UNION OF INDIA Vs. MANGAT

JUDGEMENT

(1.) This is land acquisition Regular First Appeal filed by the Union of India against the order of the District Judge. The Land Acquisition Collector had awarded Rs. 4,000.00 per bigha. The district Judge raised it to Rs. 12,000.00 per bigha. The contention in the appeal is that the enhancement should not have been beyond Rs. 7,000.00. The award was made by the Collector in this case on 13-11-1981. Another question raised in the appeal is whether the additional benefits under section 2(1) (after the amendment) can be given in the Award prior to the amendment. On the second question large number of appeals were filed in the Supreme Court. They are already heard and the judgment is awaited.

(2.) There is delay of eighty days in filing the appeal. The averments in the application for condonation of delay under Sec. 5 of the Limitation Act read with Sec. 151, Code of Civil Procedure are :

(3.) We are not satisfied with the creptic and routine explanation viz, that the Department took time to 'furnish the relevant documents' and to arrange for the court-fees'. We have decided to write a reasoned judgment in this matter because this is not an isolated case as hundreds of such appeals are being filed in this court in which invariably there is a delay in filing the appeals. There is hardly any satisfactory explanation furnished, nor any particulars in regard to the dates and stages of consideration are mentioned in the applications under Sec. 5 of the Limitation Act.