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Judgment
Aparesh Kumar Singh, CJ
Mr. Bidyut Majumder, learned Deputy SGI, submits that by the impugned order dated 02.04.2025, a delay of 355 days in restoration of Misc. (LA) 01 of 2020 which was disposed of ex parte by the Land Acquisition Court vide order dated 14.12.2023 has been rejected despite sufficient explanation on behalf of the appellant. It is submitted that the Land Acquisition Court enhanced the compensation on reference under Section 18 of the Land Acquisition Act, 1894 from Rs.1.26 lakh per kani to Rs.15 lakh per kani in favour of the claimant in an ex parte proceeding. Appellant could not appear during that period as there was a lockdown operating during the COVID-19 period. The appellant came to know of the ex parte order only on 07.10.2024. By that time certain delay had been occasioned which the appellant sought to explain in its condonation application under Section 5 of the Limitation Act preferred along with the application for restoration of the Misc. LA 01 of 2020 under Order IX Rule 13 of the Code of Civil Procedure. It is submitted that the learned LA Court has rejected the prayer in an erroneous manner. If the delay is condoned and the Misc. LA 01 of 2020 is restored, the appellant would be in a position to contest the reference and adduce all materials in its support to dispel the claim for enhanced compensation by the claimant on reference under Section 18 of the Act.
Issue notice on the respondents under ordinary process and speed post for which requisites be filed within one week.
Notice is made returnable within five weeks.