BALWANT Vs. UNION OF INDIA

JUDGEMENT

(1.) CM Nos. 2277/2013 (condonation of delay of 2215 days in filing the appeal) in LA Appeal No. 29/2013 and 2280/2013 (condonation of delay of 1585 days in filing the appeal) in LA No. 30/2013 CM No. 2277/2013 has been filed in LA Appeal No. 29/2013 for condonation of delay of 221 days, whereas CM No. 2280/2013 has been filed in LA Appeal No. 30/2013 for condonation of delay of 2280/2013 in filing the said appeals. The reasons given in CM No. 2277/2013 for condonation of delay read as under:

(2.) In Land Acquisition Appeal No.92/2013, delay of 736 days in filing the appeal on the ground that the appellant was not aware of his legal right to file an appeal was condoned subject to the condition that the appellant shall not be entitled to interest for the aforesaid period. In Land Acquisition Appeal No. 19/2013, the delay of 2203 days in filing the appeal was condoned on the similar ground and subject to similar condition. On the other hand in Land Acquisition Appeals No. 25/2012 to 27/2012, the application of the appellant for condonation of delay on the ground that they were not aware of their right to file the appeal against the impugned order, they being illiterate persons, was rejected by this Court noticing that they were duly represented by their counsel before the Reference Court. This Court rejected the contention of the appellant in that case that they had come to know from the other villagers about their filing of appeals against the impugned order and only then they contacted their counsel who drafted the appeal filed on their behalf. In Land Acquisition Appeal No. 617/2011, this Court rejected the application seeking condonation of delay of more than five years on the ground that the appellant being a poor person residing in village could not contact his counsel.

(3.) In Balwant Singh v. Jagdish Singh, 2010 8 SCC 685, Supreme Court, inter alia, held as under:-