DISTRICT COLLECTOR Vs. TRIVEDI CHOURASIYA

JUDGEMENT

(1.) Heard on I.A.No. 5988/11, an application for condonation of delay. This appeal is barred by 317 days.

(2.) As per facts mentioned in the application the reference Court passed order on 9.9.2010 by which amount of compensation has been enhanced from Rs. 5,69,383/- per hectare to Rs. 25,53,191/- per hectare. It is not in dispute that Executive Engineer of Public Works Department was OIC before the reference Court. After passing of the order he for the first time on 13.7.2011 intimated to the higher authorities to obtain necessary permission for filing of appeal in the High Court. In compliance to the letter dated 13.7.2011 the Secretary, Public Works Department on 29.7.2011 referred the matter to the Law Department for obtaining permission. On 23.8.2011 the permission was granted by the Law Department and the said permission was communicated to the Secretary, Public Works Department. The said communication was received by the Executive Engineer, Public Works Department on 27.8.2011 and, thereafter, after a period of more than one month the appeal was filed on 21.10.2011.

(3.) Each case decided on its own facts and circumstances. Here in the present case the OIC of the appellants is very well aware of the facts and circumstances of the case and the preceedings which was pending before the reference Court as well as the order dated 9.9.2010 but due to his callousness the matter could not be referred to the State Government immediately after order dated 9.9.2010. The cause shown in the application is not at all sufficient to condone the delay of 317 days.