Himachal Pradesh High Court
Collector Land Acquisition And Others vs . Sanjay Kumar on 13 April, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
Collector Land Acquisition and others vs. Sanjay Kumar .
CMP(M) No.526 of 2021 13.04.2022 Present Mr. Sudhir Bhatnagar and Mr. Arvind Sharma, Additional Advocate Generals with Mr. Narender Thakur, Deputy Advocate General, for the appellants.
Mr. Loveneesh Kanwar, advocate for the respondents.
By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicants/appellants for condonation of delay in filing the accompanying appeal. Reply to the application stands filed, wherein prayer made on behalf of the applicants/appellants for condonation of delay has been opposed on the ground that the delay has been not explained properly.
However, having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor deliberate, rather same has occurred on the account of the length administrative process and as such, delay of one year three months in filing the appeal, which in my considered view has been sufficiently explained, is condoned. The appeal be registered. The application stands disposed of.
RFA No.__________of 2022 Admit.
Issue post admission notice. Mr. Loveneesh Kanwar, Advocate, appears and waives post admission ::: Downloaded on - 13/04/2022 20:16:58 :::CIS notice on behalf of the respondents. Record of learned court .
below be called for.
CMPST No.11548/2021Subject to the appellants depositing the entire awarded amount along with up-to-date interest, within a period of six weeks from today, operation of the impugned award dated 14.09.2018, passed by learned Additional District Judge(II) r Mandi, District Mandi, H.P.(Sarkaghat Court), in LAC Petition No.15/16/2013, titled as Sanjay Kumar and others Versus Collector Land Acquisition & others, shall remain stayed. Application stands disposed of.
Copy dasti.
Sandeep Sharma) Judge 13th April, 2022 (shankar) ::: Downloaded on - 13/04/2022 20:16:58 :::CIS