UNION TERRITORY OF J&K Vs. CHUNI LAL

JUDGEMENT

(1.) Review of judgement and order dated 23rd August 2017, passed by this Court in COD no.165/2017, titled State of J& K and others v. Chuni Lal and others, is sought for in concomitant Petition (RP no.11/2021). Since Review Petition has been filed after expiry of prescribed limit, instant application, thus, has been filed beseeching condoning of delay. Therefore, application, CM no.776/2021, seeking condoning of delay is to be considered and decided, and only thereafter Review Petition would be taken up for consideration.

(2.) I have heard learned counsel for parties and considered the matter.

(3.) It would be apropos to have succinct glimpse of factual milieu, given case set up by applicants/petitioners. Genesis of case relates to acquisition of land in village Khirman Hanood, Handwara, for CM no.776/2021 RP no.11/2021 construction of District Horticulture Complex, Handwara. Reference under Section 18 of Land Acquisition Act was made as landholders questioned Award of Collector, Assistant Commissioner, Handwara, to the Principal District Judge, Baramulla (for brevity 'Trial Court'). On Reference, the Trial Court vide judgement/order dated 20th May 2016 directed the department to pay Rs.7.00 Lakhs per Kanal plus jabrana @ 15% together with interest @ 7& per annum on the enhanced amount per kanal from the date of possession of the acquired land. Appeal was preferred before this Court. However, since there had been delay of 01 year and 06 days, condonation of delay was sought. Application, being COD no.165/2017, had been preferred by applicants/petitioners. This Court by judgement/order dated 23rd August 2017, found applicants/petitioners having failed to explicate delay of 01 years and 06 years in filing the Appeal and resultantly dismissed COD no.165/2017. It is this order of which review is sought in concomitant petition. However, again there is delay of 1235 days in filing review petition. So, condonation of delay is sought for.