LAWS(ALL)-1991-3-25

STATE OF UTTAR PRADESH Vs. PHOTA AND

Decided On March 07, 1991
STATE OF UTTAR PRADESH Appellant
V/S
PHOTA Respondents

JUDGEMENT

(1.) These four appeals have been filed by the State of U.P. u/ S. 54 of the Land Acquisition Act read with S.96, C. P. C.

(2.) All these appeals are against a common judgment of the court below by which four references u/S. 18, Land Acquisition Act, which had been consolidated, were disposed of raising the compensation for the acquired land to Rs. 30.00 per sq. yard.

(3.) The appeals were filed beyond the period of limitation along with requisite application u/S. 5 Limitation Act seeking condonation of delay. All these appeals are beyond time by more than 240 days. These are not the solitary cases where an appeal by the State Government has been filed with such long delay. In fact, if the experience we have had in this regard lately is any index, it would be an exception if an appeal is filed by the State within limitation for, as a rule, most of the appeals are accompanied by applications u/S. 5. So is the case with many of the public or local bodies.