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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
PRASHANT KUMAR
Lko. Development Authority Thru. Secy. – Appellant
Versus
Shakuntala Devi (Dead) Thru. Sudhir Kumar Rastogi – Respondent
JUDGMENT :
PRASHANT KUMAR, J.
Order on Applications for Condonation of Delay
1. Vakalatnama filed by Shri Paavan Awasthi on behalf of respondent No.1/2/1 in First Appeal Defective No.129/2025 is taken on record.
2. Heard Shri Mukund Tewari, learned Senior Advocate assisted by Shri Bhanu Bajpai, learned counsel for the appellant, Shri Paaavan Awasthi, learned counsel for respondents and perused the record.
3. As per office report, First Appeal Defective No.129 of 2025 has been filed with delay of 173 days and First Appeal Defective No.130 of 2025 has been filed with delay of 182 days.
4. These first appeals have been filed by the appellant-Lko. Development Authority against the judgment and order dated 09.08.2024 passed by Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Tribunal, Kapoorthala, Lucknow Division, Lucknow in Misc. Case No.16/1990 (Smt. Shakuntala Devi (dead) and others vs. U.P. State through Collector, Lucknow and others) and Misc. Case No.14/1990, Chandra Kishore Rastogi (dead) and another vs. U.P. State through Collector, Lucknow and others under Section 18 of the Land Acquisition Act, 1894 respectively.
5. The reasons stated in the delay condonation app
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The law of limitation applies equally to the State and private parties, with bureaucratic inefficiency not sufficient for condoning delay.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
(1) Limitation – Condonation of delay – Phrase “within such period” signifies that period covered therein extends to not only original period within which, appeal or application, should have been fil....
A liberal approach is essential in condoning delays, particularly for government bodies, ensuring that procedural delays do not hinder substantial justice.
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