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Suresh Kumar v. State of Haryana

Civil Appeal · 2025 INSC 550Decided 23 Apr 2025
C.A. No.-005526-005526 - 2025 (arising out of SLP(C) No.670/2020, with connected SLP(C) No.2832/2020)
Justice Sanjay Karol · Justice Manmohan

Background

Land belonging to Suresh Kumar and other farmers in Bahadurgarh, Haryana, was compulsorily acquired by the State in 1996 for a residential/commercial development. A Reference Court fixed enhanced compensation in 2005, but when the landowners tried to appeal that award to the High Court seeking still higher compensation (in line with what other landowners from the same acquisition later received), the appeal was filed very late. The Punjab and Haryana High Court refused to condone the delay (in one connected case, a delay of 4908 days) and dismissed the appeals without hearing them on merits.

Decision Breakdown

The Supreme Court held that the High Court was wrong to refuse condonation, noting Suresh Kumar's uncontroverted claim that he had handed over the necessary papers to his representative to file the appeal, but it was never filed through no fault of his own. Relying on the well-established liberal approach to condonation of delay (citing Collector, Land Acquisition, Anand Nagar v. Mst. Katiji and later precedents), the Court emphasised that technical delay should not defeat a land loser's right to fair compensation, especially since compensation for the same acquisition had already been enhanced for other landowners in separate proceedings. The Court set aside the High Court's orders, condoned the delay, and remanded the matters for a fresh hearing on merits, but as a condition, denied the appellants any interest for the delayed period.

Lesson Learnt

Courts are expected to take a liberal, justice-oriented approach to delay in filing appeals, especially in land acquisition cases where compensation is at stake, rather than throwing out a case on a technicality; however, a litigant who benefits from condonation may still lose out on interest for the period of delay.

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

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