SPECIAL LAND ACQUISITION OFFICER Vs. LAXMAN HADDU GOUDA

JUDGEMENT

(1.) This is an Appeal by the Special Land Acquisition Officer, Sea Bird, Naval Base Project, Karwar, under Section 54 of the Land Acquisition Act, 1894, though described in the memorandum of appeal as an appeal under the provisions of Motor Vehicles Act, which only demonstrates the utter carelessness and lack of diligence on the part of the Land Acquisition Officer in preferring this Appeal and equally so the carelessness of the Government Advocate who had prepared and presented the appeal. The appeal is replete with serious defects which the registry of this Court had pointed out on presentation of the appeal.

(2.) The registry has noticed that the Appeal is hopelessly out of time with delay a of 947 days and the appeal is not accompanied with any application for condonation of delay. Though the registry has indicated that such an application under Section 5 of the Limitation Act has to be filed, and it is for non compliance of such defect pointed out by the registry, the appeal is listed before the Court. Sri. C.S. Patil, learned Additional Government Advocate seeks some accommodation and submits that an application seeking condonation of delay under Section 5 was filed on 10.03.2010 before the registry, but it is conspicuously absent in the records before us. We cannot find fault with the registry for having not put up such an application along with records, as if the manner of presentation of the appeal is any indication, we are not sure of the proper presentation of the application either.

(3.) We also find that though the Appellant is aware that the matter pertains to Division Bench of this Court and papers should be presented in two sets, the second set presented is an apology for another set, which otherwise should be like the first set in all respects, except the certified copy of the judgment appealed and vakalath.