STATE OF U P Vs. SHIV RAJ SHARMA

JUDGEMENT

(1.) This appeal has been preferred under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") assailing the judgment and decree dated 8.3.1995 passed by District Judge, Bulandshahar in Land Acquisition Reference No. 190 of 1987. It has been filed with delay of 312 days and hence this application under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963") seeking condonation of delay in filing the appeal. The explanation is general correspondence for permission. It is however, stated that the judgment was delivered on 8.3.1995 but certified copy was applied on 5.4.1995, i.e. after almost a month. The certified copy was ready on 4.5.1995 and received by District Government Counsel on the same day. The intimation was also given to applicant-appellant's office on the same day, i.e., 4.5.1995, but thereafter a letter was sent to State Government on 30.6.1995 seeking instructions. Reminders were also sent and the contest order was issued by State Government on 25.8.1995 but still this appeal has been preferred on 28.7.1996. Therefore, there is virtually no explanation for the last eleven months when State Government accorded the permission to file the appeal.

(2.) Having gone through the above explanation, I find the same to be totally sketchy and superficial and, in my view, there is virtually no explanation as to why the matter was not taken up with due earnest and reasonable expediency.

(3.) It is true that when State is a party, and file appeal with some delay, it may deserve some leverage for official hierarchical steps for permission etc. but a wholly unexplained, reckless and negligent approach of delay cannot be overlooked particularly when it is not the case of applicants that they have taken any action against erring individual.