[Cites 2, Cited by 0]
Uttarakhand High Court
FA/85/2019 on 2 April, 2026
Office Notes,
reports, orders
SL. or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
FA No.85 of 2019
Hon'ble Siddhartha Sah, J.
Heard Mr. V. K. Kaparuwan, learned counsel for the appellant
and Mr. S. K. Shandilya, learned counsel for the respondent.
2. The present appeal has been preferred by the appellant against
the judgement and order dated 16.11.2027 passed by learned First
Additional District Judge, Haridwar in Land Acquisition Reference
Case No.49 of 2014, 'Sumit vs. State of Uttarakhand & Anr.',
whereby the learned Additional District Judge, Haridwar has allowed
the reference of respondent and set-aside the award dated 11.10.2012
passed by the Special Land Acquisition Officer, Haridwar in Case
No.65 of 2009-10.
3. The present appeal is delayed by 454 days. The cause for the
delay has been explained in the affidavit filed in support of the delay
condonation application. In the said affidavit, it has been stated that
after the order dated 16.11.2017, the copy of the same was applied by
the appellant, which was delivered on 11.12.2017. The copy of the
judgment and order was sent to the higher authorities and the same
was scrutinized and obtained the legal opinion of the counsel of the
department. The departmental authorities after perusing the record of
the matter and finding of the reference court has decided to challenge
the judgment and order of reference court before this Hon'ble Court.
The aforesaid departmental process took a considerable time,
therefore, the delay is caused in filing of appeal. The delay in filing of
appeal is not wilful or deliberate but bonafide.
4. Per contra, learned counsel for the respondent opposed the
delay condonation application on the premise that there is no
sufficient cause for explaining such a long delay and thus, the delay
condonation application deserves to be rejected.
5. Since the present appeal arises out of the judgment and order
dated 16.11.2017, whereby Land Acquisition Reference Case No.49
of 2014 has been decided against the appellant, hence the matter
needs to be adjudicated finally.
6. In such view of the matter, the delay condonation application is
allowed, the delay of 454 days in filing the appeal is hereby
condoned, subject to the cost of `5,000/- to be deposited by the
appellant to the High Court Bar Association, Nainital within a period
of three weeks from today.
7. The appeal is treated to be filed within time. Since it is a
regular appeal.
8. Admit.
9. Call for T.C.R.
10. Heard the learned counsel for the parties on the Stay
Application No.6584 of 2019)
11. The stay application has been filed by the appellant seeking
staying the effect and operation of the judgment and order dated
16.11.2017 passed by learned First Additional District Judge,
Haridwar.
12. In view of the provisions of Order 41 Rule 5 CPC, the
execution of the impugned judgment/decree dated 16.11.2017 passed
by learned First Additional District Judge, Haridwar is stayed till the
next date of listing, subject to deposit the entire decretal amount
before the Registry of this Court within a period of four weeks.
13. List this matter on 18.06.2026.
14. Urgency application (IA No.6589 of 2026) stands disposed of
accordingly.
(Siddhartha Sah, J.)
02.04.2026
Akash
