The issue was whether the lower authority could decline the benefit available to the appellant only due to the reason of delay of 3671 days in filing an appeal.

It was observed by the Court that when the concerned court has exercised its discretion either condoning or declining to condone the delay, normally the superior court will not interfere in exercise of such discretion. The true guide is whether the litigant has acted with due diligence. Since the Appellants/claimants are the agriculturists whose lands were acquired and when similar situated agriculturists were given a higher rate of compensation, there is no reason to decline the same to the Appellants. Merely on the ground of delay such benefit cannot be denied to the Appellants. Accordingly the delay was condoned.