Gauhati High Court
Page No.# 1/3 vs Power Grid Corporation Limited on 22 September, 2022
Page No.# 1/3
GAHC010164762018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2748/2018
in
MAC App. No. 699/2018
SMTI RIPA BORO AND 2 ORS
W/O LATE BABUL BORO, R/O VILL. HACHARA (HALOMAL), P.S. SONAPUR,
DIST. KAMRUP (M)
2: SRI JOYDEEP BORO
S/O LATE BABUL BORO
R/O VILL. HACHARA (HALOMAL)
P.S. SONAPUR
DIST. KAMRUP (M)
3: SMT. NILESWARI BOBO
M/O LATE BABUL BORO
W/O LATE DHUTI RAM BORO
R/O NAZARAPAR
GUWAHATI
P.S. CHANDMARI
GUWAHATI 78100
VERSUS
POWER GRID CORPORATION LIMITED
GOVT. OF INDIA ENTERPRISE NORTH EASTERN REGIONAL OFFICE OLD
A.P. SECRETARIAT BUILDING G.S. ROAD, SHILLONG 793001
(MEGHALAYA)
Advocate for the Petitioner : MR. J SARMAH
Advocate for the Respondent : MR A DAS
Page No.# 2/3
-B E F O R E-
HON'BLE THE CHIEF JUSTICE MR. R.M. CHHAYA
22.09.2022
Heard Mr. J. Sarmah, learned counsel for the applicants. Also heard Ms. M. Devi,
learned counsel for the respondent Corporation.
By way of this application filed under Section 5 of the Limitation Act, 1963, the
applicants have prayed for condonation of delay of 1809 days in preferring the
connected appeal.
Mr. J. Sarmah, learned counsel for the applicants/ appellants at the outset
submits that as there is a delay of 1809 days, the applicants would not claim interest
for 1609 days in filing the connected appeal.
Mr. J. Sarmah, learned counsel for the applicants further submits that in order to
see that the applicants get adequate compensation, this Court may take a lenient view
and condone the delay so that the applicants may have an opportunity to redress their
grievance on merits in the appeal.
From the explanation rendered in paragraph Nos. 3 and 4 of the application, it
appears that the applicants were unaware about the judgment and only when the
Advocate came in contact with applicant No.1 accidentally, the Advocate could inform
her about the order and even though the compensation amount was deposited in the
year 2016, the same could be withdrawn only in the year 2018 after coming to know
about passing of the judgment and award.
Considering the averments made in this application and also considering the fact
that the applicants/claimants have a right of just and adequate compensation, the
delay though enormous is required to be condoned, however, with condition.
Following the ratio laid down by the Apex Court in the case of Collector, Land
Page No.# 3/3
Acquisition, Anantnag & Anr. -Vs- Mst. Katiji & Ors., reported in AIR 1987 SC 1353,
in the facts of this case the applicants have been able to establish sufficient cause.
However, it is also to be noted that the respondent Corporation should not be saddled
with liability of interest for a long period of 1809 days. At this stage, Mr. J. Sarmah,
learned counsel for the applicants/appellants states that this Court may take a lenient
view and the applicants are ready and willing to forego interest for 1609 days.
In totality of facts and considering the fact that the applicants have volunteered
not to claim any interest for 1609 days and considering the explanations rendered by
the applicants, though the delay is of 1809 days, considering the fact that the
applicants are claimants in a motor accident claim, which is a benevolent legislation
and as rightly pointed out by Mr. J. Sarmah, learned counsel for the
applicants/appellants, the applicants are entitled to just and adequate compensation,
in the interest of justice and in peculiar facts of this case, delay of 1809 days is hereby
condoned. However, it is provided that the applicants shall not be entitled to any
interest for 1609 days. On this condition, the application is allowed.
Registry to list the connected appeal for 'Admission' hearing on 28.11.2022
before the regular Bench.
Copy of this order be placed in the records of the main appeal.
CHIEF JUSTICE
Comparing Assistant
