TMI Blog2014 (7) TMI 1303X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 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 compen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed all the appeals filed by the landowners and also the State of Haryana. 5. Against the abovesaid order, the similarly situated landowners went in appeal and vide judgment dated 27-7-2005 passed in Horam v. State of Haryana, a Division Bench of the High Court awarded compensation @ ₹ 200 per square yard for the land under acquisition. 6. The 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. The aforesaid rate of ₹ 200 per square yard has been upheld by this Court in Ajay Pal v. State of Haryana Civil Appeal No. 610 of 2012, order dated 17-1-2012 SC. 7. It is the case of the appellants that due to their financially weak condition, they could not file the letter patent appeals (LPAs) before the Division Bench and on coming to know of the judgment dated 27-7-2005 rendered by the Division B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... They are usually guided by their co-villagers, who are familiar with the proceedings in the courts or the advocates with whom they get in touch for redressal of their grievance. Affidavits filed in support of the applications for condonation of delay are usually drafted by the advocates on the basis of half-baked information made available by the affected persons. Therefore, in the acquisition matters involving claim for award of just compensation, the court should adopt a liberal approach and either grant time to the party to file better affidavit to explain delay or suo motu take cognizance of the fact that large number of other similarly situated persons who were affected by the determination of compensation by the Land Acquisition Officer or the Reference Court have been granted relief. In Samiyathal v. Tahsildar Civil Appeal No. 5335 of 2013, order dated 5-7-2013 SCdecided on 5-7-2013, this Court took cognizance of the fact that many landowners may not have been able to seek intervention of this Court for grant of enhanced compensation due to illiteracy, poverty and ignorance and issued direction that those who have not filed special leave petition should be given en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cquisition, we are of the view that approach of the court has to be pragmatic and not pedantic. 16. The principles regarding condonation of delay particularly in land acquisition matters, have been enunciated in Collector (LA) v. Katiji 1987 2 SCC 107, wherein it is stated in para 3 as under: (SCC p. 108) 3. The legislature has conferred the power to condone delay by enacting Section 5 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on merits . The expression sufficient cause employed by the legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice-that being the life-purpose for the existence of the institution of courts. It is common knowledge that this Court has been making a justifiably liberal approach in matters instituted in this Court. But the message does not appear to have percolated down to all the other courts in the hierarchy. And such a liberal approach is adopted on principle as it is realised that: (1) Ordinarily a litigant does not stand to benefit by lodging an appeal late. (2) Ref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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