Heard Sri S.S. Srinet, learned standing counsel for the appellant/ applicant.
This appeal involving valuation of Rs.27105.56 and challenging the judgment and decree dated 03.04.2012 passed by the Additional District Judge, Court No.12, Varanasi in Land Acquisition Reference No.237-S of 2002, has been filed on 24.09.2014 beyond limitation by two years and 43 days, along with delay condonation application and affidavit.
The delay condonation application supported by an affidavit has been filed. In paragraph-7 of the affidavit, it is stated that permission for filing the appeal against the impugned judgment and decree was given by the State Government on 29.08.2012. In paragraph-8, it is stated that the said permission letter was received on 05.11.2012. In paragraph-9, it is stated that on 11.03.2013, a letter was sent by the Executive Engineer, Gyanpur Nahar Pariyojna to the Chief Engineer, Irrigation Department, U.P. Lucknow for court fees. Thus, there is no explanation for delay from 05.11.2012 to 11.03.2013. That apart in paragraphs 10, 11, & 12, it is stated that a letter was sent on 30.05.2013 by the Executive Engineer to the Finance Controller (Establishment Budget) for allotment of budget, which was followed by two letters dated 11.11.2013 and 08.01.2014. In paragraph-13 to 15, it is stated that court fees for filing the appeal, was deposited in the office of the Chief Standing Counsel on 21.03.2014, thereafter there was General Election of Lok Sabha, which was completed in the third week of May, 2014, and thereafter there was summer vacation from 1st June to 30th June. The explanation so offered is wholly misleading as the appeal could have been filed in the month of March or even immediately after election was completed. Apart from this, no explanation has been offered for delay for the months of July, August and September, 2014 inasmuch as the appeal was presented on 24.09.2014, thus, the authorities have acted in a most negligent and careless manner to file the appeal along with a frivolous application.
The delay in filing the appeal is wholly unexplainable, therefore, the Delay Condonation Application No.323417 of 2014, is rejected. Consequently, the appeal stands dismissed with cost of Rs.5000/-, which shall be recovered from the personal salary of the officers, who have not only delayed the filing of the appeal but also failed to offer any proper explanation for delay. 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 .
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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