B.S.CHAUHAN, J.CHELAMESWAR
Brijesh Kumar – Appellant
Versus
State of Haryana – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
Sufficient cause is a mandatory condition precedent for the exercise of judicial discretion to condone delays in filing appeals or applications (!) .
When the delay exceeds a substantial period, such as over 10 years, courts scrutinize the reasons for the delay carefully and require proper, satisfactory, and convincing explanations. If such explanations are lacking, courts are unlikely to condone the delay (!) (!) .
The courts emphasize that delay should not be treated sympathetically if it is due to inaction, negligence, or lack of bona fide intent. The conduct and attitude of the party seeking condonation are relevant factors (!) (!) .
The law of limitation aims to promote finality and prevent indefinite delays, and it is generally enforced strictly, even if hardship or injustice may result in individual cases (!) (!) .
The courts distinguish between mere delay and inordinate delay, with the latter requiring stronger justifications for condonation. An unjustified inordinate delay warrants dismissal of the application for condonation (!) (!) .
The principle that a party approaching the court immediately after the cause of action is different from a party that delays significantly in filing is recognized; the latter may not benefit from the relief of condonation if the delay is unreasonable (!) .
The courts discourage an approach that perceives delay as a minor issue and emphasize the importance of reasonableness and bona fide conduct in such applications (!) (!) .
Ultimately, if the delay is not properly explained and the reasons are not convincing, courts will not exercise their discretion to condone the delay, and the application or appeal will be dismissed (!) (!) .
Would you like a more detailed analysis or assistance with a specific aspect of this case?
ORDER
1. These petitions have been filed challenging the judgment and order dated 22.11.2013, passed by the High Court of Punjab & Haryana at Chandigarh dismissing the Civil Misc. Applications in RFA No.5793 of 2012 for condonation of delay of more than10 years in filing the appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’).
2. The land of the petitioners alongwith the lands of others admeasuring 134 acres, 5 kanals and 10 marlas situate in revenue estate of village Manakpur, Hadbast No.386, Tehsil Jagadhri, District Yamuna Nagar stood notified under Section 4 of the Act on 8.9.1993. In respect of the same, the award was made by the Land Acquisition Collector on 8.10.1997 assessing the market value of the land of the petitioners @ Rs.1,75,000/ – per acre.
3. Aggrieved, the petitioners and other persons interested filed references under Section 18 of the Act for enhancement of compensation and the Reference Court made the award on 7.9.2001 assessing the market value of the land @ Rs.1,85,000/ – per acre and they were also given other statutory benefits.
4. Aggrieved, some of the persons interested filed appeals before the High Court, howeve
Mewa Ram (Deceased by L.Rs) & Ors. v. State of Haryana
State of Nagaland v. Lipok AO & Ors.
D. Gopinathan Pillai v. State of Kerala & Anr., AIR 2007 SC 2624
General Fire and Life Assurance Corporation Ltd. v. Janmahomed Abdul Rahim, AIR 1941 PC 6
P.K. Ramachandran v. State of Kerala & Anr., AIR 1998 SC 2276
Esha Bhattacharjee v. Raghunathpur Nafar Academy & Ors. (2013) 12 SCC 649
Basawaraj v. Land Acquisition Officer (2013) 14 SCC 81
State of Karnataka & Ors. v. S.M. Kotrayya & Ors., (1996) 6 SCC 267
Jagdish Lal & Ors. v. State of Haryana & Ors., AIR 1997 SC 2366
M/s. Rup Diamonds & Ors. v. Union of India & Ors., AIR 1989 SC 674
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.