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2025 (4) TMI 1750

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.... October, 2019 passed in RFA No. 1013/2019 and RFA -1617- 2019 (O&M) by the High Court of Punjab and Haryana at Chandigarh, whereby the delay in preferring the appeals before the High Court from the order dated 31st January 2005 [Hereinafter referred to as "Reference Court"], passed by the Additional District Judge, Jhajjar, in LAC Case No. 57 of 2000 and LAC No. 60/2000/2004, was refused to be condoned. 3. Several parcels of land were acquired by the State for public purposes, namely, for the development and utilization of land as residential and commercial area in Sector-2, Bahadurgarh. 4. The land of the instant petitioners was acquired with the issuance of Notification No. LAC (H) No. 96/2141 dated 24th May, 1996, under Section 6 ....

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.... also be entitled to the interest at the rate of 9 per cent per annum for the period of one year from the date of taking over possession and at the rate of 15 per cent per annum for subsequent period till the payment of aforesaid amount less the amount already paid. The present references are accordingly allowed with costs. Memo of costs be prepared accordingly. File be consigned to record room after due compliance." 5. Undisputedly, in the cases concerning acquisitions in the same area, the compensation stands further enhanced in several petitions in terms of different judgments rendered both by the High Court of Punjab and Haryana, Chandigarh, as also this Court. In fact, this Court enhanced the compensation [C.A. No.19354/2017] up to ....

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....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 realized that: "1. Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties. 3. "Every day's delay must be explained" does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a ratio....

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....es were also made to Market Committee Hodal v. Krishan Murari [(1996) 1 SCC 311] wherein delay of 3240 days arising from the same acquisition has been condoned. In Huchanagouda v. Assistant Commissioner and Land Acquisition Officer & Anr.[(2020) 19 SCC 234], this Court, taking into account the poverty and illiteracy of the land loser, condoned the delay of more than 2000 days. It was observed that equities had to be balanced by ensuring that the determination of market value relates back to the preliminary notification - making sure that there is no prejudice to the acquiring authorities, as also no undue advantage to the land loser. In other words, the appellants who approached the Court with delay, would not be granted interest for such p....