Gopinath Bordoloi International ... vs Sri Rama Kanta Baruah And 2 Ors
2023 Latest Caselaw 131 Gua

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GAHC010049552017




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

                                Case No. : I.A.(Civil)/3699/2017 in
                                           L.A. App./14/2017

            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

            SRI RAMA KANTA BARUAH and 2 ORS
            S/O NOT KNOWN, R/O VILL. GARAL, MOUZA RAMCHARANI, 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. COLLECTOR

             KAMRUP
             ASSAM

Advocate for the Petitioner   : MR.H NATH

Advocate for the Respondent :
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                               BEFORE
              HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

09.01.2023

This is an application for condonation of delay of 60 days which has been filed in connection with the appeal preferred against a judgment & decree dated 30.05.2015 and 04.12.2015 in LA Case No. 27/95 by the Addl. District Judge No. 1, Kamrup (M).

By the impugned judgment, the compensation has been enhanced in a reference made in the L.A. Case.

I have heard Shri R. Dubey, learned counsel for the Airport Authority of India - applicant, Shri M. Baruah, learned counsel for the private respondent, Ms. K. Phukan, learned State Counsel and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department.

Shri Dubey, the learned counsel has referred to the averments made in paragraph

- 4 of the application to explain the delay of 60 days.

The learned counsel for the respondents however submits that even if the delay is condoned, there is nothing on merits on the part of the applicant-appellant to maintain the appeal.

Be that as it may, keeping the settled law into consideration that a delay condonation petition needs to be considered in a pragmatic and justice oriented approach, the present application is allowed and the delay in preferring the appeal of 60 days is condoned.

Interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant