Case Note & Summary
The appellants, claimants in LAC No.68/2003, 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. The Reference Court had enhanced the compensation from Rs.3,40,000/- determined by the Land Acquisition Officer (LAO) to Rs.6,00,000/- per acre, along with statutory benefits. The appeal was filed on 16.10.2017, which was 10 years 8 months after the impugned judgment, resulting in a delay of 3860 days. The appellants filed I.A.1/17 seeking condonation of delay, stating that their mother was not well and passed away on 26.07.2013. The High Court, per Justice S.N. Satyanarayana, examined whether the appellants had shown sufficient cause for the delay. The court noted that the mother's death occurred in 2013, but the appeal was filed in 2017, and no explanation was provided for the period after her death. The court held that the reasons stated were not sufficient to condone such an inordinate delay. Consequently, the application for condonation of delay was dismissed, and the appeal was also dismissed as barred by limitation.
Headnote
A) Limitation Act - Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - The appellants sought condonation of 3860 days delay in filing appeal against Reference Court's award enhancing compensation, citing mother's illness and death. The High Court held that the reasons stated were not sufficient to explain the inordinate delay, as the mother's death occurred in 2013 but the appeal was filed in 2017, and no explanation was given for the period after her death. The court dismissed the application for condonation of delay and consequently the appeal. (Paras 1-5)
Issue of Consideration
Whether the appellants have shown sufficient cause for condonation of delay of 3860 days in filing the appeal against the judgment and award of the Reference Court in a land acquisition compensation matter.
Final Decision
The application for condonation of delay (I.A.1/17) is dismissed. Consequently, the appeal (M.F.A.No.7958/2017) is also dismissed as barred by limitation.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation Act
- 1963
- Section 5
- Land Acquisition Act
- 1894
- Section 18
- Section 54
Case Details
2018 LawText (KAR) (07) 65
Sri Nanjunda Reddy, Smt Radhamma, Sri Venkatesh, Smt Swetha
The Land Acquisition Officer, Bangalore Development Authority
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against judgment and award of Reference Court in land acquisition compensation reference under Section 18 of Land Acquisition Act, 1894.
Remedy Sought
Appellants sought enhancement of compensation awarded by the Reference Court.
Filing Reason
Appellants were dissatisfied with the compensation awarded by the Reference Court and filed an appeal after a delay of 3860 days.
Previous Decisions
The Land Acquisition Officer determined compensation at Rs.3,40,000/- per acre. The Reference Court enhanced it to Rs.6,00,000/- per acre with statutory benefits.
Issues
Whether the appellants have shown sufficient cause for condonation of delay of 3860 days in filing the appeal.
Submissions/Arguments
Appellants argued that the delay was due to their mother's illness and subsequent death on 26.07.2013.
Ratio Decidendi
The court held that the reasons stated by the appellants for the delay of 3860 days were not sufficient to constitute 'sufficient cause' under Section 5 of the Limitation Act, 1963. The mother's death in 2013 did not explain the delay after her death until 2017, and no explanation was given for the period prior to 2013. Therefore, the delay could not be condoned.
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, 1894, which was allowed by the Reference Court (XXIII Addl. City Civil & Sessions Judge, Bangalore) vide judgment and award dated 23.12.2016, enhancing compensation to Rs.6,00,000/- per acre with statutory benefits. The claimants filed an appeal on 16.10.2017, which was delayed by 3860 days. They filed I.A.1/17 for condonation of delay. The High Court dismissed both the application and the appeal on 06.07.2018.
Acts & Sections
- Land Acquisition Act, 1894: Section 18, Section 54(1)
- Limitation Act, 1963: Section 5
