SUPREME COURT OF INDIA

Before:- K.G. Balakrishnan and Tarun Chatterjee, JJ.

Civil Appeal No. 251 of 2005, Arising out of SLP (C) No. 9687 of 2004. D/d. 10.1.2005.

State of H.P. and another - Appellants

Versus

Satya Devi and others - Respondents

Land Acquisition Act, 1894, Sections 54 and 23 - Limitation Act, 1963, Section 5 - Appeal against award on reference under Section 18 - Condonation of delay - Delay of 55 days - State filing affidavit explaining cause of delay - Delay condoned.

[Para 5]

ORDER

K.G. Balakrishnan, J. - Leave granted

2. Heard learned counsel for the parties.

3. The appellant State has filed an appeal before the High Court challenging the award passed by the Additional District Judge in a land acquisition reference case. There was a delay of 55 days in filing the appeal. The learned Single Judge before whom the matter came up for consideration declined to condone the delay in filing the appeal and dismissed it. Aggrieved by the same the present appeal is filed.

4. Counsel for the appellant submitted that the delay occurred due to administrative reasons and there were no wilful laches or negligence in the matter on the part of the appellant. The counsel for the respondent, however, opposed the contention and submitted that the High Court had dismissed other appeals on the ground of delay and the State had not come up in appeal.

5. The delay was only 55 days and the officer of the State had filed an affidavit explaining the cause of delay and there was reasonable ground for filing the application for delay and the learned Single Judge should have considered the same and granted the application for condonation of delay.

6. We set aside the order passed by the learned Single Judge and direct that delay be condoned and the appeal be restored to its file and be disposed of in accordance with law.

7. The appeal is disposed of accordingly.

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