Case Note & Summary
The case involves Civil Applications filed by the State of Maharashtra and its officers (applicants) seeking condonation of a 1590-day delay in instituting appeals against a Judgment and Award dated 4.5.2013 made by the Reference Court, which enhanced compensation awarded to the respondents/claimants in land acquisition matters. The applicants, represented by learned AGP Mr. A.M. Phule, argued that since the applicant is an impersonal agency, the issue of condonation should be considered liberally. However, the court found that the explanation for the delay was vague and did not constitute sufficient cause under Section 5 of the Limitation Act, 1963. The court emphasized that each day's delay must be explained, and the state is not entitled to any special treatment. Consequently, the court dismissed all the Civil Applications, refusing to condone the delay.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The applicants, State of Maharashtra and its officers, sought condonation of 1590 days delay in filing appeals against a land acquisition compensation award. The court held that the explanation for delay was vague and lacked sufficient cause, as the state did not explain each day's delay. The court dismissed the applications, refusing to condone the delay. (Paras 1-4)
Issue of Consideration
Whether the delay of 1590 days in filing appeals against the Reference Court's award enhancing compensation should be condoned under Section 5 of the Limitation Act, 1963.
Final Decision
All Civil Applications are dismissed. The delay of 1590 days is not condoned.
Law Points
- Condonation of delay
- Sufficient cause
- Each day's delay must be explained
- Government as litigant not entitled to special treatment
- Limitation Act 1963 Section 5
Case Details
2018 LawText (BOM) (01) 23
Civil Application No.15424 of 2017 in FAST/39803/2017 with CA/15425/2017 in FAST/39803/2017, CA/15426/2017 in FAST/39834/2017, CA/15427/2017 in FAST/39834/2017, CA/15428/2017 in FAST/39841/2017, CA/15429/2017 in FAST/39841/2017, CA/15430/2017 in FAST/39838/2017, CA/15432/2017 in FAST/39838/2017
State of Maharashtra Through Collector, Dhule; Special Land Acquisition OfficerI, Dhule; Executive Engineer, Medium Irrigation Project, Dhule
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Nature of Litigation
Civil Applications seeking condonation of delay in filing appeals against a land acquisition compensation award.
Remedy Sought
Condonation of 1590 days delay in instituting appeals against the Judgment and Award dated 4.5.2013 of the Reference Court.
Filing Reason
The applicants (State of Maharashtra and officers) were delayed by 1590 days in filing appeals against the enhanced compensation awarded to the respondents/claimants.
Previous Decisions
The Reference Court made an Award dated 4.5.2013 enhancing compensation to the respondents/claimants.
Issues
Whether the delay of 1590 days in filing appeals should be condoned under Section 5 of the Limitation Act, 1963.
Submissions/Arguments
Mr. A.M. Phule, learned AGP for the applicants, submitted that since the applicant is an impersonal agency, the issue of condonation should be considered liberally.
Ratio Decidendi
The explanation for delay was vague and did not constitute sufficient cause under Section 5 of the Limitation Act, 1963. Each day's delay must be explained, and the state is not entitled to any special treatment.
Judgment Excerpts
Heard Mr.A.M.Phule, learned AGP for the applicants in each of these applications.
By these Civil Applications, the applicants are seeking condonation of delay of 1590 days in instituting appeals against the Judgment and Award dated 4.5.2013 made by the Reference Court enhancing the compensation awarded to the respondents/claimants.
Mr.Phule, learned AGP submits that since the applicant is impersonal agency, the issue of condonation may be considered.
Considering the explanation offered, which is quite vague, I am not satisfied that the applicants have made out sufficient cause for condonation of delay of 1590 days. Hence, all these Civil Applications are dismissed.
Procedural History
The Reference Court passed an Award on 4.5.2013 enhancing compensation. The applicants (State of Maharashtra and officers) sought to appeal but were delayed by 1590 days. They filed Civil Applications for condonation of delay under Section 5 of the Limitation Act, 1963. The High Court heard the applications and dismissed them on 4.1.2018.
Acts & Sections
- Limitation Act, 1963: Section 5
