For vs Mr. T. Chakraborty
2021 Latest Caselaw 709 Tri

                        HIGH COURT OF TRIPURA
                              AGARTALA

                    IA No.1 of 2021 in LA.App 28 of 2021

For Applicant(s)               : Mr. B. N. Majumder, Sr. Adv.
                                 Mr. T. Chakraborty, Adv.
For Respondent(s)              : Mr. U. K. Majumder, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order 13.07.2021

Heard Mr. B. N. Majumder, learned senior counsel assisted

by Mr. T. Chakraborty, learned counsel appearing for the applicant. Also

heard Mr. U. K. Majumder, learned counsel appearing for the

respondent No.1.

None appears for the respondent No.2 despite due notice

from this court.

This is an application under Section 5 of the Limitation Act

for condoning the delay of 606 days in filing the appeal under Section

54 of the Land Acquisition Act, 1894 from the judgment and award

dated 23.05.2019 delivered in case No. MISC (L.A) 02 of 2016 by the

Land Acquisition Judge, Court No.3, West Tripura, Agartala.

Mr. Majumder, learned counsel for the respondent, at the

outset, has submitted that the referring claimant-respondent No.1 will

not oppose such prayer for condoning the delay.

Be that as it may, having perused the reasons assigned for

the delay and having regard to the Covid situation and the decision of

the apex court in Re Cognizance For Extension of Limitation, this court

is of the view that the delay may be condoned. It may be noted that by

virtue of the said decision of the apex court, the limitation stood

extended. The dislocation that has been brought about by the Covid

situation is a material fact provides good cause for condoning the delay.

In the result, the delay is condoned and this application

stands allowed.

JUDGE

Dipak