RAJABHAU Vs. DIVISIONAL RAILWAY MANAGAR, CENTRAL RAILWAY

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the respective parties.

(2.) The challenge in the present Letters Patent Appeal is to order dated 26.09.2006 passed by the learned Single Judge in Writ Petition No. 603/2006, interalia, upholding the order dated 28.01.1998 passed by the 9th Additional District Judge, Nagpur i.e. the Appellate Authority in Misc. Civil Application No. 559/1996. This application was filed by the Appellant for seeking condonation of delay of 2 years 7 months and 3 days i.e. total 946 days in filing the statutory appeal under Section 9(1) of the Public Premises (Eviction of Unauthorized Occupant) Act, 1971 (in short "the Eviction Act") against the order dated 27.12.1993 passed by the Estate Officer. By order dated 27.12.1993, the Appellant was directed to be evicted from the plot which was allotted to him on licence and called upon to pay accumulated arrears of licence fee amounting to Rs. 7,39,793/- along with interest @ 12% per annum. This order was preceded by the statutory Notice issued to the Appellant under Section 4(1) of the Eviction Act.

(3.) The Appellant has been allotted Plot No. 8 at Great Nag Road, Nagpur on licence for commercial purposes on payment of licence fee by the Respondents-Railways. The contention of the Appellant is that he was never served the with the copy of statutory notice and the order of eviction dated 27.12.1993 and as such he had no knowledge of the same. According to the Appellant he came to know about the same in the year 1996 i.e. three years later. Therefore, there was a delay of 946 days in filing the appeal. The Appellant contended that licence fee was enhanced from Rs. 3,810/- per annum to Rs. 9,110/- per annum from 01.01.1986 and subsequently to Rs. 21,742/- per annum from 01.01.1992 and only after he got knowledge of the statutory notice as well as order of eviction, he rushed to the Court for the filing the statutory appeal. However, since the appeal was time barred, he filed application for condonation of delay bearing Misc. Civil Application No. 559/1996 before the 9th Additional District Judge, Nagpur. Hence, the limited question raised before us is whether the Appellant has proven that there were valid reasons given for condonation of delay in filing the statutory appeal as contemplated under the Eviction Act.