Case Note & Summary
The present civil application was filed by the Special Land Acquisition Officer, Unit 1 and another under Section 5 of the Limitation Act seeking condonation of a delay of 2014 days in filing the first appeal. The appeal challenged the judgment dated 13.12.2019 and award dated 23.12.2019 passed by the learned Principal Senior Civil Judge, Vijapur, District Mehsana, in Land Acquisition Reference Case No.18 of 2012 arising out of Land Acquisition Case No.31 of 2012, whereby the Reference Court awarded compensation at the rate of ₹228 per square metre for irrigated agricultural land along with all statutory benefits. The learned AGP Ms. Himani Shah appeared for the applicants and reiterated the reasons stated in the application in tabular form, which detailed the chronology of events from the date of the award to the filing of the application. The court noted that the present application was part of a group of civil applications decided by this Court on 19.01.2026 and passed the same order. The court found that the delay of 2014 days was inordinate and the reasons provided did not constitute sufficient cause under Section 5 of the Limitation Act. Consequently, the application was dismissed.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - Delay of 2014 days in filing first appeal against land acquisition compensation award - Government applicant failed to provide sufficient cause for inordinate delay - Application dismissed (Paras 1-4).
Issue of Consideration
Whether the delay of 2014 days in filing the first appeal against the judgment and award of the Reference Court should be condoned under Section 5 of the Limitation Act.
Final Decision
The application is dismissed. The delay of 2014 days is not condoned.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation Act
- Section 5
- Land acquisition compensation
- Government delay
