H K KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act read with Section 151 of the Code of Civil Procedure, filed by the petitioner praying for condonation of delay in filing the review application (Review Application No. 134/2005) wherein the petitioner has prayed for reviewing the order of the Division Bench dated 14th December, 2004 passed in Civil Writ Petition No. 1470/1986 vide which the writ petition of the petitioner was dismissed.

(2.) The order of the Division Bench was passed on 14th December, 2004. The applicant submitted his application for obtaining certified copy of the order on 6th January, 2005 which was ready on 17th January, 2005, but delivery thereof was given on 18th January, 2005, while the present review application was filed in the Registry of this court for the first time on 16th April, 2005. In the application for condonation of delay, no reasons have been given as to why the application was not filed immediately thereafter. The only excuse put forward by the applicant is that he was proposing to file a Special Leave Petition when he was advised to file a review, because in some other cases wherein Section 5A objections (under the Land Acquisition Act) had been filed, the matter had been referred to a Third Judge of this court. This is hardly any ground for condoning the delay. Even if we give the benefit to the applicant of not explaining each day's delay, still there should be some plausible and reasonable cause for condoning the delay. No details have been furnished in the application to indicate what the Petitioner/Applicant was doing during the interregnum period and in any case after 18th January, 2005, when he had admittedly received the certified copy of the order dated 14th December, 2004.

(3.) In our view, the applicant has failed to show any cause, much less a reasonable cause, on the basis of which the application of the applicant under Section 5 could be allowed. Consequently, we would dismiss this application. RP No. 134/2005 in WP(C) No. 1470/1986 1. In face of our above order, the application for review hardly survives for consideration. Still we would proceed to discuss the merit or otherwise of this application. 2. The only ground taken in the application is in paragraphs 4 and 5 of the said application which reads as under:- 3. That the above petition came up for final disposal on 14.12.2004 alongwith other writ petitions before this Hon'ble Court when the same was dismissed by the Hon'ble Court with the other listed Writ Petitions. It is pertinent to mention here that the petitioner realized a mistake of fact occurred in para 6 wherein it was erroneously state that ¢ ¢â ¬ …â though some land owners within the revenue estate of Village, wherein the land of the Petitioner is situated, filed objections under Section 5- A of the Act, the Petitioner did not choose to file the said objections. ¢ ¢â ¬ It would in the interest of justice to point out here that the Petitioner himself filed his 5-A Objection with regard to the land in question and inadvertently at the time of filing of the above said Writ Petition this fact could not be highlighted which culminated into dismissal of Writ Petition. It is respectfully submitted here that the Petitioner has filed the objection under section 5-A of the Land Acquisition Act, whose name is figured out at Serial Nos. 84 of the list of objectors. ¢ ¢â ¬