Court No. - 2 Case :- FIRST APPEAL DEFECTIVE No. - 10 of 2020 Appellant :- Yamuna Expressway Industrial Development Authority Respondent :- Trishul Gramin Sehakari Avas Samiti Ltd And 2 Others Counsel for Appellant :- Aditya Bhushan Singhal,Pramod Jain(Senior Adv.),Rohan Gupta Counsel for Respondent :- Ashok Kumar Tripathi Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajai Tyagi,J.
(In Ref: Delay Condonation Application)
1. The delay condonation application has been filed by the appellant-authority to allow this application and condone the delay in filing the present first appeal under Section 54 of Land Acquisition Act, 1984 read with Section 96 of Code of Civil Procedure, 1908, by which a challenge has been made against the judgment and decree dated 4.10.2018, passed by the learned Additional District Judge, Agra in L.A. Reference Case No.449 of 2012 (Trishul Gramin Sehkari Avas Samiti Ltd. vs. State of UP and 2 others).
2. Present appeal has been filed in the year 2020 and, therefore, beyond the period of limitation. Accordingly, an application under Section 5 of Limitation Act, 1963 duly supported by an affidavit has also been filed, seeking condonation of delay in filing the present appeal.
3. The stamp-reporter vide his report dated 8.1.2020 has reported that the appeal was in time up to 8.2.2019 and is, therefore, beyond time by 324 days.
4. Learned counsel for the appellant submitted that since the Chief Executive Officer was engaged in preparation of the final report pertaining to Jewar International Airport, therefore, the direction for filing the present appeal before this Court could not be issued within time. He further submits that in pursuance of the aforesaid direction, the present appeal was being prepared by the counsel nominated and he was further instructed to consult the matter with Mr.Pramod Jain, Senior Advocate, as he has been nominated by the Chief Executive Officer of the appellant to appear before this Court as a senior counsel on behalf of the opposite party No.3.
5. On the aforesaid factual premise, learned counsel for the appellant submits that there is no deliberate negligence or laches on the part of appellant in filing this appeal with delay. Referring to the affidavit filed in support of delay condonation application, learned counsel for the appellant contends that delay in filing present appeal has been sufficiently explained. There exists sufficient and truthful cause in not filing the appeal within time. Steps were also taken for obtaining certified copy of judgment and necessary approval as required from law department as well as Chief Executive Officer of appellant-authority. Consequently, some time has expired in aforesaid process, which cannot be classified as wilful or intentional or deliberate negligence or laches on the part of the appellant. It is thus uged that delay in filing appeal has occurred on account of sufficient and truthful cause, which has been duly explained. Consequently, delay in filing appeal is liable to be condoned by this Court. To lend legal support to his submissions, he has placed reliance upon following judgments:
(i) Deputy Conservator of Forests vs. Timblo Irmaos Ltd and others [2021 (2) CTC 207];
(ii) The Commissioner of Public Instruction and others vs. Shamshuddin [Special Leave Petition (Civil) Diary No.11989 of 2020];
(iii) The State of Madhya Pradesh and others vs. Bherulal [(2020) 10 SCC 654].
6. It appears that the appeal came to be heard on 10.1.2020 for payment of deficiency in the court-fees. On 24.11.2020, the respondents asked time to file objection. Subsequently, the counter affidavit came to be filed on 4.1.2021, paragraph-16 of which, reads as follows:
"16. That, the contents of paragraph Nos.13 and 14 of the affidavit are not correct, hence denied and in its reply, it is submitted the appellant has shown only the paper work without any evidence, for which the appellant may be put to strict proof and there keeping mum since after obtaining certified copy of the impugned judgment on 5.2.2019 (filed the appeal after lapsing more than one year without any justification) and given the ambiguous statement for condoning the delay. It is totally incorrect to suggest that the Chief Executive Officer was engaged 24 x 7 in the matter of Jevar Airport and as such, he has not prepared himself the report. The false statement has been made in the affidavit and the delay has not been properly explained with prudent evidence. It is further submitted that the appellant is a responsible authority and has concerned with day-to-day minutes of meeting of Chief Executive Officer for proving the averments used in Para-13 of the affidavit under reply filed in support of delay condonation application and, therefore, merely mentioning the name of Jevar Airport, the appellant escaped from his liabilities and carelessness before the Court."
7. The matter could have been heard on merits, but there was no compliance and, therefore, a detailed order so as to grant the amount was passed on 15.3.2021. The compliance is also half- hearted as per the reply filed the respondents.
8. The respondent has heavily relied on several judgments of the Apex Court and has contended that the Single Judge on 6.1.2021 and similar matters, which are to be placed before the learned Single Judge has rejected the delay condonation application. The Division Bench may also do the needful.
9. In our case, the delay is opined by the stamp-reporter is 313 days whereas in First Appeal (D) No.12 of 2020, it was 1 year, 3 months and 23 days. The judgments cited by the counsel for a period of more than one year, we may deem it fit to condone the delay with cost to be deposited before exchequer money looking to the huge delay of 313 days.
10. Delay of 313 days in filing the appeal is hereby condoned. The judgments relied by the learned counsel for the respondents show the calous approach of the authorities where the delay is beyond one year. In our case, the officer has shown that he was busy with the project pertaining to the Airport, which is of a public importance. However, subject to depositing a cost of Rs.10,000/-, we condone the delay by showing deep anguish to the authorities concerned.
(Ajai Tyagi, J.) (Dr. Kaushal Jayendra Thaker, J.)
Order Date :- 23.12.2021 LN Tripathi