The Special Lao vs Baisakhi Biruli & Others
2021 Latest Caselaw 11787 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 LAA No.16 of 2021

            The Special LAO,                  ....         Appellant
            Subarnarekha Irrigation
            Project, Bahalda

                                       Mr. Gajendra Nath Rout, Advocate
                                     -versus-
            Baisakhi Biruli & Others       .... Respondents

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

                                        ORDER

16.11.2021

I.A. No.28 of 2021 Order No.

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

2. Heard.

In view of the payment of the deficit court fee which is hereby accepted; the prayer advanced in this application does not survive for consideration.

The I.A. is accordingly disposed of.

(D. Dash), Judge.

                                        ORDER
                                       16.11.2021
Order No.                          I.A. No. 29 of 2021
3.          1.      This application under section 5 of the Limitation Act

has been filed by the Appellant for condonation of delay of 299 days in filing this Appeal.

// 2 //

3. The award having been passed by the learned Senior Civil Judge, Rairangpur in LA Misc. Case No.35 of 2017 on 24.02.2020, 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 299 days in filing the Appeal, the prayer for condonation of delay has been advanced.

4. Upon hearing Mr. G.N. Rout, Additional Standing Counsel appearing for the Appellant and Mr. B. Pujari, learned counsel for the Respondent 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 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
                                       16.11.2021
Order No.                           LAA No.16 of 2021
4.           1.       Heard Mr. G.N. Rout, learned Additional Standing

Counsel for the Appellant and Mr. B. Pujari, learned counsel for the Respondent. Perused the judgment passed by the court below.

2. Hearing the concluded.

3. Judgment is reserved.

(D.Dash) Judge Aks