CHANDRA BHUSHAN BAJPAI
Chandrika Bai W/o Late Kaushal Das Manikpuri – Appellant
Versus
Narayan Das @ Naru S/o Gaumal Madhwani – Respondent
Chandra Bhushan Bajpai, J.
Heard on I.A. No. 1/2016 for condonation of delay in filing the instant MAC which is barred by limitation by 621 days.
I.A. No. 1 is opposed on behalf of respondent No. 3.
Learned counsel for the appellant submits that the delay caused is bona fide and unintentional. The appellants are villagers and not aware of limitation laws. After obtaining necessary documents and arranging funds for filing the instant appeal, the appellants had preferred the instant MAC against the impugned order passed by the Tribunal vide order dated 28-07-2014 whereby the claim of the claimants/appellants were denied merely on the ground of territorial jurisdiction. The matter was not disposed of by the concerned Tribunal on its merit. Hence, the delay of 621 days may be condoned.
Learned counsel for the appellant relied on the matter of Imrat Lal and others v. Land Acquisition Collector and others [(2014) 14 SCC 133] where the land acquisition proceedings were challenged by the land owners removed by their land praying for enhancement of compensation, examining the issue of delay of 1110 days in filing petition and the background of the petitioners therein, it was held by the
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