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RAJANI DUBEY, AMITENDRA KISHORE PRASAD
State of Chhattisgarh Through The Collector – Appellant
Versus
Omlata Agarwal, W/o Sitaram Agrawal – Respondent
JUDGMENT :
Rajani Dubey, J.
Heard.
1.The appellant filed application (I.A. No. 01/2024), application for condonation of delay in filing the appeal.
2.Mr. R.N. Pusty, learned counsel, appearing for the appellant submits that the appellant/plaintiff has preferred the First Appeal under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the judgment & decree dated 17/04/2023 passed by the learned Tribunal. After passing the impugned award dated 17/04/2023, the Under Secretary, Department of Water Resources, Mantralya, Mahanadi Bhawan, Naya Raipur, Atal Nagar [CG] vide its letter 01/12/2023, sought permission / sanction to file the instant appeal from the Secretary, Department of Law & Legislative Affairs, Raipur & Secretary, Department of Revenue, Raipur and thereafter sanction was given to file the instant appeal and Officer Incharge of the case was appointed on 01/03/2024. Thereafter, the concerned Officer In-charge of the case made all possible efforts to collect the requisite documents which were required for filing the instant appeal which took some time. Therefore, there is no willful intention to caus
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.
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.
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 court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
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 ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
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....
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