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.

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 passed on 15/12/2019 and its certified copy was received on 21/09/2020, then the opinion of the Government Advocate was sought. Thereafter, the matter was forwarded to the Law Department for seeking necessary permission, which was awaited, but meanwhile, the Collector, Barwani granted permission to file appeal. Officer in-charge was appointed, soon after the office of the appellant/s was closed on account of imposition of lockdown due to spread of CORONA virus. After the lockdown, officer in-charge contacted with his counsel and thereafter, filed these appeals, but due to the aforesaid reasons, which were beyond the control of the appellants, delay of 28 days has been caused, which is bonafide. Hence, he prays that the delay of 28 days be condoned.

4. Per-contra, learned counsel for the respondents opposed the applications and prays for its rejection by submitting in reply that vide order dated 15/11/2019. Reference Court enhanced the compensation, but the appellants applied for certified copy on 11/08/2020 i.e. almost nine months after the date of award. and the appellants collected copy on 10/09/2020s. As per the provision of section 74 of the Act, 2013, the limitation period is only 60 days, which cannot be exceeded further 60 days, but the appellants have filed the appeals after huge delay. There is no bonafide and sufficient reasons for the aforesaid delay. The Act, 2013 is a special Act and its provisions shall prevail upon the General Provisions of Law. Hence the applications for condonation of delay deserves to be dismissed and consequently, present First Appeals be also dismissed being time barred. To bolster his contention, he has placed reliance upon the judgment delivered in the case of State of Bihar through Collector and another Vs. Rakesh Kumar and others [2023 SCC Onlin Pat 602]5; State of Kerala represented by District Collector Kottayam and another Vs. Kool Goam Pvt Ltd represented by its Managing Director Alexander Sebastian and another [2024 SCC Online Ker 863]; State of Bihar through the Collector and another Vs. Kaushalendra Kumar Singh and others [2023 SCC Online Pat 4592]. The Deputy Commissioner and Special Land Acquisition Officer, Bengaluru Vs. M/s S.V. Global Mill Limited, Chennai [ ILR 2020 KAR 1897]

5. Heard learned counsel for both the parties and perused the record.

6. The question that arises for consideration in present appeals is whether the appellants herein has made out the case for condonation of delay of 28 days?

7. For the sake of reference, Section 74 of the Act, 2013 is reproduced hereunder :

"74. Appeal to High Court.–(1) The Requiring Body or any person aggrieved by the Award passed by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award:

Provided that the High