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Brijesh Kumar v. State of Haryana

Special Leave Petition (Civil) · Neutral citation not assigned (Special Leave Petition (Civil) Nos. 6609-6613 of 2014)Decided 24 Mar 2014
Special Leave Petition (Civil) Nos. 6609-6613 of 2014
Justice B.S. Chauhan · Justice J. Chelameswar

Background

Landowners obtained a modest enhancement of compensation for land acquired in Haryana but waited more than ten years to appeal further. They then sought the higher amounts obtained by other landowners who had appealed in time, and the High Court refused to excuse their delay.

Decision Breakdown

The Court dismissed the petitions and upheld the refusal to condone the delay of ten years, two months and twenty-nine days. A liberal approach to delay still requires a satisfactory explanation and does not excuse prolonged inaction merely out of sympathy. Learning that diligent litigants have obtained better relief does not by itself explain years of failure to pursue an appeal. The Court did not reassess the market value because the threshold requirement for entertaining the late appeals had not been met.

Lesson Learnt

Pursue a compensation challenge within the appeal deadline; another landowner's later success does not automatically revive an appeal left unfiled for years.

Official source (sci.gov.in)View Judgment (PDF)

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