State Of U.P. & Another vs Ahmad Hasan & Another
2011 Latest Caselaw 3984 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

AFR
 
Court No. - 30
 

 
Delay condonation application
 
IN
 
Case :- FIRST APPEAL DEFECTIVE No. - 529 of 2005
 
Petitioner :- State Of U.P. & Another
 
Respondent :- Ahmad Hasan & Another
 
Petitioner Counsel :- S.M.A. Kazmi
 

 
Hon'ble Sibghat Ullah Khan,J.

Heard learned standing counsel.

This appeal and the other 11 connected appeals are directed against common judgment and order dated 6.1.2001 passed by 7th A.D.J. Bulandshahr in 16 Land Acquisition cases Land Acquisition Reference no.28 of 1999 to reference no.43 of 1999.

These appeals were filed on 28.7.2005. They are belated by more than 4 years and 3 months. Delay condonation application is supported by affidavit of Anil Kumar Singh Sengar, Assistant Engineer Upri Ganga Nahar, Nirman Khand 2, Bulandshahr. The acquisition was for the purposes of the said canal (Nahar). In para 2 of the affidavit it is mentioned that certified copy of the judgment was received by the District Government Counsel (D.G.C.) (Civil) Bulandhshar on 1.2.2001 and the same along with opinion of the D.G.C. Civil was received in the office of Special Land Acquisition Officer, Bulandshahr on 29.1.2001 (para 3 of the affidavit). In para 4 of the affidavit it is stated that on the same date S.L.A.O. Bulandshahr wrote a letter to the office of Executive Engineer Samanantar Upri Ganga Nahar Khand 2, Bulandshahr. Thereafter, in para 5 of the affidavit it is mentioned that the Executive Engineer accorded departmental sanction for filing appeal on 2.2.2001 and the said sanction was received in the office of S.L.A.O. Bulandshahr on 3.2.2001. In para 6 of the affidavit it is mentioned that D.M. Bulandshahr wrote a letter on 5.2.2001 to the Secretary Irrigating Department and Government of U.P. Lucknow for granting permission to file first appeal. Thereafter, it is mentioned in para 7 of the affidavit as follows:

"That thereafter the District Magistrate, Bulandshahr sent reminders dated 19.02.2001, 14.03.2001, 30.03.2001, 8.05.2001, 23.08.2001, 19.10,2001, 20.12.2001, 02.03.2002, 04.05.2002, 09.05.2002 & 01.07.2002 to the Secretary, Irrigation Department-3, Govt. of U.P., Lucknow for granting permission."

Thereafter, in para 8 it is mentioned that State Government granted permission on 29.6.2001 which was received in the office of S.L.A.O. Bulandshahr on 16.7.2002. It has not been mentioned that why the order of grant of permission dated 29.6.2001 took more then one year to reach the office of S.L.A.O. Bulandshahr.

Thereafter, it is mentioned in para 9 that SLAO Bulandshahr wrote a letter on 19.7.2002 to Executive Engineer Uppri Ganga Nahar Khand 2 Bulandshahr for sanctioning the amount of the court fees as well expenses for filing 16 appeals.

Thereafter, it is mentioned in para 10 of the affidavit as follows:

"That thereafter the reminders dated 05.10.2002, 03.12.2002, 06.01.2003, 30.01.2003,26.02.2003,09.04.2003, 02.05.2003,20.06.2003,24.09.2003,01.10.2003,29.10.2003, 13.11.2003, 31.12.2003, 29.01.2004, 13.07.2004,03.09.2004 & 19.11.2004 to the Executive Engineer, Uppari Ganga Nahar Nirman Khand-2, Bulandshahr."

Thereafter in para 11 of the affidavit it is mentioned as follows:

"That thereafter on receiving the letters dated 02.05.2002 and 19.11.2004 from Special Land Acquisition Officer, Bulandshahr, the Executive Engineer, Uppari Ganga Nahar Nirman Khand-2 Bulandshahr wrote letters to the Superintending Engineer, Uppari Ganga Nahar, Adhunikikaran Mandal, Bulandshahr and Senior Staff Officer/Superintending Engineer, Madhya Ganga Pariyojana, U.P., Aligarh and also to the Finance Controller, Office of the Engineer-in-Chief, Irrigation Department, U.P., Lucknow dated 24.06.2003, 25.10.2004, 31.12.2004, 09.02.2005 and 13.05.2005".

It is not clear that what was the letter dated 2.5.2002. From para 11 of the affidavit it appears that the Executive Engineer had started writing letters from 24.6.2003 i.e. after about one year of receiving the letter of the S.L.A.O. Dated 19.7.2002, however, S.L.A.O. was not aware of the same. Executive Engineer sent the first reminder after one year and 4 months. Thereafter, in para 12 it is mentioned that office of the Engineer-in chief (Adhisthan Budget Anubhag) Sinchai Vibhag, U.P. Lucknow through letter dated 26.5.2005 sanctioned the amount of Rs.7,29,000/- for filing the appeal.

From the above it is quite clear the authorities concerned were utterly negligent in pursuing the matter. From para 11 of the affidavit it is clear that after about one year of receiving the first letter dated 2.5.2002 (or 19.7.2002) the Executive Engineer intimated the Engineer-in-Chief, Irrigation Department and the Engineer-in-Chief was also utterly negligent in sanctioning the amount on 26.5.2005 i.e. after about two years. They were under the impression that they could move the court at their leisure and delay would be condoned as a matter of fact. I am not at all satisfied with the explanation of inordinate delay.

Sri P.P. Chaudhary, learned standing counsel for the appellant has strenuously argued that dismissing the appeals as barred by time would cause huge financial loss to the State appellant as S.L.A.O. had determined the market value of the acquired land at Rs.40,000/- per pucca bigha, however, the reference Court. A.D.J. has determined the market value at Rs.2,80,000/- per pucca bigha which is 7 times of the valuation fixed by S.L.A.O. It has also been argued that huge amount is involved and large amount has been spent by the State in the form of Court fees affixed on these appeals. Due to the inordinate delay in filing of the appeals and non grant of any stay order the claimants respondents must have realised the amount long before. The award was passed more than 11 years before. The equity thus developed in favour of claimants counter balances the loss of the State appellant.

It is not that the State usually files Land Acquisition appeals with so much delay. Even today 4 such appeals (F.A. Defective no.308 to 311 all of 2010) were listed before me. These appeals were filed with only delay of 45 days. Huge Court fees was paid in these appeals. I condoned the delay in these appeals. Similarly yesterday 8 such were listed before me. (First Appeal defective no.280 to 284 and 286 to 288 all of 2008). The delay was only of about one month. Huge court fees was paid on these appeals. These appeals arose out of acquisition for drainage in a village of the same district Bulandshahar. I condoned the delay in these appeals except in those appeals where respondents had not been served.

Accordingly, no ground for condonation of delay having been made out the delay condonation applications are dismissed and the appeals are dismissed as barred by time.

State is at liberty to realise half of the enhanced compensation solatium and interest and the court fees from those officers who were holding the change of the Executive Engineer Uppri Ganga Nahar Khand (2) Bulandshahr and Engineer-in-Chief, Irrigation Department, U.P. Lucknow at the relevant time i.e. those officers holding these posts who were responsible for delay or any other officer/official responsible for the delay. If the State Government realises the aforesaid amount from the aforesaid officers concerned, in future it may not find itself in such a helpless hapless situation as other officers thereafter will become very alert.

Order Date :- 20.8.2011

vkg

Hon'ble S.U. Khan, J.

Dismissed.

For orders, see order of date passed on separate sheets.

Order Date :- 20.8.2011

vkg

Hon'ble S.U. Khan, J.

As delay condonation application has been dismissed today, hence appeal is dismissed as barred by time.

Order Date :- 20.8.2011

vkg