Valmiki J. Mehta, J. (Oral)

C.M. No.4848/2013 (condonation of delay) in L.A. Appeal No.66/2013

1. This is an application for condonation of delay of 2328 days in filing of this appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) against the judgment of the reference court dated 28.9.2005 passed under Section 18 of the Act by which the reference court enhanced the compensation granted by the Land Acquisition Collector.

2. The only facts which are pleaded for seeking condonation of delay are stated in para 3 of the application and which reads as under :-

“3. That there is 2328 days delay for filing the present appeal due to this reason that the appellant has been living in village Mundka and could not contacted to his counsel as the appellants were not aware about the right to file the appeal. But when other villagers informed them about the filing of appeal against the impugned order only then appellant contacted to his counsel then the present appeal has been drafted and filed in the hon’ble court but in the mean time limitation period has already been passed. The applicant could not filed the present appeal in time due to the ab