Director, Interim Test Range,Chandipur v. Mamata Sahani
Case brief
What is this about?
Condonation of delay; acceptance of belated/deficit court fee; section 149 read with section 151 CPC; court fee Rs.5223/- deposited via e-Court Fee on 15.05.2024 about five years after appeal presented on 27.09.2019; ground of insufficient government funds during pandemic rejected; reliance on Division Bench judgment AIR 1994 Ori 90 (Land Acquisition Officer-cum-Collector, Kalahandi v. Sambaru Bariha); I.A. No.222 of 2024 rejected; Land Acquisition Appeal LAA No.70 of 2019 dismissed consequentially; compensation Rs.30,000/- per decimal enhanced to Rs.35,351/- per decimal by referral Court; L.A. Case No.415 of 2012; L.A. No.418 of 2012 (245-2014); High Court of Orissa at Cuttack; Justice Sanjay Kumar Mishra; order dated 03.09.2024.
What did the court decide?
In view of the Division Bench judgment reported at AIR 1994 Ori 90 (Land Acquisition Officer-cum-Collector, Kalahandi v. Sambaru Bariha), since there is an inordinate delay in depositing the court fee and the delay has not been properly explained by the Appellant-Union of India, the I.A. for acceptance of court fee paid belatedly stands rejected.