SARDAR SAROVAR PROJECT Vs. PURUSHOTTAM

JUDGEMENT

(1.) This order shall govern the disposal of IA nos. 1628/2021, 1632/2021 and 1634/2021, which are the applications filed under Sec. 5 of the Limitation Act, 1963 for condonation of delay as the issue involved in aforesaid First Appeals is identical, and therefore, they are heard and decided by this common order.

(2.) Brief facts of case are that the appellants have acquired the land for construction of road, which affected and damaged the pipeline of the respondents, but the land of the respondents was not affected. On 29/04/2019, an award was passed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to "the Act, 2013). Thereafter on 30/08/2019, the respondents have preferred reference before the District Judge, Badwani, which has been decided vide impugned order dtd. 15/12/2019. Being aggrieved by the same, the appellants have preferred these First Appeals.

(3.) Learned counsel for the appellants has contended that the appellants are the instrumentality of the State Government who are required to take necessary and mandatory permissions before filing the appeal. The impugned order was passed on 15/12/2019 and its certified copy was received on 21/09/2020, then the opinion of the Government Advocate was sought.