TaxTMI 
TaxTMI 
2019 (7) TMI 2088
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....lit Mohini Bhat, adv. Mr. Rahul Jain, Adv. JUDGMENT (1) Leave granted. (2) The Government notified the lands in-question for acquisition for the purpose of rehabilitating the Veerapur villagers on account of implementation of Hirehalla project on 16.10.2003. The Land Acquisition Officer passed the award dated 08.03.2006 fixing the value of the land at the rate of Rs.24,500/- per acre. In reference, the Court raised the market value to Rs.1,26,500/- per acre. In appeal, the High Court has taken into account the market value determined in respect of acquisition under another Notification dated 24.11.1994, pointing out that the present notification is dated 16.10.2003 and there being a gap of about eight years and ten months and twent....
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....approach where there is a delay in filing the special leave petition. This Court in para '11' of Imrat Lal (Supra) has held as under: "11. We can take judicial notice of the fact that villagers in our country are by and large illiterate and are not conversant with the intricacies of law. 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,....
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....es 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-purpoe 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) Refusing to condone delay can result in a meritorious ....
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....it to the land loser for the period of delay. (7) Following the above judgment and for the further reasons assigned above, in our view the delay of 2154 days in filing and 252 days in refiling S.L.P.(C) Diary No.27982 of 2017 as also the delay of 2109 days in filing and 250 days in refiling S.L.P.(C)Diary No.27981 of 2017 cannot be a reason to deny the consideration of the matter on merits regarding the claim of the appellant for just and fair compensation. (8) The High Court has granted 5% escalation for the gap of about nine years between 24.11.1994 and 16.10.2003. Admittedly, the acquisition of the land was for rehabilitating the Veerapur villagers on account of implementation of Hirehalla Project. Learned counsel appearing for the....