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ANIL VERMA
Sardar Sarovar Project – Appellant
Versus
Purushottam – Respondent
JUDGMENT :
1. This order shall govern the disposal of IA nos. 1628/2021, 1632/2021 and 1634/2021, which are the applications filed under section 5 of the Limitation Act, 1963 for condonation of delay as the issue involved in aforesaid First Appeals is identical, and therefore, they are heard and decided by this common order.
2. Brief facts of case are that the appellants have acquired the land for construction of road, which affected and damaged the pipeline of the respondents, but the land of the respondents was not affected. On 29/04/2019, an award was passed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to "the Act, 2013). Thereafter on 30/08/2019, the respondents have preferred reference before the District Judge, Badwani, which has been decided vide impugned order dated 15/12/2019. Being aggrieved by the same, the appellants have preferred these First Appeals.
3. Learned counsel for the appellants has contended that the appellants are the instrumentality of the State Government who are required to take necessary and mandatory permissions before filing the appeal. The impugned order was pa
The court emphasized that the State should not face stricter standards in delay condonation, allowing a 28-day delay due to bona fide reasons including bureaucratic processes and COVID-19 lockdown.
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....
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.
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 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....
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