The Special Lao vs Narayana Biruli & Others
2021 Latest Caselaw 11179 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 LAA No.15 of 2021
            The Special LAO,              ....    Appellant
            Subarnarekha Irrigation
            Project, Bahalda
                                 Mr. Gajendra Nath Raut, Advocate

                                    -versus-
            Narayana Biruli & Others      .... Respondents

                                       Mr. B. Pujari, Advocate
                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

01.11.2021 Order No. I.A. No. 25 of 2021

2. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. This application under section 5 of the Limitation Act has been filed by the Appellant for condonation of delay of 298 days in filing this Appeal.

3. The award having been passed by the learned Senior Civil Judge, Rairangpur in LA Misc. Case No. 56 of 2016 on 25.02.2020, in a reference made under section 18 of the Land Acquisition Act, 1894, the present Appeal has been filed on 22.03.2021. Thus there being delay of 298 days in filing the Appeal, the prayer for condonation of delay has been advanced.

4. Upon hearing Mr. G.N. Raut, Additional Standing Counsel appearing for the Appellant and Mr. B. Pujari, learned counsel for the Respondents and on going through the averments taken in the application as well as the objection filed thereto, accepting the explanation as to the existence of

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sufficient cause stated to have prevented the Appellant from filing the Appeal in time, the prayer for condonation of delay is allowed.

5. Accordingly, the I.A. stands disposed of.

                                                        (D.Dash)
                                                         Judge
                                        ORDER
                                       01.11.2021
Order No.                           LAA No.15 of 2021
3.           1.       Heard Mr. G.N. Raut, learned Additional Standing

Cousnel for the Appellant and Mr. B. Pujari, learned counsel for the Respondent. Perused the judgments passed by the courts below.

2. Hearing the concluded.

3. Judgment is reserved.

(D.Dash) Judge

Aks