Law: Land Acquisition Act, 1894

Section: 18

Law: Limitation Act, 1908

Section: 5

Law: Code Of Civil Procedure, 1908.

Section: 151

 Summary

The Regular First Appeal against the modification of land acquisition award was dismissed in limine due to an unexplained delay of 50 days. The appellants (government functionaries) sought condonation of delay under Section 5 of the Limitation Act, 1908, citing late issuance of certified copy and time consumed in obtaining departmental approvals. The Court held that the application failed to disclose material particulars such as dates of seeking and granting approvals and did not explain the delay day-to-day. Relying on recent authoritative precedents, the Court ruled that routine administrative excuses do not constitute “sufficient cause” and that government departments are not entitled to preferential treatment in limitation matters. Consequently, the application for condonation of delay was dismissed, resulting in dismissal of the appeal.

Tag Line 

Routine administrative delays and vague pleas of departmental approvals do not constitute “sufficient cause”; government litigants must strictly explain each day of delay to seek condonation under the Limitation Act.

ORDER;