Gopinath Bordoloi International ... vs Md. Bhalehu Sheikh And 2 Ors
2023 Latest Caselaw 1578 Gua

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GAHC010091762018




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : I.A.(Civil)/1555/2018

            AIRPORT AUTHORITY OF INDIA
            CONSTITUTED UNDER THE PROVISIONS OF AIRPORT AUTHORITY OF
            INDIA ACT 1994(AMENDMENT 2003) HAVING ITS OFFICE AT LOKAPRIYA
            GOPINATH BORDOLOI INTERNATIONAL AIRPORT REPRESENTED BY
            AIRPORT DIRECTOR, LGBI AIRPORT, GUWAHATI



            VERSUS

            MD. BHALEHU SHEIKH and 2 ORS,
            S/O NOT KNOWN, R/O VILL. GARAL, MOUZA RAMCHARANNI, DIST.
            KAMRUP, ASSAM, PIN 781017

            2:THE STATE OF ASSAM

             REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM
             REVENUE (LR) DEPTT.
             DISPUR
             GUWAHATI-06

            3:THE DIST. COLLECTTOR

             KAMRUP
             ASSAM

Advocate for the Petitioner   : MR.S BORTHAKUR

Advocate for the Respondent : GA, ASSAM
                                                                             Page No.# 2/3

            Linked Case : LA.App./21/2018

           AIRPORT AUTHORITY OF INDIA
           CONSTITUTED UNDER THE PROVISIONS OF AIRPORT AUTHORITY OF
           INDIA ACT 1994(AMENDMENT 2003) HAVING ITS OFFICE AT LOKAPRIYA
           GOPINATH BORDOLOI INTERNATIONAL AIRPORT REPRESENTED BY
           AIRPORT DIRECTOR
            LGBI AIRPORT
            GUWAHATI


            VERSUS

           MD. BHALEHU SHEIKH and 2 ORS

           S/O NOT KNOWN
           R/O VILL. GARAL
           MOUZA RAMCHARANNI
           DIST. KAMRUP
           ASSAM
           PIN 781017

           2:THE STATE OF ASSAM

           REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM
           REVENUE (LR) DEPTT.
           DISPUR
           GUWAHATI-06
           3:THE DIST. COLLECTTOR

           KAMRUP
           ASSAM.
           ------------
           Advocate for : MR.S BORTHAKUR
           Advocate for : GA
           ASSAM appearing for MD. BHALEHU SHEIKH and 2 ORS


                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                  ORDER

21.04.2023

Heard Mr. R. Dubey, learned counsel for the applicant; Ms. M.D. Choudhury, learned counsel for the opposite party no. 1; Ms. P.R. Mahanta, learned Sanding Counsel, Revenue Page No.# 3/3

Department for the opposite party no. 2; and Mr. K.K. Bhattacharya, learned Junior Government Advocate, Assam for the respondent no. 3.

The instant interlocutory application has been preferred by the applicant under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 73 days occurred in preferring the connected appeal, L.A. Appeal no. 21/2018 under Section 54 of the Land Acquisition Act, 1894 [since repealed] against a judgment and order dated 30.05.2015 passed in Reference Case no. 179/2001, arising out of L.A. Case no. 27/1995.

I have gone through the statements and averments made in the interlocutory application, more particularly, the paragraph 3 & 4 thereof, wherein the explanations for delay occurred in preferring the connected appeal have been provided. The learned counsel for the opposite parties have submitted that they have no objection if the delay of 73 days in preferring the connected appeal is condoned. Having gone through the statements and averments made in the interlocutory application, this Court is of the considered view that applicant has been able to show good and sufficient reasons for condoning the delay of 73 days in preferring the connected appeal. Moreover, there is no objection from the opposite parties. Accordingly, the interlocutory application is allowed.

Office to list the connected appeal, L.A. Appeal no. 21/2018 on 27.04.2023.

JUDGE

Comparing Assistant