Land acquisition appeal filed after 5,204-day delay allowed, but Punjab & Haryana HC denies interest and statutory benefits for the delayed period

The appellant, Bhim Singh through his legal heirs, filed an appeal under Section 54 of the Land Acquisition Act, 1894, challenging the award dated 31.03.2012 passed by the Additional District Judge, Sonipat, which did not grant the claimed compensation.

The appeal was filed with a delay of 5204 days. The appellant sought condonation on the ground that he was unaware of the status of the proceedings and contended that similarly situated landowners had obtained enhanced compensation from the High Court.

The State conceded that the appellant’s claim was covered by an earlier judgment of the High Court but submitted that, in view of the delay, statutory benefits and interest for the delayed period could not be granted.

1. Whether the delay of 5204 days in filing the land-acquisition appeal should be condoned under Section 5 of the Limitation Act, 1963.

2. Whether, after condonation of the delay, the appellant was entitled to enhanced compensation in terms of the judgment dated 05.07.2019 in RFA-4101-2008.

3. Whether the appellant was entitled to statutory benefits and interest for the period of delay.

The Court applied Section 5 of the Limitation Act, 1963, under which delay may be condoned where “sufficient cause” is shown, while recognising that limitation law serves the public policy of bringing finality to litigation.

It relied on Pathapati Subba Reddy (Died) by LRs. v. The Special Deputy Collector, 2024 (12) SCC 336, which holds that condonation is discretionary, that merits ordinarily should not determine the delay application, and that mere similarity with cases where relief was granted does not justify condonation absent sufficient cause.

It considered Shivamma (Dead) v. Karnataka Housing Board, 2025 SCC OnLine SC 1969, which cautions against mechanically condoning inordinate delay and requires a bona fide explanation covering the entire period.

In land-acquisition matters, it followed New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead) through LRs., 2022 SCC OnLine SC 1599, and Suresh Kumar v. State of Haryana, 2025 SCC OnLine SC 896, recognising that delayed appeals by landowners may be allowed to secure just compensation, but the acquiring body should not bear statutory benefits or interest for the delayed period.

It also relied on Urban Improvement Trust v. Vidhya Devi, 2024 SCC OnLine SC 3725, emphasising a liberal, justice-oriented approach in land-acquisition cases and the constitutional protection of property under Article 300-A.

The appeal itself was governed by Section 54 of the Land Acquisition Act, 1894.

The Court balanced the strictness ordinarily required in limitation matters against the beneficial nature of land-acquisition jurisprudence and the landowner’s constitutional property rights.

Although the delay was extremely long and the appellant’s explanation was based on lack of knowledge of the case status, the Court noted that the appellant was similarly situated to landowners who had already secured relief and that the State accepted that the claim was covered by the earlier High Court judgment.

Applying the liberal approach approved in land-acquisition cases, the Court condoned the 5204-day delay.

However, to prevent prejudice to the acquiring authority and avoid imposing an excessive public financial burden caused by the appellant’s delayed approach, it excluded interest and statutory benefits for the delayed period, consistently with New Okhla Industrial Development Authority and Suresh Kumar.

Since both parties accepted that the substantive compensation claim was covered by RFA-4101-2008, the Court disposed of the appeal in accordance with that precedent.

The main appeal was allowed in terms of the High Court’s judgment dated 05.07.2019 in RFA-4101-2008.

The appellant was granted the compensation available under the applicable precedent but was expressly denied interest for the delayed period of 5204 days and all statutory benefits.

Any pending miscellaneous applications were disposed of accordingly.