Union Of India vs Radheshyam
2023 Latest Caselaw 5830 MP

                                      1
             IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                                  AA No. 3 of 2023
                        (UNION OF INDIA Vs RADHESHYAM AND OTHERS)

Dated : 11-04-2023
      Shri Rajeev Bhatjiwale, learned counsel for the appellant.

      Shri Somesh Gobhuj, learned counsel for the Respondent [R-1].

Heard on I.A. No. 222/2023, an application has been filed under Section 5 of Limitation act for condonation of delay in filing the appeal. This is an appeal filed under Section 37 of the Arbitration and Conciliation

Act, 1996 against the award dated 26.03.2022 passed by the Principal District Judge, District-Barwani whereby an application filed under Section 34 of Arbitration and Conciliation Act 1996 by the land owners has been allowed and amount of compensation has been enhanced.

According to the applicant, all these cases were handed over to Sanju Baghel, Advocate and she did not inform about the final outcome of the case in time. The National Highways Authority of India issued a letter dated 11.10.2022 to her seeking explanation as to why she did not furnish the final award passed by the Court and requested her to hand over the entire files. She did not give

satisfactory reply via email dated 12.10.2022. Thereafter, O.I.C. approached her, collected all the files and thereafter, obtained certified copies and sent proposal for filing appeals before this Court. After getting approval from competent authority, all these appeals have been filed hence there is delay in filing these appeals.

Shri Rajeev Bhatjiwale, learned counsel for the applicant submits that from the date of information this appeal has been filed within 90 days. In support of his contention, he has placed reliance on judgment passed by Apex

Court in the case of Collector Land Acquisition Vs Mst. Katiji & Ors AIR 1987 SC 1353 in which Apex Court has held that it would be difficult to explain each day in filing of appeal.

Learned counsel for the respondent opposes the prayer by submitting that under the provision of Section 5 of Limitation Act the appellant is required to explain delay of each day in filing of this appeal. Application is vague in nature, hence, same is liable to be dismissed.

The Apex Court in the case of Collector Land Acquisition Vs Mst. Katiji & Ors (supra) has held that the Court should adopt liberal approach. There are as many as seven appeals, much time has been consumed to collect the files

and obtain opinion and drafting of appeals etc. In the case of NHAI, is liable to pay enhanced amount of compensation which is public money, therefore, it cannot be held that delay has been caused intentionally in filing of these appeals.

Hence, delay in filing of appeal is hereby condoned. Shri Rajeev Bhatjiwale, learned counsel for the appellant submits that appellant is challenging the impugned award only on limited ground by placing reliance on the judgment passed by Apex Court AIR 2021 SC 3471 (Project Director, National Highways Authority of India Vs. M. Hakeem & Another).

Learned counsel for the respondent is directed to examine the judgment and address the court on the next date of hearing, so that all the appeals may be disposed of at motion hearing stage.

Interim relief to continue till the next date of hearing. I.A. No. 222/2023 stands disposed off.

List in the week commencing 19.06.2023.

(VIVEK RUSIA) JUDGE Vindesh

Digitally signed by VINDESH RAIKWAR Date: 2023.04.12 12:21:14 +05'30'