2004 INSC 0985
                                    SUPREME COURT OF INDIA

                                              Saraswathiamma

                                                      Vs.

                       Assistant Commissioner and Land Acquisition Officer

                                    S.L.P. (C) No. 3949-3950 of 2004

                                   (S. N. Variava and H. K. Sema JJ.)

                                                 06.09.2004

                                                   ORDER

Delay condoned.

1. Leave granted.

2. Heard parties.

3. These Appeals are against the orders dated 8th August, 2002 and 19th September, 2003
passed by the Karnataka High Court. Briefly stated the facts are as follows:

4. The Award was passed @ 60, 000/- per acre in respect of 23 Cents and Rs.50, 000/- per
acre in respect of the rest of the lands. The Reference Court then enhanced the compensation
to Rs.61, 371.20 per acre. The District Judge then increased compensation to Rs.90, 030.64
per acre. The decree of the District Judge was dated 30th July, 1994.

5. Pursuant to the decree the Appellant herein has received all the amounts. State filed an
appeal after a delay of 244 days (in filing) and another 2443 (in refiling). In the Interlocutory
Application for condonation of delay notice was issued. Before the Appellant herein could
approach the Court to contest the Interlocutory Applications, the delay has been condoned
and the Appeal has been disposed of by the impugned Judgment. In our view, under these
circumstances, the impugned Judgment requires to be and is accordingly set aside. # The
matter is remitted back to the High Court. The High Court shall consider the delay
application and dispose it off after hearing all the parties. If High Court condones delay then
the Appeal to be disposed off on merits.

6. The Appeals stand disposed of accordingly.

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