STATE OF HARYANA Vs. JIT RAM

JUDGEMENT

(1.) This regular first appeal when filed before this Court was barred by time. Consequently the State of Haryana filed an application under Section 5 of the Limitation Act for condonation of delay of 354 days in filing the appeal.

(2.) Notice on this application was issued. Reply was filed on behalf of the respondent objecting the condonation of delay. Land acquisition reference under Section 18 of the Land Acquisition Act was decided by the learned Additional District Judge, Gurgaon on 11.4.1996, while the memorandum of appeal in the present case was filed in the Registry of this Court on 30.6.1997. The only reason given in this application was that considerable time was taken by the department including the office of the Legal Rememberancer and Secretary to Government of Haryana, which decided to file an appeal and thereafter the appeal was filed. As afore-noticed, the appeal could be filed till 3.12.1996. Even this is not sated in this application as to when the certified copy of the judgment was applied to and when the same was received. The averments made in the paragraphs No. 2 to 4 of the application are not only vague but they even do not indicate the basic necessary facts which could be considered by this Court in considering the present application.

(3.) Another factor which shows the callous attitude adopted on behalf of the State that the affidavit in support of this application is of 15.5.1998, while the application itself was drafted on 20.5.1998. As such there is no proper affidavit even in support of this application.