NORTH EASTERN FRONTIER RAILWAY Vs. KIRENDRA RABHA

JUDGEMENT

(1.) Heard Mrs. U. Chakraborty, learned counsel for the applicant/petitioner. Also heard Mr. H Das, learned counsel appearing for the respondent. By this application under Section 5 of the Limitation Act, 1963, the petitioner prays for condonation of delay, which according to the petitioner, is of 448 days in filing the connected appeal under Section 54 of the Land Acquisition Act, 1894.

(2.) The respondent had filed an affidavit contending that no case has been made out by the petitioner for grant of condonation of delay.

(3.) On 12.09.11, when this matter was taken up, this Court directed the learned counsel for the applicant/petitioner to file an Additional Affidavit giving full details as to how the applicant/appellant moved to file the appeal after receipt of the notice from the Collector. The said Additional Affidavit was directed to be filed with full details within a period of 4 (four) weeks. The said Additional Affidavit was not filed.