F. LIANSANGA Vs. UNION OF INDIA

JUDGEMENT

(1.) These Special Leave Petitions, filed by the Petitioners are against the impugned judgment and order dtd. 14/5/2018 passed by the Gauhati High Court allowing the Civil Revisional Petition being CRP No. 12 of 2011 and setting aside an order dtd. 25/10/2011 passed by the Court of the Senior Civil Judge, Aizawl in CM. Application No. 104/2011 whereby the Court of Senior Civil Judge had condoned the delay of 322 days in filing Money Suit No.60/2011.

(2.) The short question in this Special Leave Petition is, whether the Court can condone the delay in filing a money suit seeking compensation for stones extracted by the concerned Respondents, from the land of the Petitioners, for the construction of a public road.

(3.) The Petitioner No.1, a resident of the State of Mizoram, belonging to a Scheduled Tribe, was alloted land bearing Village Council Pass No. 120 of 1981, which was later converted into Periodic Patta. Similarly, the Petitioner No. 2, also a resident of Mizoram belonging to the Scheduled Tribe was alloted land bearing Garden Pass No. 170 of 1980. Both the passes were renewed from time to time and are according to the Petitioners, subsisting till date.