JUDGMENT :

Rajeev Misra,J.

Ref: Civil Misc. Delay Condonation Application No. 2 of 2019

1. This first appeal under section 54 of Land Acquisition Act 1894 read with section 96 of Code of Civil Procedure, 1908 has been filed challenging judgement dated 28.5.2018 and decree dated 1.6.2018, passed by Reference Court/Additional District Judge, Agra in Land Acquisition Reference Case No. 457 of 2012 (Vinod Sahni and Another Vs. State of U.P and 2 Others)

2. Present appeal has been filed in the year 2020 and therefore, beyond the period of limitation. Accordingly, an application under Section 5 of limitation Act duly supported by an affidavit has also been filed, seeking condonation of delay, in filing the appeal.

3. The stamp reporter vide his report dated 17.12.2019 has reported that the appeal was in time upto 26.8.2018 and is therefore beyond time by 478 days i.e. 1 year 3 months and 23 days on 17.12.2019.

4. Instant appeal came up for orders on 10.1.2020 and this Court vide order dated 10.1.2020 issued notices on the delay condonation application. Consequently, a counter affidavit to the delay condonation application has been filed by claimant respondents 1 and 2 to which a rejoinder affidavit has been filed by appellants.

5. Record shows that Special Land Acquisition Officer declared the award in terms of Section 11 of Land Acquisition Act 1894 (hereinafter reffered to as "Act 1894") on 25.10.2011. Feeling dissatisfied with the award rendered by Special Land Acquisition Officer, claimant respondents 1 and 2 herein sought a referece in terms of section 18 of Act 1894. Consequently, L.A. Reference Case No. 457 of 2012 (Vinod Sahni another Vs. State of U.P. and two others) came to be registered. Reference Court allowed above noted reference vide judgement dated 28.5.2018. The decree pursuant to aforesaid judgement was prepared on 1.6.2018.

6. Calculating the limitation from the date of judgement the appeal was in time upto 26.8.2018. However, if the limitation is calculated from the date of decree, the appeal shall be in time upto 30.8.2018.

7. Appellants allege to have acquired knowledge of judgement dated 28.5.2018 passed by reference Court on 3.12.2018. Accordingly, certified copy of the judgement rendered by reference Court was applied on 11.2.2019. Same was ready on 11.2.2019, and also received on same date i.e. 11.2.2019.

8. Affidavit filed in support of delay condonation application further reveals that after certified copy of judgement dated 28.5.2018 had been obtained, it was however received in the office of appellant authority only on 30.7.2019. Thereafter, matter was placed before Chief Executive Officer of Yamuna Expressway Industrial Development Authority i.e. appellant herein on 5.8.2019.

9. Subsequently, Chief Executive Officer of appellant authority vide his noting dated 10.8.2019 directed that the matter be placed before law department of the authority for its opinion. In turn the law department of appellant-authority submitted its note of consent on 28.8.2019 recommending filing of an appeal before High Court only on 25.8.2019. Thereafter the matter was again placed before the Chief Executive Officer of appellant authority for approval on 26.11.2019.

10. According to appellant Chief Executive Officer of appellant authority was awfully busy in preparation of report pertaining to Jewar International Airport, District Gautam Budh Nagar. On account of aforesaid unavoidable circumstance, the decision to file an appeal against judgement and decree of reference court could not be taken by Chief Executive Officer of appellant authority promptly.

11. Subsequent to above, proceedings for preparation of the appeal challenging judgement and decree passed by Reference Court were initiated by counsel for appellant authority namely Mr. A.B. Singhal in consultation with Mr. Pramod Jain, Senior Advocate.

12. Ultimately, present appeal was prepared on 15.12.2019 and presented before the Stamp Reporter of this Court on 17.12.2019. As a caveat