STATE OF J&P Vs. CHUNI LAL AND ORS.

JUDGEMENT

(1.) The State of J &K, through Commissioner Secretary to Government, Revenue Department, Civil Secretariat, Jammu/Srinagar, has filed this application seeking the indulgence of this Court in condoning the delay of 01 year and 06 days in filing the Appeal, on the grounds, inter alia, that the applicants-appellants, after receiving the certified copy of the judgement dated 20-05-2016 passed by the Principal District and Sessions Judge, Kupwara, in Civil Reference under section 18 of Land Acquisition Act, the matter was examined at various levels by the applicants-appellants to arrive at the conclusion as to whether the judgement aforementioned deserves to be appealed against or not. Finally, after consuming some time, it was felt that an appeal, challenging the judgement/decree of the Court below, needs to be filed. In this regard steps were taken to take further action in the matter and in the process, applicants - appellants were required to collect the relevant record from various quarters. Thereafter legal opinion was sought from the concerned quarters and the learned counsel was requested to prepare and file an appeal before the Hon'ble High Court. Obviously the examination of the matter and consideration of the question of filing of Appeal at various levels led to consumption of time.

(2.) The applicant has proceeded to state further that there was a delay of some months caused due to the administrative exigencies. However, the record of the case and other documents were immediately called from the Appellant, i.e. State of J &K to prepare and file the appeal. It has further been stated that the Appeal has an important bearing as far as the interests of the Appellant are concerned and in case the delay in filing the Appeal is not condoned, the applicant will suffer an irreparable loss and injury which cannot be compensated by any means. It has also been averred that due to abnormal situation in the valley in the year 2016, the appeal could not be filed in time. Besides this, it is also pleaded that the applicants had to arrange court fee for filing the appeal, which also consumed some time. The application is buttressed with an affidavit.

(3.) Learned counsel for the respondents has resisted and controverted the application of the Appellant, chiefly on the grounds that although the applicants have stated that the judgement was perused at different levels and the same was referred to the concerned Department for obtaining the legal opinion, which, ultimately, led to filing of the appeal, yet there is nothing to state as to when the appellant was advised to file the Appeal. The application being cryptic and there being no ground, much less a sufficient one, for the Condonation of Delay, the application is liable to be dismissed. The learned counsel for respondents has further stated that in view of the judgement dated 20-05-2016 of the Court below, the respondents-applicants herein, were obliged to pay the compensation to the petitioners-respondents herein, for the land acquired from them by the respondents-applicants herein @ 15% jabirana together with interest @ 7% per annum on the enhanced amount per kanal from the date of possession of the said land. However, they did not do so and they slept over the matter for a long time. Resultantly, the respondent were forced to file the Execution Petition in which the Court ordered the attachment of salary head. It is only to circumvent the said direction of the Court, passed in the Execution petition, that the applicants-appellants have filed the Civil 1st Appeal against the judgement dated 20-05-2016, which, on the face of it, is not maintainable, and is, liable to be dismissed. In the end it has been urged that the application be dismissed.