Dismissed

4th Battalion, Sashastra Seema Bal, Having Its Office at Mohanlalganj, Lucknow Thru. Its Commandant v. State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and 2 Others

Allahabad HC3 Dec 2025FAPLD/12/2024

Case brief

AI extract

What is this about?

Thirty-one first appeals by the Sashastra Seema Bal against enhanced land acquisition awards were filed 63 to 375 days late. Citing Section 74 RFCTLARR Act's absolute outer limit of a further sixty days and Supreme Court precedent against condoning State lethargy, the court rejected the delay-condonation applications and dismissed the appeals.

What the court decided

AI extract

4th Battalion, Sashastra Seema Bal, Having Its Office at… — Land Acquisition | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

IA/1/2024

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FIRST APPEAL DEFECTIVE No. - 12 of 2024

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4th Battalion, Sashastra Seema Bal, Having Its Office At Mohanlalganj, Lucknow Thru. Its Commandant

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.....Appellant(s)

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Versus

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State Of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow And 2 Others

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.....Respondent(s) Counsel for Appellant(s) : Ankit Srivastava Counsel for Respondent(s) : Vijay Kumar Srivastava, C.S.C.

¶9

Along with :

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1. IA/1/2024 First Appeal Defective No. 11 of 2024: 4Th Battalion Sashastra Seema Bal,Mohanlal Ganj, Lko. Thru. its Commandant

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Versus

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State of U.P. Thru. Addl. District Magistrate Land Acquisition Lko. and 3 others

¶13

2. IA/1/2024 First Appeal Defective No. 13 of 2024:

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4Th Battalion, Sashastra Seema Bal, Having its Office at Mohanlalganj, Lucknow Thru. its Commandant

¶15

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and another

¶17

3. IA/1/2024 First Appeal Defective No. 14 of 2024:

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4Th Battalion, Sashastra Seema Bal, Having its Office at Mohanlalganj, Lucknow

¶19

Versus

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State of U.P. Thru. Addl. District Magistrate Land Aquisition and 3 others

¶21

4. IA/1/2024 First Appeal Defective No. 15 of 2024:

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4Th Battalion, Sashastra Seema Bal, Having its Office at Mohanlalganj, Lucknow Thru. its Commandant

¶23

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and 2 others

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5. IA/1/2024 First Appeal Defective No. 16 of 2024:

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4Th Battalion Sashtra Seema Bal Thru. its Commandant

FAPLD No. 12 of 2024

Versus

State of U.P. Thru. Addl. District Magistrate Land Aquistion and another

¶31

6. IA/1/2024 First Appeal Defective No. 19 of 2024: 4Th Battalion, Sashastra Seema Bal, Having its Office at Mohanlalganj, Lucknow Thru. its Commandant

¶32

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and 3 others

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7. IA/1/2024 First Appeal Defective No. 20 of 2024: 4 Th Battalion, Sashastra Seema Bal Having its Office Lko. Thru. its Commandant

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Versus

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State of U.P. Thru. Addl. Distt. Magistrate (Land Acquisition) Lko. and another

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8. IA/1/2024 First Appeal Defective No. 21 of 2024:

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4Th Battalion, Sashastra Seema Bal Lko. Thru. its Commandant

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Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and 3 others

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9. IA/1/2024 First Appeal Defective No. 22 of 2024: 4Th Battalion Sashastra Seema Bal Mohanlalganj Lko. Thru. Commandant

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Versus State of U.P. Thru. Addl. Distt. Magistrate (Land Acquisition) Lko. and 7 others

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10. IA/1/2024 First Appeal Defective No. 23 of 2024: 4Th Battalion, Sashastra Seema Bal, Having its Office at Mohanlalganj, Lucknow Thru. its Commandant

¶44

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and 2 others

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11. IA/1/2024 First Appeal Defective No. 24 of 2024: 4Th Battalion, Sashastra Seema Bal, Having its Office at Mohanlalganj, Lucknow Thru. its Commandant

¶47

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and 3 others

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12. IA/1/2024 First Appeal Defective No. 25 of 2024: 4Th Battalion Sashastra Seema Bal Mohanlalganj Lko. Thru. Commandant

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Versus

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State of U.P. Thru. Addl. District Magistrate Land Acquisition Lko. and another

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FAPLD No. 12 of 2024

¶53

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13. IA/1/2025 First Appeal Defective No. 30 of 2025: 4Th Battalion Sashastra Seema Lko Thru. Commandant

¶55

Versus

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State of U.P. Thru. Addl. Dist. Magistrate Land Acquisition,Lko. and 2 others

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14. IA/1/2025 First Appeal Defective No. 31 of 2025: 4Th Battalion,Sashastra Seema Bal,Lucknow Thru. Commandant

¶58

Versus

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State of U.P. Thru. Addl. District Magistrate(Land Acquisition) Lko. and 6 others

¶60

15. IA/1/2025 First Appeal Defective No. 32 of 2025: 4Th Battalion Sashastra Seema Bal Mohanlalganj Lko. Thru. its Commandant

¶61

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition) Lko. and 4 others

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16. IA/1/2025 First Appeal Defective No. 33 of 2025: 4Th Battalion Sashastra Seema Bal Lko. Thru. Commandant

¶64

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition) Lko. and another

¶66

17. IA/1/2025 First Appeal Defective No. 34 of 2025: 4Th Battalion Sashastra Seema Bal its Office Thru. its Commandant

¶67

Versus

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State of U.P. Thru. Addl. Distt. Magistrate Land Acquisition Lko. and 2 others

¶69

18. IA/1/2025 First Appeal Defective No. 35 of 2025: 4Th Battalion Sashastra Seema Bal Having its Office at Thru. its Commandant Lko

¶70

Versus

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State of U.P. Thru. Addl. Distt. Magistrate(Land Acquisition) and another

¶72

19. IA/1/2025 First Appeal Defective No. 36 of 2025: 4Th Battalion Sashastra Seema Bal Mohanlalganj Lko. Thru. its Commandant

¶73

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition) Lko. and 4 others

¶75

20. IA/1/2025 First Appeal Defective No. 37 of 2025: 4Th Battalion Sashastra Seema Bal Having its Office at Thru. its Commandant Lko

¶76

Versus

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State of U.P. Thru. Addl. Distt. Magistrate (Land Acquisition) and 2 others

¶78

¶79

FAPLD No. 12 of 2024

¶80

21. IA/1/2025 First Appeal Defective No. 38 of 2025:

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4Th Battalion Sashastra Seema Bal Lko. Thru. its Commandant

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Versus

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State of U.P. Thru. Addl. District Magistrate Land Acquisition Lko. and 2 others

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22. IA/1/2025 First Appeal Defective No. 39 of 2025: 4Th Battalion Sashastra Seema Bal Having Officer Lko Thru. its Commandant

¶85

Versus

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State of U.P. Thru. Addl. Dist. Magistrare (Land Acquisition) Lko and another

¶87

23. IA/1/2025 First Appeal Defective No. 40 of 2025:

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4Th Battalion Sashastra Seema Bal Mohanlalganj Lko. Thru. its Commandant

¶89

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition) Lko. and another

¶91

24. IA/1/2025 First Appeal Defective No. 99 of 2025: 4Th Battalion Sashastra Seema Bal Mohanlalganj Lko. Thru. Commandant

¶92

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition) Lko. and 2 others

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25. IA/1/2025 First Appeal Defective No. 100 of 2025:

¶95

4Th Battalion Sashastra Seema Bal Lko. Thru. its Commandant

¶96

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition) Lko. and another

¶98

26. IA/1/2025 First Appeal Defective No. 101 of 2025:

¶99

4Th Battalion Sashastra Seema Bal Lko. Thru. its Commandant

¶100

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition) Lko. and 2 others

¶102

27. IA/1/2025 First Appeal Defective No. 103 of 2025:

¶103

4Th Battalion Sashastra Seema Bal Lko. Thru. Commandant

¶104

Versus

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State of U.P. Thru. Addl. Dist. Magistrate (Land Acquisition) Lko and another

¶106

28. IA/1/2025

¶107

First Appeal Defective No. 104 of 2025:

¶108

4Th Battalion Sashastra Seema Bal Having its Office at Mohanlalganj Thru. its Commandant

¶109

Versus

¶110

State of U.P. Thru. Addl. Distt. Magistrate (Land Acquisition) and 4 others

¶111

FAPLD No. 12 of 2024

¶112

¶113

29. IA/1/2025 First Appeal Defective No. 105 of 2025: 4Th Battalion Sashastra Seema Bal Lko. Thru. its Commandant

¶114

Versus

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State of U.P. Thru. Addl. District Magistrate (Land Acquisition) Lko. and another

¶116

Court No. - 19

¶117

HON'BLE PRASHANT KUMAR, J.

¶118

The aforesaid applications along with affidavit have been filed for condonation of delay in filing of the aforesaid first appeals.

¶119

Heard Shri Ankit Srivastava, learned counsel for the appellant, learned Standing Counsel for the State, Shri Vijay Kumar Srivastava, learned counsel for the private respondents and perused the record.

¶120

Arguments of the learned counsel for the parties.

¶121

Shri Ankit Srivastava, learned counsel for the appellant submits that there is delay in filing the aforesaid appeals and the delay ranges between 63 to 375 days. He further submits that the reason for such delay is the process in the department, which took reasonable period of time for taking decision for filing the aforesaid appeals.

¶122

Per contra, Shri Vijay Kumar Srivastava, learned counsel for the private respondents vehemently opposes the applications for condonation of delay and submits that the instant appeals suffer from delay and laches and sufficient cause has not been shown for condonation of delay in the appeals.

¶123

Learned counsel for the private respondent submits that as per Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'Act, 2013'), an appeal has to be filed within 60 days from the date of award. He further submits that the proviso of Section 74 of the Act, 2013 clearly states that the High Court may condone the delay in filing those appeals, which are preferred within a further period of sixty days but not beyond this period.

¶124

Learned counsel for the private respondents submits that the appellant has preferred the appeals beyond statutory period of further 60 days,

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FAPLD No. 12 of 2024

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¶127

hence the same have to be dismissed on the ground of delay. He further submits that this Court is not empowered to condone the delay of more than sixty days beyond the further period, as it is bound by the statute.

¶128

He further submits that the ground given in the delay condonation application does not show any sufficient cause, which prohibited the appellant to prefer the appeals within time.

¶129

He further submits that in spite of the order of enhancement of compensation by the Reference Court, the appellant has filed the appeal, which suffer from delay and laches.

¶130

These appeals are pending since 2024 and no interim order is operating in favour of the appellants. Still the appellant has written a letter to the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Lucknow, U.P. (herein-after referred to as 'Presiding Officer'), requesting them not to disburse enhanced compensation money to the private respondents. Mere filing of an appeal would not render stay of the judgement passed by the Reference Court. The appellant using their influence have written the said letter to the Presiding Officer, who is bound to pay the compensation amount. On this letter, the disbursement of the compensation amount has been held back. He cannot hold back the compensation on the mere letter written by the appellant.

¶131

It is further informed by learned counsel for the respondents that the enhanced amount of compensation has still not been paid by the appellant and the entire endeavour of filing of the instant appeals is just to hold the entire enhanced compensation.

¶132

Analysis and conclusions:

¶133

Heard learned counsel for the parties and perused the record.

¶134

The delay in filing the aforesaid appeals is as follows:

¶135

Sl. No.	First Appeal Defective Number	Delay in Preferring the Appeals (in Days)
1.	First Appeal Defective No. 12 of 2024	82
2.	First Appeal Defective No. 11 of 2024	82

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FAPLD No. 12 of 2024

¶137

¶138

3.	First Appeal Defective No. 13 of 2024	107
4.	First Appeal Defective No. 14 of 2024	76
5.	First Appeal Defective No. 15 of 2024	106
6.	First Appeal Defective No. 16 of 2024	92
7.	First Appeal Defective No. 19 of 2024	103
8.	First Appeal Defective No. 20 of 2024	103
9.	First Appeal Defective No. 21 of 2024	82
10.	First Appeal Defective No. 22 of 2024	107
11.	First Appeal Defective No. 23 of 2024	82
12.	First Appeal Defective No. 24 of 2024	103
13.	First Appeal Defective No. 25 of 2024	82
14.	First Appeal Defective No. 30 of 2025	356
15.	First Appeal Defective No. 31 of 2025	375
16.	First Appeal Defective No. 32 of 2025	63
17.	First Appeal Defective No. 33 of 2025	303
18.	First Appeal Defective No. 34 of 2025	373
19.	First Appeal Defective No. 35 of 2025	357
20.	First Appeal Defective No. 36 of 2025	374
21.	First Appeal Defective No. 37 of 2025	357
22.	First Appeal Defective No. 38 of 2025	374
23.	First Appeal Defective No. 39 of 2025	302

¶139

FAPLD No. 12 of 2024

¶140

¶141

24.	First Appeal Defective No. 40 of 2025	302
25.	First Appeal Defective No. 99 of 2025	361
26.	First Appeal Defective No. 100 of 2025	362
27.	First Appeal Defective No. 101 of 2025	362
28.	First Appeal Defective No. 103 of 2025	361
29.	First Appeal Defective No. 104 of 2025	361
30.	First Appeal Defective No. 105 of 2025	362

¶142

Before proceeding with the matter, the Court would delve into the relevant provisions of the Act. The provision of Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is as follows:

¶143

" 74. Appeal to High Court. – (1) The Requiring Body or any person aggrieved by the Award passed by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award:

¶144

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

¶145

(2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and endeavour shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court.

¶146

Explanation. — For the purposes of this section, "High Court" means the High Court within the jurisdiction of which the land acquired or proposed to be acquired is situated. "

¶147

The proviso of Section 74 of the Act, 2013 is clear that an appeal may be filed within sixty days and thereafter the delay of further sixty days can be condoned if the High Court is satisfied with the reason given for the delay.

¶148

Hon'ble Supreme Court in the matter of CCE & Customs v. Hongo India (P) Ltd ., (2009) 5 SCC 791 : (2009) 315 ITR 449 : (2010) 2 GSTR

¶149

FAPLD No. 12 of 2024

¶150

¶151

305 : (2009) 24 VST 298 : 2009 SCC OnLine SC 647 at page 802 has stated that it is the duty of the court to respect the legislative intent. The relevant extract of the judgement is quoted herein-below:

¶152

"36. The scheme of the Central Excise Act, 1944 supports the conclusion that the time-limit prescribed under Section 35H(1) to make a reference to the High Court is absolute and unextendable by a court under Section 5 of the Limitation Act. It is well-settled law that it is the duty of the court to respect the legislative intent and by giving liberal interpretation, limitation cannot be extended by invoking the provisions of Section 5 of the Limitation Act."

¶153

(emphasis added)

¶154

The Hon’ble Supreme Court in the matter of Chennai Metropolitan Water Supply & Sewerage Board v. T.T. Murali Babu , (2014) 4 SCC 108, had held that the doctrine of delay and laches should not be lightly brushed aside. It is the duty of the court to protect the rights of the citizens but simultaneously it is to keep itself alive to the primary principle that when an aggrieved person, without adequate reason, approaches the court at his own leisure or pleasure, the court would be under legal obligation to scrutinize whether the lis at a belated stage should be entertained or not. Delay reflects inactivity and inaction on the part of a litigant — a litigant who has forgotten the basic norms, namely, “procrastination is the greatest thief of time” and second, law does not permit one to sleep and rise like a phoenix. Delay does bring in hazard and causes injury to the lis.

¶155

Further this Court has to see the sufficient 'explanation' for condonation of delay and not the 'excuses' for condoning the delay as held by the Hon'ble Supreme Court in the case of Sheo Raj Singh & Others Vs. Union of India and Another ; (2023) 10 SCC 531 . The relevant paragraphs 31 and 32 are extracted here-in-below:-

¶156

"31. Sometimes, due to want of sufficient cause being shown or an acceptable explanation being proffered, delay of the shortest range may not be condoned whereas, in certain other cases, delay of long periods can be condoned if the explanation is satisfactory and acceptable. Of course, the courts must distinguish between an "explanation" and an "excuse". An "explanation" is designed to give someone all of the facts and lay out the cause for something. It helps clarify the

¶157

FAPLD No. 12 of 2024

¶158

¶159

circumstances of a particular event and allows the person to point out that something that has happened is not his fault, if it is really not his fault. Care must, however, be taken to distinguish an "explanation" from an "excuse". Although people tend to see "explanation" and "excuse" as the same thing and struggle to find out the difference between the two, there is a distinction which, though fine, is real.

¶160

32. An "excuse" is often offered by a person to deny responsibility and consequences when under attack. It is sort of a defensive action. Calling something as just an "excuse" would imply that the explanation proffered is believed not to be true. Thus said, there is no formula that caters to all situations and, therefore, each case for condonation of delay based on existence or absence of sufficient cause has to be decided on its own facts. At this stage, we cannot but lament that it is only excuses, and not explanations, that are more often accepted for condonation of long delays to safeguard public interest from those hidden forces whose sole agenda is to ensure that a meritorious claim does not reach the higher courts for adjudication."

¶161

(emphasis added)

¶162

Hon'ble Supreme Court in State of Madhya Pradesh v. Bherulal , reported in (2020) 10 SCC 654 , wherein the appellant-State was seeking a condonation of delay of 663 days. The Hon'ble Supreme Court sternly noted that it will not let the courts to be forums wherein the Government can walk-in, when it desires, entirely ignoring the period of limitation, and buttress reliance on cases wherein it allowed condonation, employing its discretionary powers, on merits or modalities of peculiarities of those cases. Relevant paragraphs are extracted below:

¶163

"3. No doubt, some leeway is given for the government inefficiencies but the sad part is that the authorities keep on relying on judicial pronouncements for a period of time when technology had not advanced and a greater leeway was given to the Government [...]

¶164

***

¶165

7. We are thus, constrained to send a signal and we propose to do in all matters today, where there are such inordinate delays that the Government or State authorities coming before us must pay for wastage of judicial time which has its own value. Such costs can be recovered from the officers responsible."

FAPLD No. 12 of 2024

(Emphasis added )

Hon'ble Supreme Court in the matter of Union of India and Another V. Jahangir Byramji Jeejeebhoy(D) Through His Lr; Civil Appeal No. of 2024 (arising out of S.L.P. (Civil) No. 21096 of 2019); 2024 SCC OnLine SC 489 has held as under :-

¶170

"27. We are of the view that the question of limitation is not merely a technical consideration. The rules of limitation are based on the principles of sound public policy and principles of equity. We should not keep the ‘Sword of Damocles’ hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellants.

¶171

__*

¶172

35. In a plethora of decisions of this Court, it has been said that delay should not be excused as a matter of generosity. Rendering substantial justice is not to cause prejudice to the opposite party. The appellants have failed to prove that they were reasonably diligent in prosecuting the matter and this vital test for condoning the delay is not satisfied in this case. "

¶173

(emphasis added)

¶174

Hon'ble Supreme Court in the case of Shivamma (Dead) by LRs v. Karnataka Housing Board ; MANU/SC/1262/2025, categorically stated that the State or its instrumentality cannot claim special treatment or preferrential handling in litigation. The State must be treated equally with private litigants and follow the same rules and regulations. The delay by the State must not be condoned unless justified, promoting accountability and diligence in public litigation. Relevant paragraphs are extracted below:

¶175

"189. This was followed by Indian Oil Corpn (supra) wherein this Court sowed the seeds for the shift in approach of the courts in matters where condonation of delay was sought by the State or its instrumentalities, inasmuch as it held that the Government and its various functionaries cannot be placed on a pedestal higher than any ordinary litigants, and held that the pragmatic and justice-oriented approach of the courts should be confined only to cases where there was no gross negligence or deliberate inaction on part of the State.

¶176

***

¶177

210. What may be discerned from the aforesaid is that the

¶178

FAPLD No. 12 of 2024

¶179

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jurisprudence on condonation of delay under Section 5 of the Limitation Act, particularly where the State or any of its instrumentality is involved, has witnessed a significant shift. From a regime that once accorded preferential indulgence to the State, premised on its bureaucratic complexities and institutional inertia, the law has now evolved to insist upon parity between the government and private litigants. The rationale is that public interest is better served not by excusing governmental inefficiency, but by fostering accountability, diligence, and responsibility in the conduct of public litigation.

¶181

***

¶182

249. Once the State chooses to litigate, it must shoulder the same responsibilities and abide by the same limitations that bind every litigant. To permit the State to evade the consequences of delay on the ostensible plea that the fault lay with individual officers would amount to diluting the rigour of limitation statutes and undermining their very object. Such an approach would not only privilege the State unjustly over private parties but would also perpetuate a culture of indifference and irresponsibility within the administration."

¶183

(emphasis added)

¶184

In conclusion, the Hon'ble Supreme Court in Shivamma (Dead) by LRs (supra) held that administrative lethargy and laxity can never stand as sufficient ground for condonation of delay. Relevant paragraphs are extracted below:

¶185

"261. Thus, for the reasons aforesaid, the impugned order of the High Court deserves to be set aside. Before we proceed to close this judgment, we deem it appropriate to make it abundantly clear that administrative lethargy and laxity can never stand as a sufficient ground for condonation of delay, and we want to convey an emphatic message to all the High Courts that delays shall not be condoned on frivolous and superficial grounds, until a proper case of sufficient cause is made out, wherein the State-machinery is able to establish that it acted with bona fides and remained vigilant all throughout. Procedure is a handmaid to justice, as is famously said. But courts, and more particularly the constitutional courts, ought not to obviate the procedure for a litigating State agency, who also equally suffer the bars of limitation from pursuing litigations due to its own lackadaisical attitude.

¶186

262. The High Courts ought not give a legitimizing effect to such callous attitude of State authorities or its

¶187

FAPLD No. 12 of 2024

¶188

¶189

instrumentalities, and should remain extra cautious, if the party seeking condonation of delay is a State-authority. They should not become surrogates for State laxity and lethargy. The constitutional courts ought to be cognizant of the apathy and pangs of a private litigant. Litigants cannot be placed in situations of perpetual litigations, wherein the fruits of their decrees or favourable orders are frustrated at later stages. We are at pains to reiterate this everlasting trend, and put all the High Courts to notice, not to reopen matters with inordinate delay, until sufficient cause exists, as by doing so the courts only add insult to the injury, more particularly in appeals under Section 100 of the CPC, wherein its jurisdiction is already limited to questions of law.

¶190

263. Limitation periods are prescribed to maintain a sweeping scope for the lis to attain for finality. More than the importance of judicial time, what worries us is the plight of a litigant with limited means, who is to contest against an enormous State, and its elaborate and never-exhausting paraphernalia. Such litigations deserve to be disposed of at the very threshold, because, say if a party litigating against the State, for whatever reason, is unable to contest the condonation of delay in appeal, unlike the present case, it reopens the lis for another round of litigation, and leaves such litigant listless yet again. As courts of conscience, it is our obligation that we assure that a litigant is not sent from pillar to post to seek justice.

¶191

264. No litigant should be permitted to be so lethargic and apathetic, much less be permitted by the courts to misuse the process of law."

¶192

(emphasis added)

¶193

The appellant being a department is equipped with a dedicated legal set-up, trained law officers, and panel advocates who are fully conversant with statutory requirements, procedural steps and limitation periods applicable to such claim petitions. Such an entity is expected to act with due diligence and within the time prescribed by law. Internal administrative procedures, movement of files, or departmental processing cannot constitute "sufficient cause" for delay.

¶194

Institutional inefficiency, red-tapism, or routine procedural delays are not valid grounds for condonation of delay. Accordingly, when any department fails to act within limitation despite having adequate infrastructure and professional legal assistance, the plea of departmental

¶195

FAPLD No. 12 of 2024

¶196

¶197

delay does not justify condonation. The burden lies heavily on such institutional or departmental litigants to show bonafide and unavoidable circumstances otherwise delay cannot be condoned.

¶198

Considering the ratio laid down in the aforesaid judgements passed by Hon'ble Supreme Court , the delay can only be condoned if sufficient ground is shown for condonation of delay. However, the appellant has failed to show any sufficient cause for condonation of such a long delay.

¶199

The appellant while filing the instant appeals have miserably failed to disclose sufficient cause. The appellant being the department has proper machinery to deal with court cases, therefore, the grounds shown by the appellant are nothing but seems to be a concocted story, only to get the delay condoned in the matter of such claims.

¶200

In the matter of CCE & Customs (supra), Hon'ble Supreme Court held that the court has to respect the legislative intent and the same is duty of the court. Here the time limit prescribed in the Statute is absolute and the court cannot extend the further period when there is no sufficient ground except an excuse. On interpreting the above provision, this Court is also required to consider whether sufficient grounds exist to condone the delay even for further sixty days. Here, this Court is not satisfied with the reasons/excuses given by the appellant i.e. 4th Battalion, Sashastra Seema Bal, Lucknow through its Commandant, who has adequate departmental machinery to handle court cases.

¶201

Further the provision of Section 74 of the Act, 2013 clearly lays down that an appeal has to be filed within 60 days and the court may condone the delay of further period of sixty days, if sufficient cause for filing the appeal with delay is made out. However, the Statute is very clear that the power to condone the delay with High Court is only upto sixty days beyond the period of limitation, but in these appeals, all the appeals have been filed beyond sixty days. Hence the delay in these appeals cannot be condoned. Therefore, the applications for condonation of delay filed in all the appeals are sans merit and are liable to be rejected.

¶202

Accordingly, the aforesaid applications for condonation of delay are rejected .

¶203

FAPLD No. 12 of 2024

¶204

¶205

In view of the above, the instant appeals suffer from delay and laches and consequently, the appeals are dismissed .

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(Prashant Kumar,J.)

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December 3, 2025

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Anupam S/-

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Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

4th Battalion, Sashastra Seema Bal, Having Its Office at Mohanlalganj, Lucknow Thru. Its Commandant v. State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and 2 Others

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What the court decided

4th Battalion, Sashastra Seema Bal, Having Its Office at Mohanlalganj, Lucknow Thru. Its Commandant v. State of U.P. Thru. Addl. District Magistrate (Land Acquisition), Lucknow and 2 Others

Case brief

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