Raghubir Singh alias Bira vs State of Haryana

Rajesh Bindal, J.—The present appeal has been filed along with an application seeking condonation of delay of one year and 25 days. The only ground given in the application seeking condonation of delay in filing the appeal is that the appellant remained under the impression that whatever amount is granted by Hon''ble the Supreme Court, the appellant shall be entitled to the same. It is a case in which the land was acquired way back in the year 1981. The appellant got compensation by filing an application u/s 28-A of the Land Acquisition Act, 1894 (for short, ''the Act''). As he was not satisfied with the award of the Land Acquisition Collector, reference was sought. The learned court below, while relying upon the judgment of this Court in LPA No. 366 of 1999--Surinder Kumar v. State of Haryana, decided on 7.12.2005, determined the compensation @ Rs. 110/- per square yard vide award dated 5.5.2008. Thereafter, the appellant kept quiet and filed the present appeal after a delay of one year and 25 days. The ground on which the delay of the aforesaid period has been sought to be condoned cannot be said to be justifiable for seeking condonation of such a huge delay, as the appellant was well aware of his rights and he filed the application u/s 28-A of the Act seeking parity of compensation with other land owners and not satisfied had sought reference. Once he had sought reference being not satisfied with the award of the Collector u/s 28-A of the Act, he should have availed of his further remedy within the limitation provided.

In view of my aforesaid discussion, I do not find that any reasonable ground is made out for condoning the delay of one year and 25 days in filing the appeal. The application is dismissed. Consequently, the appeal is also dismissed.