Heard Sri S.S. Srinet, learned standing counsel for the appellant/ applicant.
This appeal involving valuation of Rs.30631.49 was presented on 24.09.2014 beyond limitation by 2 years and 37 days, along with delay condonation application and affidavit.
In this first appeal, the judgment and decree dated 07.04.2012 passed by the Additional District Judge, Court No.12, Varanasi in Land Acquisition Reference No.237 of 2002 has been challenged.
In the affidavit accompanying the delay condonation application, the appellants have completely failed to explain the delay properly. In paragraph-13 of the affidavit, it is stated that the permission was received and necessary budget was allotted and the amount for filing the appeal was deposited in the office of Chief Standing Counsel, High Court, Allahabad on 21.03.2014. In paragraph-14, it is stated that there was General Election and employees were busy in the same till the 3rd week of May, 2014.
There is absolutely, no explanation offered for subsequent delay in presenting the appeal on 24.09.2014. Since the delay in filing the appeal is wholly unexplained, therefore, the Delay Condonation Application No.323412 of 2014, is rejected. Consequently, the appeal stands dismissed with cost of Rs.5000/- to be recovered from the personal salary of the officer, who delayed the filing of the appeal and also failed to offer any explanation for delay particularly after third week of May, 2014 to 24.09.2014. The cost shall be deposited within a month with Legal Cell Authority, High Court, Allahabad.
The recovery of cost is ordered in view of law laid down by Hon'ble Supreme Court in the case of Punjab State Power Corporation Ltd. Vs. Atma Singh Grewal, (2014) 13 SCC 666 ( para-14).
Order Date :- 17.8.2016 NLY .
Delay Condonation Application Hon'ble Surya Prakash Kesarwani,J.
Rejected.
For order see order of date passed on the memo of appeal.
Order Date :- 17.8.2016 NLY