Single judge allowable condonation of delay in filing and re-filing appeals under the Land Acquisition Act, relying on Supreme Court precedent, while denying interest for the delay period.
Condonation of delay in filing and re-filing the appeal; appellant not entitled to interest for the delay period.
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SHYAMBIR & ORS ..... Appellants Through: Mr. B.D. Sharma, Adv.
versus
UNION OF INDIA & ANR ..... Respondents Through: Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs. for R-1
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R % 19.01.2016
CM No.25070/2015 & CM No.25072/2015
By these applications, the applicant seeks condonation of 1064 days delay in filing and 18 days delay in re-filing the accompanying appeal under Section 54 of the Land Acquisition Act.
Learned counsel appearing for respondent No.1 sought time to reply to the applications.
This Court is of the opinion that no reply in the aforesaid case is necessary. The Hon’ble Supreme Court of India has already enhanced the compensation in respect of the same acquisition proceedings in Civil Appeal Nos. 10982-11033/2014 titled Charan Singh & Others vs. Union of India & Another decided on 11.12.2014.
The courts have been liberal in condoning the delay in filing the appeals under the Land Acquisition Act as there is a compulsory acquisition
of the land whereas the appellants are, more often that not, agriculturists coming from rural background.
The Apex Court has condoned large delays but for equitable grounds, though, has denied interest to the claimants for the period of delay.
Keeping in view the aforesaid factual position as well as taking into account the ground shown in the applications for condonation of delay, the applications are allowed and the delay in filing and re-filing the appeal is condoned with the condition that the appellant shall not be entitled to the interest for the period of delay.
The applications stand disposed of.
LA.APP. 427/2015
Since the present appeal is covered by the decision of the Hon’ble Supreme Court of India in Charan Singh (supra), the present appeal is disposed of in terms of the said decision. The appellant shall, however, not been entitled to the interest for the period of delay.
The appeal stands disposed of.
ASHUTOSH KUMAR, J
JANUARY 19, 2016 ns
2 issues framed by the court
Whether condonation of 1064 days delay in filing an appeal under Section 54 of the Land Acquisition Act is maintainable in the present facts.
Whether interest can be claimed by the appellant for the period of delay in filing the appeal.
Colour shows how this judgement treated each authority
Charan Singh & Others vs. Union of India & AnotherRelied on¶12
Charan Singh & Others vs. Union of India & Another, Civil Appeal Nos. 10982-11033/2014
1 provisions across 1 enactments
SHYAMBIR & ORS
UNION OF INDIA & ANR
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
