Case: HUCHANAGOUDA Vs. THE ASSISTANT COMMISSIONER AND LAND ACQUSITION OFFICER

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.?6. We further take note that this Court in the case of Dhiraj Singh (Dead) Thr. Lrs. And Others v. State of Haryana and Others, (2014) 14 SCC 127 , has considered the issue relating to condonation of delay in land acquisition matters and the manner in which the equities are to be balanced. It is held therein as hereunder:"15. 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.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 sated in para 3 as under:?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-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 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 rational common sense pragmatic manner.(4) When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserved to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.(5) There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact he runs a serious risk.(6) It must be grasped that judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so.?Further, even if the consideration is made on merits after condoning the delay, the determination of the market value will in all event relate back to the date of preliminary notification and as such there is no prejudice to the acquisition authority nor added advantage to the land loser. The aspect relating to interest can be taken care by denying 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 appellants has submitted that though the acquired land on the date of acquisition was agricultural land the very fact that it is acquired for rehabilitation which is non-agricultural use, the same has the potential for development for being converted into building sites and had the potential of being put to better use. Reliance was placed by learned counsel for the appellants on the judgment of this Court in General Manager, Oil and Natural Gas Corporation Limited v. Rameshbhai Jivanbhai Patel and Another, (2008) 14 SCC 745. Pointing out that there should be significant increases in the market value of the land in para ‘14? of Rameshbhai (supra) it was held by this Court which reads as under :?14. On the other extreme, in remote rural areas where there was no chance of any development and hardly any buyers, the prices stagnated for years or rose marginally at a nominal rate of 1% or 2% per annum. There is thus a significant difference in increases in market value of lands in urban/semi-urban areas and increases in market value of lands in the rural areas. Therefore if the increase in market value in urban/semi-urban areas is about 10% to 15% per annum, the corresponding increases in rural areas would at best be only around half of it, that is about 5% to 7.5% per annum. This rule of thumb refers to the general trend in the nineties, to be adopted in the absence of clear and specific evidence relating to increase in prices. Where there are special reasons for applying a higher rate of increase, or any specific evidence relating to the actual increase in prices, then the increase to be applied would depend upon the same.?

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]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 Hirehallaeven if the consideration is made on merits after condoning the delay, the determination of the market value will in all event relate back to the date of preliminary notification and as such there is no prejudice to the acquisition authority nor added advantage to the land loser. The aspect relating to interest can be taken care by denying it to the land loser for the period of delay.