Law: Land Acquisition Act (I of 1894)

Section: 54 , 5

Land Acquisition Act (I of 1894)--- ----S. 54---Limitation Ac; (IX of 1908), S.5  Acquisition of land-- Enhancement of compensation by Referee Court---Government's appeal against decision of Referee Court was barred by 334 days- --Condonation of delay--justification---Sufficient cause --Government claimed indifference on part of its counsel in Trial Court  Apart from such claim, Government itself appeared to have committed gross negligence to keep itself in touch with progress of case-- Main ground for condonation of delay in both Courts could not be termed as "sufficient cause within scope of S.5, Limitation Act, 1908---1n matter of limitation. Government would be at par with ordinary litigants-- Government also had not explained delay of each day---Case for condonation of delay was, thus, not made out---Appeal was dismissed as time-barred in circumstances. Jhanda v. Maqbool Hussain and others 1981 SCMR 126 rel. Shahzad Akbar Khan for Appellants. ORDER QAZI MUHAMMAD FAROOQ, J.---This painfully time-barred Regular First Appeal is directed against the judgment and decree dated 11-5-1993 of the learned. Senior Civil Judge/Land Acquisition Judge, Swabi whereby in partial modification of the Collector's award the compensation of certain acquired land was enhanced from Rs.39,847. 20 to Rs.1,37,541. 60 per Kanal.   With a view to meet the shortcoming C.M. No.130/94 was filed alongwith the appeal for condonation of delay on the grounds of negligence of the learned counsel who represented the appellants in the trial Court and financial loss to the Government. It was contended by the learned counsel for the appellants that the learned counsel representing the appellants at…