JUDGMENT :

Soumen Sen, J.

1. There is a delay of 1209 days in preferring the appeal. Inexplicable delay in preferring the appeal has not been sufficiently explained in the application for condonation of delay. A valuable right was accrued in favour of the award holders. They cannot be deprived of the benefits of the award dated July 28, 2011 passed in connection with the land acquisition case arising out of a reference under Section 18 of the Land Acquisition Act I of 1894.

2. The referring claimants, who are the respondents in this appeal, filed the land acquisition case before the Land Acquisition Court at Barasat, Norlth 24-Partanas, against the award passed by the Land Acquisition Collector, North 24-Parganas. The land acquisition case was registered as Land Acquisition Case No. 1A of 2001. The acquisition proceedings are all between 1999 and 2000. The reference case was ultimately disposed of by the learned Judge, Land Acquisition Court at Barasat on July 28, 2011. No attempt was made by the State to prefer the appeal in time. The appeal was preferred on February 16, 2015 but with defects. The application for condonation of delay in filing the appeal was filed on August 31, 2015, but thereafter no attempt was made to move the application.

3. The State cannot be considered to be a favoured litigant. Culpable negligence and inexplicable delay in preferring the appeal would be the factors the court is duty bound to follow while considering the application for condonation of delay.

4. The learned advocate appearing on behalf of the State argued that a liberal approach is required to be taken considering the fact that the government decisions are proverbially slow, encumbered and involves considerable degree of procedural red tape in the process of their making.

5. It is submitted on behalf of the State that the award dated July 28, 2011 suffers from certain errors. The delay in preferring the appeal is explained in paragraph 8 of the application for condonation of delay. It is stated that after the award was passed on July 28, 2011, the application for certified copy was made on August 16, 2011. On August 18, 2011 the office of the Land Acquisition Collector became aware of the award through the learned State Counsel and on September 5, 2011 the learned Government Pleader, Barasat, was contacted, when he suggested for taking steps to prefer an appeal. On September 6, 2011 the Assistant Land Acquisition Officer examined the record and put up his report. On September 9, 2011 certified copy of the award was received by the office of the Land Acquisition Collector. Between the period from September 16, 2011 and November 8, 2011 necessary steps were taken in the matter for preferring appeal. On November 11, 2011, it was learnt that an application under Sections 152 read with Section 153 of the Code of Civil Procedure had been filed for correction of the judgment dated July 28, 2011 and the proposal for preferring the appeal was held up. In between November 12, 2011 and March 19, 2012 the application under Section 152 read with Section 153 was pending for adjudication before the learned Land Acquisition Judge. On March 3, 2014 the appellant came to know from the learned Government Pleader that the said petition was disposed of on March 19, 2012. On the said date the learned Government Pleader opined for preferring an appeal as the enhanced price of questioned land was not in conformity with law. On March 5, 2014 the application for certified copy of the judgment after review was filed. On March 6, 2014, proposal for preferring the appeal was approved by the Collector. On March 7, 2014 the proposal was submitted to the Land Reforms Department for approval. From March 7, 2014 till April 20, 2014 the proposal was pending examination by the Land Reforms Department and after satisfaction the matter was referred to the learned Legal Remembrancer for taking ultimate decision. On May 14, 2014 the Land Reforms Department communicated the decision