JAMES THANGLIANA Vs. DISTRICT COLLECTOR
LAWS(GAU)-2018-11-14
HIGH COURT OF GAUHATI
Decided on November 09,2018

James Thangliana Appellant
VERSUS
DISTRICT COLLECTOR Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) This order will disposed of I.A(C) No. 69/2018, I.A(C) No. 71/2018 and I.A(C) No. 72/2018. Heard Mr. A. R. Malhotra, the learned counsel for the applicants and Mr. Rosangzuala Ralte, the learned Government Advocate, who appears for the State respondents in I.A(C) No. 71/2018 and I.A(C) No. 72/2018. I have also heard Ms. Mary L. Khiangte, the learned Government Advocate, who appears for the State respondents in I.A(C) No. 69/2018.
(2.) By filing these applications, the applicants seek condonation of 331, 349 and 333 days delay respectively in filing the connected L.A Appeals. By referring I.A(C) No. 69/2018, the learned counsel, Mr. A.R. Malhotra submits that the Reference Court by the impugned Judgment & Order dated 03.05.2017 directed the respondent No. 1 to reassess the market value of the land belonging to the petitioners @ Rs. 58 per square feet alongwith 30% as solatium under Section 23(2) of the Land Acquisition Act, 1894 (L.A. Act) and interest @ 12% per annum on the market value of the land under Section 23(1-A) of the same Act. Further, interest in terms of Section 28 and Section 34 of the L.A. Act was also directed to be paid to the petitioners. Pursuant to the said impugned Judgment & Order, the amount as was assessed was deposited and disbursed to the applicants. The counsels for the applicants after analyzing the case of the applicants, recommended filing of an appeal against the impugned Judgment & Order dated 03.05.2017. However, as the counsels did not frequently take up cases in the High Court, they advised the applicants to approach another lawyer. A certified copy of the Judgment & Order was applied for on 29.05.2018 and the same was furnished on 08.06.2018. Thereafter, the applicants approached the present lawyer, who took 20 days time to study and drafted the appeal. Consequently, the appeal was ready for filing with a delay of 331 days.
(3.) By referring to I.A.(C) No. 71/2018, Mr. A.R. Malhotra, the learned counsel submits that after the learned Reference Court vide Judgment & Order dated 03.05.2017 disposed the Reference, the District Collector made the assessment and thereafter, the amount of compensation was sanctioned and paid to the applicants by the respondents. However, the applicants were advised by their lawyers that an appeal can be preferred for enhancement of the market value of the land. But, as the counsels did not frequently appear in the High Court, they advised the applicants to approach another lawyer. Their lawyer therefore, applied for a certified copy of the impugned Judgment & Order on 29.05.2018, which was furnished on 08.06.2018. With the certified copy of the impugned Judgment & Order, the applicants approached their present lawyer, who took about 17 days time to study the case and finalize the appeal. Hence, a delay of 349 days arose in filing the connected appeal.;


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