Case Note & Summary
The Special Land Acquisition Officer (Narmada Yojana Unit 1) and another applicant filed a Civil Application under Section 5 of the Limitation Act seeking condonation of a 648-day delay in filing a first appeal against a judgment and award dated 09.11.2023 passed by the learned Principal Senior Civil Judge and Special Judge (L.A.Q), Narmada Yojna, Ahmedabad (Rural), Mirzapur, in L.A.R Case No. 436 of 2012. The Reference Court had awarded compensation at Rs.75.27 per sq.mtr. The applicants, represented by learned AGP Mr. Parth Patel, argued that the delay occurred due to administrative procedures. The Court examined the grounds stated in the application, which merely mentioned that after the award on 09.11.2023, an application for certified copy was made on 22.11.2023, and the copy was received on 04.12.2023, but no further explanation was given for the remaining delay. The Court noted that the application lacked a day-to-day explanation and that the grounds were vague. Relying on the principle that 'sufficient cause' must be properly explained, the Court found no merit in the application and dismissed it, thereby refusing to condone the delay.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The applicant-State sought condonation of 648 days delay in filing appeal against land acquisition award, citing administrative procedures as cause. The Court held that mere reference to administrative procedures without explaining each day's delay does not constitute sufficient cause, and the application was dismissed. (Paras 1-4)
Issue of Consideration
Whether the delay of 648 days in filing the first appeal against the land acquisition award should be condoned on the ground of administrative procedures.
Final Decision
The application is dismissed. The delay of 648 days is not condoned.
Law Points
- Condonation of delay
- Sufficient cause
- Inordinate delay
- Administrative delay
- Limitation Act
- Section 5
