Union Of India vs Suresh Majhi And Another
2023 Latest Caselaw 14516 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                              LAA No.24 of 2019

Union of India                        .....                              Appellant
                                                                    Mr. S. Swain,
                                                            Senior Panel Counsel
                                      Vs.
Suresh Majhi and another              .....                            Respondents
                                                              Mr. S. Rath, ASC
                                                  Mr. M.K. Mohapatra, Advocate
                                                             (Respondent No.1)

                   CORAM: JUSTICE SANJAY KUMAR MISHRA
                                             ORDER

13.11.2023 I.A. No.173 of 2019 and LAA No.24 of 2019 Order No. The matter is taken up through hybrid mode.

10.

2. Heard learned Counsel for the Parties.

3. As per the Office Note, there is a delay of 395 days in preferring the present Appeal.

4. Mr. Swain, learned Counsel for the Appellant, drawing attention of this Court to the Affidavit filed on 02.12.2020, which has been filed in addition to the stand taken in the I.A. to explain the delay submit, the delay caused in preferring the present Appeal was neither intentional nor deliberate and because of the reasons detailed in the I.A. as well as Additional Affidavit.

5. Mr. Swain further submits, in the impugned judgment, the Referral Court has enhanced the compensation amount from

Rs.1,75,167/- to Rs.13,54,425/-, which around 8 times more than what the Land Acquisition Officer had awarded in favour of the present Respondent No.1 without any cogent reason. Mr. Swain submits, in view of such enhancement of the compensation amount, if the present Appeal is dismissed on technical ground of delay and laches, the additional financial burden has to be borne from the State Exchequer.

6. Mr. Mohapatra, learned Counsel for the Respondent No.1, relies on the judgments of this Court in State of Odisha v. Sumitra Das & others (W.P.(C) No.10122 of 2021) and the apex Court in Office of the Chief Post Master General & Ors. Vrs. Living Media India Ltd. & Anr. reported in (2012) 3 SCC 563 in support of his objection to the application for condonation of delay. As has been pleaded in Paragraph-4 of the Affidavit filed by the Appellant, Mr. Mohapatra, relying on the said averments submits, despite recommendation of the Special Land Acquisition Officer, Bhawanipatna not to prefer Appeal against the impugned Order passed by the Referral Court in L.A.R. No.2 to 2014, this Appeal has been preferred by the Union of India. Accordingly, he presses for dismissal of the Appeal on the ground of delay and laches.

7. Taking into consideration the averments made in the I.A. as well as objection to the I.A. so also submissions of the learned Counsel for the Parties, this Court is inclined to condone the delay, subject to payment of cost of Rs.10,000/- (Rupees ten thousands) only. The said cost be paid to the Counsel for Respondent No.1 within four weeks hence in shape of Demand Draft to be drawn in the name of the Respondent No.1. The said

D.D. be handed over to the Counsel for the private Respondent No.1 within the said period.

8. Needless to mention here that if the cost is not paid within the time granted, the I.A. as well as Appeal shall stand dismissed without further reference to the Bench.

9. The I.A. stands disposed of.

(S.K. MISHRA) JUDGE LAA No.24 of 2019

10. Matter be listed under the heading "Fresh Admission" on 19.12.2023, subject to payment of cost, as ordered in I.A. No.173 of 2019.

(S.K. MISHRA) JUDGE

padma

Signature Not Verified Digitally Signed Signed by: PADMA CHARAN DASH Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 16-Nov-2023 09:49:34