Case Note & Summary
The appellant, Smt. Anusaya Kanbarao Manikwad, filed an appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and order dated 22/11/2007 passed by the Civil Judge, Senior Division, Pusad in LAC No.372/2002. The appeal was accompanied by a civil application seeking condonation of 4407 days delay. The appellant's land admeasuring 0.81 HR of Survey No.19 at Village Kurali was acquired for the Amdapur Project. A notification under Section 4(1) was issued on 21/08/1997, and the award under Section 11 was passed on 27/11/2000 granting compensation of Rs.20,000 per hectare. The appellant accepted compensation under protest and filed a Reference under Section 18 on 15/03/2001 claiming additional compensation. The Reference Court partly allowed the claim on 22/11/2007, awarding Rs.35,000 per hectare. Aggrieved, the appellant filed the present appeal with a delay of 4407 days. The Court found the explanation for the delay unsatisfactory and dismissed the delay condonation application and the appeal.
Headnote
A) Limitation Act - Delay Condonation - Sufficient Cause - Section 5 of Limitation Act, 1963 - The appellant sought condonation of 4407 days delay in filing an appeal under Section 54 of the Land Acquisition Act, 1894. The Court held that the explanation for the delay was not satisfactory and the delay was inordinate, leading to dismissal of the delay condonation application and the appeal. (Paras 4-7)
Issue of Consideration
Whether the delay of 4407 days in filing the appeal should be condoned on the grounds of sufficient cause.
Final Decision
The Court dismissed the civil application for condonation of delay and consequently dismissed the appeal.
Law Points
- Delay condonation
- Sufficient cause
- Inordinate delay
- Land acquisition appeal
Case Details
2022 LawText (BOM) (11) 94
First Appeal St. No.2525 of 2022 with Civil Application (F) No. 1785 of 2022
Shri V. N. Patre for appellant, Shri M. A. Kadu for respondent No.2
Smt. Anusaya Kanbarao Manikwad
The State of Maharashtra, The Executive Engineer, Minor Irrigation Division, Pusad, The Special Land Acquisition Officer, Lower Pus Project, Pusad
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Nature of Litigation
Appeal under Section 54 of the Land Acquisition Act, 1894 challenging the judgment and award of the Reference Court in a land acquisition compensation matter.
Remedy Sought
The appellant sought enhancement of compensation for acquired land and condonation of 4407 days delay in filing the appeal.
Filing Reason
Dissatisfaction with the compensation awarded by the Reference Court.
Previous Decisions
The Reference Court partly allowed the claim and awarded compensation of Rs.35,000 per hectare on 22/11/2007.
Issues
Whether the delay of 4407 days in filing the appeal should be condoned.
Submissions/Arguments
The appellant submitted that the land was acquired, compensation was inadequate, and the Reference Court awarded only Rs.35,000 per hectare, which was insufficient.
Ratio Decidendi
The delay of 4407 days was inordinate and the explanation provided by the appellant was not satisfactory, hence the delay could not be condoned.
Judgment Excerpts
There is delay of 4407 days in filing this appeal which is also sought to be condoned by a civil application made in this behalf.
The Court found the explanation for the delay unsatisfactory and dismissed the delay condonation application and the appeal.
Procedural History
The appellant's land was acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer passed an award on 27/11/2000 granting compensation of Rs.20,000 per hectare. The appellant accepted compensation under protest and filed a Reference under Section 18 on 15/03/2001. The Reference Court partly allowed the claim on 22/11/2007, awarding Rs.35,000 per hectare. The appellant filed the present appeal on an unspecified date with a delay of 4407 days, along with a civil application for condonation of delay.
Acts & Sections
- Land Acquisition Act, 1894: Section 4(1), Section 11, Section 12(2), Section 18, Section 54
- Code of Civil Procedure, 1908: Section 96
- Limitation Act, 1963: Section 5
