Central Coalfields Limited vs Mohan Mahto and Others

Heard learned counsel for the appellant. No body appeared on behalf of Respondent no. 1 to 10 even after service of notice, as per the office report.

Learned counsel for the appellant submitted that there was delay of 65 days. However, the Office pointed out that delay is of 135 days. It is submitted that in the land acquisition matter award of Rs. 1050/- per decimal which is the highest award and minimum award of Rs. 32.81 per decimal has been passed, which has been enhanced to Rs. 4000/- per decimal by the Civil Court irrespective of the nature of the land. Therefore, in the facts and circumstances as explained by the appellant, the learned Single Judge should have condoned the delay, even it was of 65 days or 135 days. It is submitted that because of the administrative exigency only this delay was caused.

In view of the fact that in land acquisition matter in place of different rate awarded for different lands a flat rate has been awarded then the matter was referred to the legal department of the appellant-company and after obtaining this legal opinion they preferred appeal, which caused delay, then the delay should have been condoned.

Consequently, this appeal is allowed and impugned order dated 29th July, 2011 passed in First Appeal No. 50 of 2008 is set aside and delay in filing the First Appeal no. 50 of 2008 is condoned.

First Appeal No. 50 of 2008 be placed before the appropriate Bench hearing the First Appeal.