STATE OF U P Vs. FAZAL ILAHI

JUDGEMENT

(1.) Heard the learned state counsel for the appellant on the delay condonation application.

(2.) By this application, condonation of 6 years and 23 days delay in filing the appeal against the judgment and award dated 14.11.1991 passed by the Special Additional District Judge, Saharanpur in Review Application No.23 of 1988, has been sought.

(3.) In the affidavit supporting the application, it has been stated that certified copy of the judgment and decree dated 14.11.1991 was received in the office of the Special Land Acquisition Officer (Joint Organisation) Saharanpur (the deponent of the affidavit), on 01.01.1992, thereafter, legal opinion of the District Government Counsel (Civil) was sought, which was received on 1.1.1992. Thereafter, on 10.2.1992, the matter was referred to the State Government for granting sanction to file appeal. After series of reminders, vide Government Order dated 14.09.1993, the State Government granted sanction to file the appeal. The department then, vide letter dated 24.12.1993, sought sanction for release of funds to meet the expenses/court fee in filing the appeal which, unfortunately, could not be disposed of in spite of several reminders between 23.12.1993 and 27.5.1995. The Government, thereafter, enquired about the court fee through its letter dated 03.01.1996 and again several reminders were sent, the last amongst them was sent on 12.8.1996, however, on 14.8.1996, the office was able to convince the Govt. about the court fee. The matter was, thereafter, referred to the finance department, on 05.11.1996, for sanction and, ultimately, the sanction was obtained and funds were received sometime in December, 1997 and, thereafter, an official was deputed for getting the appeal prepared.