STATE OF KERALA Vs. SUKUMARAN NAIR

JUDGEMENT

(1.) This C. M. P is preferred by the State of Kerala for condoning the delay of 1775 days in filing L. A. A. No. 200 of 1996. Appeal was preferred against the judgment in L. A. R. No. 76 of 1986, which relates to acquisition of 36.41 Ares of land in Sy. No. 2995/7 of Irianimuttom Village for the development of Nedumcaud U. P. School. S.3(1) notification was published on 8.7.1980. The award was passed on 9.3.1984. Possession was taken on 20.3.1984. Land Acquisition Officer fixed the land value at Rs. 6,130/- per Are, which was enhanced to Rs. 12,580/- per Are by the Land Acquisition Court. Challenging the said award, the State has preferred the appeal. We may indicate the grounds of appeal:

(2.) The reasons for condoning the delay are stated in the affidavit are as follows:

(3.) On the basis of the above averments of the parties, we may examine the question as to whether the delay of 1775 days in filing the appeal be condoned and whether sufficient reasons are made out for condoning the delay. Before examining the rival contentions of the parties, we may refer to some of the decisions of the Apex Court on the question of condonation of delay. Dealing with S.54 of the Land Acquisition Act, 1894 read with S.96 of the CPC and S.5 of the Limitation Act, the Apex Court in G. Ramegowda v. Special Land Acquisition Officer, Bangalore, AIR 1988 SC 897 held as follows: