Dhannu And 3 Others vs New Okhla Industrial Development ...
2023 Latest Caselaw 4343 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 414 of 2021
 

 
Applicant :- Dhannu And 3 Others
 
Opposite Party :- New Okhla Industrial Development Authority Noida And Another
 
Counsel for Applicant :- Shri Krishna Mishra
 
Counsel for Opposite Party :- Shivam Yadav
 

 
Hon'ble Surya Prakash Kesarwani,J.

Heard Sri Ajay Mishra, holding brief of Sri S.K.Mishra, learned counsel for the applicant on Delay Condonation Application.

Stamp reporter has reported that the Review Application has been filed beyond limitation by 980 days for review of the judgment and order dated 11.2.2019 in F.A. No.356 of 2005 (Dhannu and Others Vs. Noida And Another).

The entire affidavit filed in support of Delay Condonation Application, is reproduced below :

"1. That the deponent is the appellant No.4 and pairokar of the other appellants and as such he is fully acquainted with the facts deposed to below:-

2. That the Appellants filed the Special Leave Petition before the Hon'ble Supreme Court that was registered as Case Diary No. 618 of 2021 and same being decided on 22.10.2021 then thereafter the appellants filing the review application in the aforesaid case.

3. That the applicants the land same being acquired, they are farmers and not educated persons, they have taken legal advice from the learned counsel doing the practice before the Hon'ble Supreme Court, his counsel same being advise to file review application before the Hon'ble Allahabad High Court against the same judgment, then thereafter the applicants filing the same application.

4.That it is just and expedient in the interest of justice that this Hon'ble Court may graciously be pleased to allow the application and condone the delay if any in filing the review application in the aforesaid first appeal, or be pleased to pass such other and further orders as this Hon'ble Court may deem fit and proper to meet the ends of the justice."

The S.L.P. filed by the applicant herein to challenge the aforesaid judgment and order dated 11.02.2019, passed in F.A. No.356 of 2005 was dismissed as withdrawn by order dated 22.10.2021 passed by Hon'ble Supreme Court.

Perusal of the affidavit accompanying the Delay Condonation Application shows that the applicant has completely failed to offer any acceptable explanation for long delay of 980 days in filing the Review Application.

In view of the aforesaid, the Delay Condonation Application is rejected. Consequently, the Review Application also stands dismissed.

Order Date :- 10.2.2023/vkg