Kulamani Meher vs Special Land Acquisition
2022 Latest Caselaw 7144 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                             L.A.A No. 37 of 2022

Kulamani Meher                      .....                                Appellants
                                                       Mr. B.K. Behera, Advocate
                                    Vs.
Special Land Acquisition            .....                               Respondent
Officer, Lower Indra Irrigation
Project, Khariar, Nuapada
                                                                 Mr. G. Rout, ASC

              CORAM: JUSTICE SANJAY KUMAR MISHRA

                                           ORDER

06.12.2022 I.A. No.104 of 2022 & L.A.A. No.37 of 2022 Order No. This matter is taken up through hybrid mode.

02.

2. This Appeal has been preferred against the judgment dated 22.08.2017, passed by the learned Senior Civil Judge, Nuapada in L.A.R Case No.38 of 2011 on 16.08.2022.

3. As per the office note, there is a delay of 2260 days in filing the present Appeal. The reasons indicated in the I.A. for delay in preferring the Appeal are not convincing and that apart, the delay has not been properly explained.

4. In view of the recent judgment/order of this Court in the case of State of Odisha Vrs. Surama Manjari Das (W.P.(C) No.15763 of 2021 dismissed on 16.07.2021), which has been passed relying on the decision of the Supreme Court in the case of The State of Madhya Pradesh Vrs. Bherulal, reported in 2020 SCC Online SC 849, the Appeal deserves to be dismissed on the ground of delay and laches.

5. Accordingly, I.A. as well as Appeal preferred under Section 54 of the Land Acquisition Act, 1894, stand dismissed on the ground of delay and laches.

(S.K. MISHRA) JUDGE

Banita