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IN THE HIGH COURT AT CALCUTTA
SOUMEN SEN, ACJ.,, APURBA SINHA RAY
State Of West Bengal Represented By La Collector, Purba Burdwan – Appellant
Versus
Md Sabed, Since Deceased Represented By Kamar Jahan – Respondent
JUDGMENT :
Re: CAN 1 of 2025
1. There is a delay of 3900 days in preferring the appeal. The inordinate delay in preferring the appeal has not been sufficiently explained in the application for condonation of delay. The valuable right has accrued in favour of the legal heirs of the original claimant. They cannot be deprived of the benefits of the award dated 7th August, 2014, 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 claimant is the respondent in the appeal. The lands of the referring claimant were acquired by the L.A. Collector, Burdwan in connection with L.A. Case No.15(IV)/1995-1996, vide Notification dated 25.11.1997 for construction of Housing Scheme at Mouza-Alisha. The admitted position is that the acquired lands were classified as 'Sali' and the said lands were of Mouza – Alisha. The L.A. Collector awarded a sum of Rs.26,509/- as compensation for the acquisition of the plot of land No.74 of Mouza–Alisha, J.L. No.77 measuring 0.1075 acre.
3. The referring claimant was dissatisfied with the said compensation amount and has made a reference under Section 18 of the L.A.
A government body cannot benefit from its own negligence; explanations for condonation of delay must be reasonable, and inordinate delay jeopardizes the rights of others.
The main legal point established in the judgment is that the law of limitation has to be applied with rigor, and a satisfactory explanation is required for condonation of delay.
The main legal point established in the judgment is that the appellant must provide a reasonable and plausible explanation, absence of negligence or malafides, and legal and adequate reasons to condo....
Limitation - Condonation of delay - Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when statute so prescribe and Courts have no power to extend p....
The court emphasized that while a liberal approach is generally applied in condoning delays under the Limitation Act, lack of sufficient cause, particularly evident inactivity, precludes such discret....
(1) Law of limitation is founded on public policy – Appeal which is preferred after expiry of limitation is liable to be dismissed.(2) Bar of limitation – Delay is not liable to be condoned merely be....
The court held that appeals filed beyond 120 days without sufficient cause cannot be entertained, emphasizing equal standards for government and private parties in legal proceedings.
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