Extracted from the PDF above. The PDF is authoritative.
Nika Ram vs. State of H.P. and others. CMP(M) 251 of 2024
30.04. 2025 Present: Mr. Mahesh Sharma, Advocate, for the applicant. Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondents/State. CMP(M) No. 251 of 2024 Heard learned counsel for the parties. Perused the pleadings. In filing the present appeal, there is delay of four years and 15 days. The present matter pertains to a land acquisition. The applicant herein is seeking enhancement for the compensation awarded by the Appellate Authority in the case at hand. Law with respect to condonation of delay in an appeal filed by an individual, whose land has been acquired, has been enunciated lucidly by the judgment titled Suresh Kumar vs. State of Haryana alongwith connected matter(Civil Appeal 15526 of 2025) 2025 INSC 550. The relevant extract whereof has been reproduced as under:
9. Implementing in letter and spirit, the observations made as above, i,e., a liberal approach in condonation of delay, we notice that this Court in quite a few judgments has condoned substantial delay. We may refer to some of them. In Dhiraj Singh v. State of Haryana & Ors.5 TheCourt observed that even though there was long delay in filing the appeals, it was a case of compulsory acquisition and there had been a difference in the amount of compensation granted to some land
losers vis-a-vis others. References were also made to Market Committee Hodal v. Krishan Murari6 wherein delay of 3240 days arising from the same acquisition has been condoned. In Huchanagouda v. Assistant Commissioner and Land Acquisition Officer & Anr.7, 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 preliminary2024 SCC On Line SC 513 (2014) 14 SCC 127 (1996) 1 SCC 311(2020) 19 SCC 234 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 period. For the sufficient cause shown in the pleadings and in view of the law laid down by the Apex Court, delay in filing the present appeal is condoned.
However, it is made clear that for the period of delay in the case at hand, the appellants would not be entitled to any interest. RFA No …………….RFA ST No. 669 of 2024. It be registered. Admit. Call for the records. List for hearing in due course. (Bipin C. Negi) Judge April 30, 2025 (veena)