Case Note & Summary
The appellants, claimants in a land acquisition reference, filed an appeal under Section 54(1) of the Land Acquisition Act, 1894, challenging the judgment and award dated 23.12.2016 passed by the XXIII Additional City Civil & Sessions Judge, Bangalore, in LAC No.68/2003. The Reference Court had enhanced the compensation from Rs.3,40,000/- per acre awarded by the Land Acquisition Officer to Rs.6,00,000/- per acre, along with statutory benefits. The appellants sought further enhancement of compensation. However, the appeal was filed on 16.10.2017, i.e., after a delay of 3860 days (over 10 years and 8 months) from the date of the impugned judgment. An application under Section 5 of the Limitation Act, 1963 (I.A.1/17) was filed seeking condonation of this inordinate delay. The only explanation offered was that the appellants' mother was unwell and subsequently passed away on 26.07.2013. The High Court, per Justice S.N. Satyanarayana, found that the reasons stated were insufficient to justify such a long delay. The court observed that the mother's illness and death could not account for the entire period of delay, especially since the death occurred in 2013, yet the appeal was filed only in 2017. Consequently, the court dismissed the application for condonation of delay and, consequently, the appeal itself, as it was barred by limitation.
Headnote
A) Limitation Act - Condonation of Delay - Sufficient Cause - Appellants sought condonation of 3860 days delay in filing appeal against award in land acquisition reference - Grounds of mother's illness and death held insufficient to explain such inordinate delay - Held that delay cannot be condoned as no sufficient cause shown (Paras 2-4).
Issue of Consideration
Whether the inordinate delay of 3860 days in filing the appeal should be condoned on the grounds of the appellants' mother's illness and death.
Final Decision
The application for condonation of delay (I.A.1/17) is dismissed. Consequently, the appeal (M.F.A.No.7958/2017) is dismissed as barred by limitation.
Law Points
- Condonation of delay
- Sufficient cause
- Inordinate delay
- Limitation Act
- Section 5
- Land Acquisition Act
- Section 18 reference
- Enhancement of compensation
Case Details
2018 LawText (KAR) (07) 64
Sri Nanjunda Reddy, Smt Radhamma, Sri Venkatesh, Smt Swetha
The Land Acquisition Officer, Bangalore Development Authority
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Nature of Litigation
Appeal against judgment and award in land acquisition reference seeking enhancement of compensation.
Remedy Sought
Appellants sought condonation of delay of 3860 days in filing the appeal and enhancement of compensation.
Filing Reason
Appellants were dissatisfied with the compensation awarded by the Reference Court and sought further enhancement.
Previous Decisions
The Land Acquisition Officer awarded Rs.3,40,000/- per acre; the Reference Court enhanced it to Rs.6,00,000/- per acre with statutory benefits.
Issues
Whether the delay of 3860 days in filing the appeal should be condoned.
Submissions/Arguments
Appellants argued that the delay was due to their mother's illness and subsequent death on 26.07.2013.
Ratio Decidendi
The reasons stated for the delay of 3860 days, i.e., mother's illness and death, are not sufficient to constitute 'sufficient cause' under Section 5 of the Limitation Act, 1963, especially when the death occurred in 2013 and the appeal was filed in 2017. Inordinate delay cannot be condoned on such vague grounds.
Judgment Excerpts
The said judgment and award is sought to be challenged in this appeal filed on 16.10.2017, which is after 10 years 8 months from the date of judgment impugned.
Hence, the application in I.A.1/17 is filed seeking condonation of delay of 3860 days in filing the appeal, wherein the reasons stated are that the appellants mother was not well and she passed away on 26.07.2013.
Procedural History
The Land Acquisition Officer passed an award determining compensation at Rs.3,40,000/- per acre. The claimants sought reference under Section 18 of the Land Acquisition Act, which was allowed by the Reference Court (XXIII Addl. City Civil & Sessions Judge, Bangalore) vide judgment dated 23.12.2016, enhancing compensation to Rs.6,00,000/- per acre. The claimants filed this appeal on 16.10.2017, along with an application for condonation of delay of 3860 days.
Acts & Sections
- Land Acquisition Act, 1894: Section 54(1)
- Limitation Act, 1963: Section 5
