STATE OF H.P. Vs. KASHMIR SINGH

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act for condonation of delay of 104 days in filing appeal against the award dated 11.1.2000 passed by District Judge, Bilaspur, whereby the reference petition of the Respondent-claimant was allowed and the market value of the acquired land was enhanced from Rs. 50 per biswa to Rs. 20,000 per biswa.

(2.) We have heard learned Counsel for the parties and gone through the record.

(3.) The sufficient cause shown in the application, which is supported by the affidavit of Superintending Engineer, 10th Circle, H.P. P.W.D., Bilaspur, is that appeal could not be filed within the period of limitation, which expired on 17.4.2000, as after processing the case at different levels approval to file the appeal was granted on 26.4.2000 by the Financial Commissioner-cum-Secretary (PW) and thereafter Superintending Engineer took further steps to file the appeal. The Respondent filed reply to the application and opposed it seriously on the ground that no sufficient cause is made out from the averments made in the application. According to the Respondent, satisfactory explanation of 104 days long delay has not been given.