UNION OF INDIA Vs. ISHWAR SINGH

JUDGEMENT

(1.) THIS application has been filed by the appellant under Order 41 rule 3A and Section 151 of the CPC and section 5 of Limitation Act seeking condonation of delay of 171 days in filing the present appeal against the judgment dated 3.05.2010 passed by the learned Additional District Judge in LAC no. 25 A/08 whereby the amount of compensation awarded by the Land Acquisition Collector @ Rs 15,70,000/- per acre in respect of acquired land of the respondent was enhanced to Rs.19,13,765/- per acre.

(2.) THE reasons for condonation of delay pleaded in this application are reproduced below:

(3.) I have gone through all the judgments cited by Mr. Sanjay Poddar. The crux of all these judgments of the Supreme Court as well as this Court is that the fact that it is the Government which is seeking condonation of delay and not a private party is totally irrelevant factor when the Courts are disposing of such like applications for condonation of delay. The law of limitation is the same for a private citizen as well as for Government authorities. It has been held that where no gross negligence or deliberate inaction or lack of bona fides is imputable to the party seeking condonation of delay then the delay should generally be condoned. In the present case, the appellant itself has averred in the application that the Land Acquisition Collector had received the file from the legal department of the Government with the approval to file an appeal against the judgment of the trial Court in June, 2010 and thereafter the Naib Tehsildar was directed to get the appeal filed within time. The appeal was, however, filed on 25th January, 2011 and there is no explanation whatsoever for the inaction during the period from June, 2010 to 25th January, 2011. In the absence of any explanation in that regard, it cannot be said that there was a sufficient cause for the appellant for not preferring the appeal within the period of limitation and that makes it a case of gross negligence and, therefore, the delay in filing of the present appeal cannot be condoned just for the reason that Courts have been holding that applications for condonation of delay should be dealt with liberally, as was the contention of the learned counsel for the appellant.