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2005 Supreme(Cal) 65
High Court Of Calcutta
BHASKAR BHATTACHARYA, JYOTESH BANERJEE
STATE OF WEST BENGAL - Appellant
Versus
BROJESH CHANDRA SINGHA BARMAN - Respondent
F. A. T. 3185 Of 2003
Decided On : 02/01/2005
INDRANIL BHATTACHARYA, Rajdeep Biswas, SRIDHAR PANJA
The State cannot be treated as a favourite litigant and the period of limitation prescribed by law is made for all litigants including the State of West Bengal.
Headnote:
LIMITATION ACT - SECTION 5 - CONDONATION OF DELAY - LAND ACQUISITION CASE - DELAY OF SIX YEARS IN FILING APPEAL - NO SUFFICIENT CAUSE SHOWN - APPLICATION FOR CONDONATION OF DELAY DISMISSED - APPEAL ALSO DISMISSED ON GROUND OF LIMITATION.
Fact of the Case:
The State of West Bengal filed an application under Section 5 of the Limitation Act for condonation of delay of 1927 days in filing a first appeal against an order of the Land Acquisition Tribunal, Howrah. The Tribunal had enhanced the valuation of the acquired land from Rs. 2287/- to Rs. 10,000/- per cottah.
Finding of the Court:
The court found that there was gross inaction and negligence on the part of the State respondent in preferring the appeal. No bona fide approach was made in the matter of preferring the appeal. The court also noted that the State cannot be treated as a favourite litigant and the period of limitation prescribed by law is made for all litigants including the State of West Bengal.
Issues: Whether the delay of six years in filing the appeal was sufficiently explained to justify condonation of delay under Section 5 of the Limitation Act.
Ratio Decidendi: The court held that the State had not shown sufficient cause for condonation of the delay. The court noted that the delay was caused by inaction, gross negligence, and long delays at every stage of the process. The court also held that the decisions cited by the State in support of its application were not applicable to the facts of the case.
Final Decision: The court dismissed the application for condonation of delay and the appeal itself on the ground of limitation.
( 1 ) THIS is an application at the instance of State of West Bengal represented by the Collector, Howrah, under section 5 of the limitation Act for condonation of delay of 1927 days in filing a first appeal against the order dated 23rd February, 1998 passed by the Land Acquisition tribunal, Howrah in L. A. Misc. Case No. 33 of 1987 thereby enhancing the valuation of the acquired land from Rs. 2287/- to Rs. 10,000/- per cottah.
( 2 ) THE appellant has given the following reasons in support of the prayer for condonation of delay: (A) The judgment impugned having been passed on 23rd February, 1998 the Government Pleader, Howrah sent the copy of the judgment without any authentication to the department of L. A. Collector on 10th March, 1998. (B) On 7th January, 2001 on receiving the authenticated copy, a proposalwas sent for getting the certified copy from the office of the Collector,howrah to the office of the Govt. Pleader. (C) As the concerned L. A. case was not traced out and misplaced due to shifting of office from the previous place to the present place, after thorough searching, some portion of records were ultimately traced out on 7th January, 1999 and on 27th January, 1999 order was passed for examining the L. A. case records. (D) On 15th February, 1999 the examination report was submitted and after scrutiny, the Special Land Acquisition Officer forwarded the report for preferring the appeal to the Collector, Howrah. (E) On 24th February, 1999 the Additional District Magistrate in charge of land acquisition passed order for sending proposal for opinion of the learned Government Pleader, Howrah, (F) On 24th January, 2002 the learned Government Pleader, Howrah gave opinion and returned the file along with the L. A. proceedings in original which was lying in the office of G. P. , Howrah and for the above reason delay for another 760 days had taken place. (G) On 31st January, 2001 the Additional District Magistrate (L. A.)enquired about the total financial involvement in the said L. A. proceedings. (H) On 9th February, 2001 the total involvement of financial liability wascalculated and informed. (i) The Collector, Howrah recommended filing of appeal and on 14th february, 2001 L. A. Collector passed order to process for filing appeal. (J) On March 1, 2001 the proforma report for appeal was prepared and sent to the Collector for approval. (K) On 14th March, 2001 the said proforma report was approved. On 2nd april, 2001 the certified copy of the judgment of the concerned L. A. Misc. Case was made ready. On 19th April, 2001, after preparation of the brief history the proposal was put up to the Special Land Acquisition officer for approval. (L) On 2nd April, 2001, the proposal for appeal was sent to Government of west Bengal and for this reason there was further delay of 30 days. (M) On 24th December, 2002 the department obtained approval for preferring appeal from the higher authority and name of learned State advocate and in the process there was delay of 595 days and had refused to take up the case on personal ground. (N) On 26th February, 2003 Land Acquisition Department again proposed to the Land Reforms Department, Govt. of West Bengal to appoint another learned State Advocate. On 30th September, 2003 Land acquisition Department obtained the learned Advocate again on 10th july, 2003 the draft memo of appeal and application of stay was prepared as per advise of learned Advocate Mr. Sridhar Panja and put up to Special Land Acquisition Officer. (O) On 30th September, 2003 the draft was approved and made ready for typing. Ultimately, the appeal was filed on 11th November, 2003.
( 3 ) THIS application has been seriously opposed by the claimant contending that no sufficient cause has been made out for condonation of delay of such a long period.
( 4 ) MR. Sridhar Panja, the learned Advocate appearing on behalf of the State of West Bengal has contended that the appeal having been preferred by the state
