BHARAT PETROLIUM CORPORATION LTD Vs. UMESHKUMAR

JUDGEMENT

(1.) This appeal is filed-under Section 54 of Land Acquisition Act, against the award dated 16/07/2004, passed by 1st Additional District Judge, Indore, in Land Acquisition Case No.34/03, wherein the award is under challenge on the ground that the amount awarded is on higher side and be reduced.

(2.) The appeal is filed on 20/06/2005. An application was filed by respondent No. 1 for dismissal of appeal on the ground that the appeal filed is barred by time, which is numbered as I.A. No. 10392/05. In consequence appellant has filed an application for condonation of delay, which is numbered as I.A. No. 10000/07.

(3.) Learned counsel for the appellant submits that award was passed on 16/07/2004, appellant applied for certified copy on 24/07/2004, which was ready on 18/08/2004 and was delivered to the appellant on 19/08/2004. It is submitted that thereafter, appellant came to know that the decree has not been framed by the learned Court below, hence an application was filed on 11/01/2005, which was allowed and consequently the decree was framed on 20/04/2005. Thereafter, the appellant applied for certified copy of the decree which was delivered to the appellant on 20/06/2005 and on the same day the appeal was filed by the appellant. Learned counsel submits that in view of the aforesaid factual position, there was no delay in filing the appeal. However learned counsel submits that as a matter of abandoned caution the application is filed, as the respondent No.1 is praying for dismissal of the appeal on the ground of delay.