STATE OF U.P. Vs. SMT. SHIV RANI

JUDGEMENT

(1.) Heard learned Standing counsel for the applicant-appellant and perused the record.

(2.) This is an application seeking condonation of delay in filing appeal which is reported to have been filed with a delay of one year and 23 days. The appeal filed under section 54 of Land Acquisition Act, 1894 (hereinafter referred to as 'Act 1894') is barred by limitation and has been directed against judgment and order dated 29.3.2008 passed by District Judge, Lakhimpur Kheri in Land Acquisition Case No. 2 of 2006.

(3.) It is stated in the affidavit filed in support of this application seeking condonation of delay filed under section 5 of Limitation Act, 1963 (hereinafter referred to as Act, 1963) sought to explain delay on the ground of lethargic correspondence and it also shows that the judgment of the court below was passed in the presence of both the counsels on 29.3.2008 still it is claimed that the knowledge of the judgment however, was received by the applicant-appellant on 18.7.2008, when claimant-respondent filed application for execution of judgment. Again in para 4 of the affidavit, it is said that on 29.3.2008, copy of judgment was sent to District Government Counsel, Shahjahanpur for legal opinion and same was rendered by him on 28.9.2008. It was received in the office of respondent no. 3 on 3.10.2008. Thereafter, they took almost nine months in filing this appeal. The explanation is very sketchy and it cannot be said that such a huge delay in filing the said appeal has been satisfactorily explained.