STATE OF U P Vs. DHARAM PAL SINGH

JUDGEMENT

(1.) All these appeals are directed against common judgment award and decree dated 14.5.1992 passed by IX A.D.J. Ghaziabad in 14 L.A. Reference i.e. L.A. Reference nos. 3 to 16 all of 1999. Through the impugned judgment compensation for the acquired land as offered by Special Land Acquisition Officer (S.L.A.O.) has been enhanced to Rs.30000/- per bigha. All these cases are belated by about 200 days (ranging from 197 days to 217 days depending upon the date on which certified copy of the impugned judgement was applied for and obtained). Identical grounds for condonation of delay have been taken in each which are to the following effect.

(2.) Copy of the impugned judgment along with opinion of D.G.C. was sent to the acquiring body on 18.7.1992 who gave its consent for filing appeal exactly after two months i.e. on 16.9.1992, thereafter D.M. Ghaziabad took two months more in sending letter to the Joint Secretary U.P.; Government letter was sent on 17.11.1992 (para 6) Revenue department through letter dated 14.1.1993 raised certain objections and S.L.A.O. received the said letter on 2.2.1993 reply was sent on 4.2.1993 (para 7). Copies of the letter dated 14.1.1993 and reply of 4.2.1993 have not been annexed.

(3.) Government granted permission to file appeal on 19.3.1993 thereafter on 29.3.1993 letter was sent to the Acquiring body for arranging the amount of Court fees and necessary expenses which was made available on 17.4.1993 to Collector Ghaziabad. Thereafter, Amin and Naib Tehsildar were sent to Allahabad High court for filing appeal. They reached the office of Chief Standing Counsel on 21.4.1993 and were told that the strike of Class IV employees of the High Court had started which was indefinite accordingly they returned (para 10). Thereafter, in para 11 it is stated that the deponent of the affidavit Smt. Neelam Alawat A.D.M., L.A., Ghaziabad came to Allahabad on 28.4.1993 and knew that strike was over. Thereafter she instructed the Amin and Naib Tehsildar who thereafter came to Allahabad on 3.5.1993. Appeal was filed on 19.5.1993. If strike of High Court employees was going on appeal could very well be got prepared. Moreover even during strike of employees of High Court appeals were filed before the Registrar.