VENKABEDDY PARASAREDDY ALAWANDI Vs. SECRETARY REVENUE DEPARTMENT VTOHANA

JUDGEMENT

(1.) THE petitioners in these writ petitions filed applications under Section 28-A of the Land Acquisition Act, 1894 (for short 'la Act'), for re-determination of the amount of compensation on the basis of the award passed by the learned Civil Judge in LAC Nos. 65 and 66 of 1985, dated 17-3-1988 before the Assistant Commissioner, Savanur Sub-Divi-sion, Savanur, who has been appointed as Deputy Commissioner under section 3 (c) of the Act. The said applications were rejected by the Assistant Commissioner by his order dated 3-5-1990 as belated as the reasons assigned for condoning the delay are not satisfactory. These orders are called in question by the petitioners in these writ petitions.

(2.) SRI Katarki, learned Counsel for the petitioners contended that the assistant Commissioner was not right in recording the finding that the reasons assigned by the petitioners are not satisfactory without considering the reasons assigned for the delay in filing the applications as the said reasons constitute sufficient cause for condonation of delay under section 5 of the Limitation Act.

(3.) IN reply to the said submission Sri R. K. Hatti, learned Government pleader, submits that the LA Act, is a special law and any application to be filed shall be within the period of limitation as provided under the act, and further submitted that Section 5 of the Limitation Act has no application for condonation of delay in entertaining the applications filed under Section 28-A of the Act. It is further submitted that the applications filed by the petitioners in these two cases are admittedly barred by time and therefore the Assistant Commissioner was right in rejecting the applications of the petitioners on the ground of delay.