LAWS(SC)-1999-12-137

SHIVSHARANAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On December 10, 1999
SHIVSHARANAPPA Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Leave granted.

(2.) In an appeal filed by this Appellant in challenge of an award passed by the reference Court under the Land Acquisition act the High Court rejected the appeal as the High Court was not satisfied with the explanation for the delay of 683 days in filing that appeal. The grievance of the appellants now is two-fold: One is that the Counsel for the appellants was not heard by the High court due to fortuitous circumstances; second is that for similar delay the High court accepted the explanation offered in a similar appeal, though the High court then had the advantage of hearing arguments of the Counsel for the appellants therein.

(3.) We are not now considering whether the explanation offered for the delay of 683 days was acceptable or not. We feel that one more opportunity can be granted to the Counsel for the Appellants to address his arguments for satisfying the High Court that the seemingly long delay was occasioned on account of justifiable causes. We, therefore, set aside the impugned order and remit the matter to the High court for disposal afresh. Appeals are disposed of accordingly.