SPECIAL LAND ACQUISITION OFFICER Vs. GHAMAJI MADHAJI

JUDGEMENT

(1.) These eight Civil Applications have been moved in eight First Appeals seeking condonation of delay for a period of 216 days.

(2.) The award was passed on 19/03/1998 and the applicants applied for the certified copy of the award of Reference Court on 24/08/1998, i.e. much after the expiry of the period of limitation. In other words, by the time the application for certified copy was filed, the limitation had already expired. Not only that, even when the certified copy had been made ready on 25th August 1998 and it was also obtained on the same date, the appeals were filed on 21/01/1999. The delay is sought to be explained on the ground that the matter remained under consideration before different officers during this time. No explanation whatsoever has been given as to why the certified copy was not applied for during the period of limitation.

(3.) The matter does not end here. While the time-barred appeals were filed on 21/01/1999, the Civil Applications seeking the condonation of delay were not filed at that time, but they were filed in April/July 1999, i.e. much after the filing of the appeals. For this lapse also, no explanation whatsoever has been given. It has been stated in para 2 of the Civil Application that office had raised the objection that there was a delay of 216 days. The fact that appeals are time barred is very well known to the appellants at the time of filing the appeals and therefore, there is no question of waiting for the objection of limitation to be pointed out by the Registry. The application for condonation of delay must invariably accompany the time barred appeal.