K.N.Singh, J. - (1.) This application under Section 5 of the Limitation Act has been made by the National Thermal Power Corporation through the General Manager, Singrauli Thermal Power Project, Shakti Nagar, Mirzapur, for condonation of delay in filing the appeal against the judgment and decree of the District Judge, Mirzapur, dated 19-9-1979 enhancing compensation payable to the respondents Nos. 1 to 4.
(2.) The State Electricity Board, Uttar Pradesh required land for construction of a Thermal Power Station in the District of Mirzapur. On its request the State Government issued notification under Section 4 (1) of the Land Acquisition Act, 1'894, proposing to acquire about 1,412,02 acres of land situated in 16 villages in the District Mirzapur. On 19-10-1976 a notification under Section 6 of the Land Acquisition Act was issued for the purpose of construction of 2000 Megawatt Super Thermal Power Station at Kota and for construction of metal road from. Bina to Power Station site in the district of Mirzapur by the U. P. State Electricity Board. The appellant is a State undertaking registered under the Companies Act, of which all the shares are held by the President of India. The Corporation was incorporated in November. 1975, its main object is construction of larger size Thermal Power Station and associate transmission lines in the Central Sector. Somewhere in December, 1976 the State Government and the State Electricity Board both agreed to transfer the construction of the proposed Thermal Power Station along with the entire project to the corporation. Under the agreement, the compensation for the land acquired in pursuance of the aforesaid notification was to be paid by the appellant corporation.
(3.) On 17th January, 1978, the Special Land Acquisition Officer, Varanasi, after considering the objection of the affected land owners made his award under which respondents Nos. 1 to 4 who are real brothers were awarded a sum of Rs. 2,47,852.09 as compensation for an area of 145 bighas 18 biswas of their land acquired for the purpose of the said project. After the award the possession of the land was entrusted to the appellant corporation on 19-1-1978. Respondents Nos. 1 to 4 were not satisfied with the amount of compensation awarded to them, they made application before the Collector for making reference to the District Judge under Section 18 of the Act. The Collector made the reference to the District Judge, Mirzapur. Reference proceedings were taken before the District Judge. The Collector, Mirzapur was party to those proceedings. The appellant corporation was not a party to those proceedings and no notice was issued to it and it did not take any part in the proceedings, even though the District Judge was aware that the appellant corporation was interested as the project was being carried out by, it and it was liable to pay compensation. The District Judge, Mirzapur, by his judgment dated 19-9-1979 enhanced the compensation awarded to the respondents No. 1 to 4 in all the District Judge awarded a sum of Rs. 11,26,672 as compensation for the land, together with trees, houses and well standing on the land. He further directed that the respondents should be paid interest at the rate of 6 per cent from the date of delivery of possession to the date of actual payment. The Collector, Mirzapur, who was party to the proceedings did not file appeal before this court against the judgment and decree of the District Judge, dated 19-9-1979 instead the appellant corporation filed appeal against the order of the District Judge before this court in accordance with Section 54 of the Land Acquisition Act read with Section 96 of the Civil Procedure Code. The appeal was presented to this court on 22-4-1980 with a delay of 120 days. The appellant corporation has filed this application for condonation of delay in filing the appeal.;