Imrant Lal v. Land Acquisition Collector 2015 (2) RCR 437

Introduction 

• In this case condonation of delay was granted even in time barred appeal. 

Facts 

• The appellant land was acquired by the government under section 54 of the Land Acquistion Act, 1894 (LA). 
• A petition was filed before the Additional District Judge by the appellant for his nonsatisfaction of the cost of the award granted by the Land Acquisition Collector and the award was enhanced. 
• A number of landowners filed an appeal before the High Court of Punjab and Haryana under section 54 of the LA Act, 1894 to enhance the award cost under the case title Sudama & othrs v. State of Haryana (2006) and enhanced the cost of the awards made by the Land Acquisition Collector. 
• Almost after three years the appellant filed an appeal before the High Court of Punjab and Haryana requesting condonation of delay. 
  • The court dismissed the appeal as there was no sufficient cause for the condonation of delay under section 5 of the Limitation Act 1963.  
• This dismissal led to an appeal to the Supreme Court by the appellant. 

Issues Involved  

• Whether appeal filed under Section 54 of LA, 1984 maintainable? 
• Whether application filed under Section 5 of Limitation Act 1963 for condonation of delay is maintainable? 

Observations 

• The Supreme Court observed that due to illiteracy, poverty and ignorance villagers are prevented from proper conduct in the legal proceedings. 
• It was also observed by the courts that villagers even do not possess the full and proper information and generally file their cases based on half information available to them. 
• It was stated by the court that while giving decisions on land acquisition cases the court should take a liberal approach towards villagers. 

Conclusion 

• The Supreme Court held that the application for enhancement of award shall be maintainable while interest against the delay shall not be granted.