STATE OF WEST BENGAL Vs. MANJU RANI DUTTA

JUDGEMENT

(1.) There is a delay of 1209 days in preferring the appeal. Inexplicable delay in preferring the appeal has not been sufficiently explained in the application for condonation of delay. A valuable right was accrued in favour of the award holders. They cannot be deprived of the benefits of the award dated July 28, 2011 passed in connection with the land acquisition case arising out of a reference under Sec. 18 of the Land Acquisition Act I of 1894.

(2.) The referring claimants, who are the respondents in this appeal, filed the land acquisition case before the Land Acquisition Court at Barasat, Norlth 24-Partanas, against the award passed by the Land Acquisition Collector, North 24-Parganas. The land acquisition case was registered as Land Acquisition Case No. 1A of 2001. The acquisition proceedings are all between 1999 and 2000. The reference case was ultimately disposed of by the learned Judge, Land Acquisition Court at Barasat on July 28, 2011. No attempt was made by the State to prefer the appeal in time. The appeal was preferred on February 16, 2015 but with defects. The application for condonation of delay in filing the appeal was filed on August 31, 2015, but thereafter no attempt was made to move the application.

(3.) The State cannot be considered to be a favoured litigant. Culpable negligence and inexplicable delay in preferring the appeal would be the factors the court is duty bound to follow while considering the application for condonation of delay.