STATE OF U P Vs. DEV RAJ SINGH

JUDGEMENT

(1.) This is a belated appeal directed against the judgment and award dated 17.04.1999 passed by the I Additional District Judge, Bijnor arising out of Land Acquisition Reference No. 121 of 1996, Dev Raj Singh Vs. State of U. P.. Vide judgment and award impugned in this appeal, Additional District Judge, Bijnor has decided nine other references. Stamp Reporter has reported delay and laches of six years and seven days in filing the appeal.

(2.) We have heard learned Standing Counsel on the delay condonation application.

(3.) In the affidavit filed in support of delay condonation application, it has been stated that after receiving the certified copy of the judgment, record was sent to the District Government Counsel (Civil) on 26.05.1999 seeking legal opinion and sanction was also sought from the acquiring body to file appeal vide letter dated 29.05.1999. It is further stated that the Executive Engineer, Poorvi Ganga Nahar Nirman Khand-5, Najibabad, Bijnor, acquiring body, granted his consent for filing appeal and also recommended to the District Magistrate, Bijnor to obtain sanction from the State Government. Vide letter dated 09.09.1999 State Government granted permission to file appeal on 19.11.1999 which was received in the office of the District Magistrate on 25.11.1999. District Magistrate immediately thereafter vide his letter dated 01.12.1999 requested the acquiring body i. e. Poorvi Ganga Nahar Nirman Khand-5, Najibabad, Bijnor to sanction requisite court fees and misc. expenses for filing appeal. The Cheque of the amount required for filing the appeal is stated to have been issued on 24.11.2001.