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2014 (7) TMI 1303 - SC - Indian LawsDemand of enhanced compensation - land was acquired by the Government by way of compulsory acquisition - Section 4 of the Land Acquisition Act, 1894 - appellants in all these appeals had preferred the regular first appeals which were heard and dismissed by the learned Single Judge along with the appeals of other persons. However, they did not challenge the order by preferring further appeal before the Division Bench, though, similarly situated landowners had preferred the appeals and in their cases, compensation was enhanced to ₹ 200 per square yard - HELD THAT:- No doubt, there is a long delay in filing the appeals. However, we find that it is a case of payment of compensation to these appellants who were the landowners and which land was taken away by compulsory acquisition. However, landowners whose lands were taken over by the same notification, have been able to get the compensation @ ₹ 200 per square yard whereas the compensation given to the appellants is @ ₹ 101 per square yard for their entire land - It is also not in dispute that the appellants are agriculturists. Their averment that they could not prefer the LPAs because of their financially weak condition, has not been disputed by the respondents. In the matter of land acquisition where land of peasants is acquired, a different approach has to be taken. These persons should not be deprived of the reasonable compensation for their lands. If other similarly situated landowners are given the compensation @ ₹ 200 square yard, there is no reason to pay the compensation to the appellants at much lesser rate. Equities can be balanced by denying the appellants' interest for the period for which they did not approach the Court. The substantive rights of the appellants should not be allowed to be defeated on technical grounds by taking hypertechnical view of self-imposed limitations. In the matter of compensation for land acquisition, we are of the view that approach of the court has to be pragmatic and not pedantic. Impugned orders of the High Court are set aside. Delay in filing the LPAs is condoned. It is held that the appellants shall be entitled to enhanced compensation @ ₹ 200 per square yard. However, for the period of delay in approaching the High Court by way of LPAs, in all these cases, no interest should be paid to them - Appeal allowed.
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