Delay in filing an appeal must be adequately explained to warrant condonation; insufficient explanation results in dismissal.

JUDGMENT

The appellants have filed C.M.Application No.1 of 2020 under Section 5 of the Limitation Act to condone the delay of 2735 days in filing the land acquisition appeal. Reasons for the time taken have been stated in paragraph no.3 of the accompanying affidavit. The said paragraph is extracted below:-

“It is submitted that the judgment was passed on 31.10.2012. Due to an inadvertent omission, the Government Pleader applied for copy of the decree on 31.10.2012. The certified copy was ready on 08.02.2013. The copies were delivered on 14.02.2013. The District Collector addressed the files to the Advocate General on 22.10.2018 and the file received in the Advocate General’s Office on 22.10.2018. Thereafter, the file was submitted to the Government Pleader on 27.10.2018 for examining the scope for appeal. The Government Pleader perused the file and returned to concerned Section for availing certain details. After obtaining details from the concerned Department, the file was re- submitted to Government Pleader on 08.07.2019. Thereafter, the Government Pleader prepared the appeal after examining the scope on 09.07.2020 and submitted for approval of the Addl.Advocate General. Thereafter, the appeal filed on 15.07.2020. It is submitted that the delay occurred in filing the above appeal was due to the time taken or various procedural formalities above mentioned in the Office of the District Government Pleader and District Collector, and not due to any willful neglect or laches on the part of the appellant. The appeal ought to have been filed without delay on or before 31.03.2012. Thus there occurred delay of 2735 days in filing the appeal.”

2. It is noticed that the certified copy was admittedly delivered on 14.02.2013. However, the District Collector forwarded the files to the office of the learned Advocate General only on 22.10.2018. It is clear that it took more than five years for the District Collector to sent the files to the office of the learned Advocate General. It must be noted that there is no explanation offered in the affidavit to explain the delay from 14.02.2013 to 22.10.2018. It is trite law that while seeking condonation of delay, reason for the delay shall to be properly explained. In the instant case, I find that sufficient reasons have not been offered to explain the delay.

3. It is also to be noted that, though the files are received in the office of the learned Advocate General on

22.10.2018, the appeal was filed only on 15.07.2020.

I am of the view that the delay involved in filing the appeal has not been properly explained by the appellant and therefore C.M.Application cannot be allowed. It is accordingly dismissed. Consequently land acquisition appeal shall also stand dismissed.

Sd/-