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Judgment
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The land owners - claimants are the Appellants. These matters relate to acquisition of their lands for Ghataprabha Right Bank Canal. The land Acquisition Officer awarded Rs. 13,500/- per acre and the reference court increased it to Rs. 1,80,000/-. The Appellants filed appeals before the High Court seeking enhancement. As there was a delay of 159 days in filing the appeals, the appeals were accompanied by applications for condonation of delay. The said appeals have been rejected by the High Court by the impugned order dated 11.4.2008, as a consequence of rejection of the applications for condonation of delay.
We find from the applications and the supporting affidavit that the Appellants have satisfactorily explained their delay. They have stated that they had handed over the papers to one Erappa Patil with instruction to file the appeal and that person has not heard of and that is why there is a delay. The Appellants are agriculturists holding small extends of land. As they will not have the knowledge or experience in regard to litigation, it is usual for such small land holders to entrust all their matters to a common person and there is nothing strange in such conduct. The High Court, in disbelieving the reasons given for explaining the delay, committed an error in adopting a rather technical and strict standard.
On the facts and circumstances, we consider this a fit case where the High Court ought to have condoned the delay. We, therefore, allow these appeals, set aside the order dated 11.4.2008 and restore the appeals after condoning the delay. The High Court is requested to dispose of the appeals in accordance with law.