- (1.) Heard Sri Govind Saran, learned counsel for the appellant-applicant on delay condonation application.
(2.) This appeal is directed against award dated 18.11.2003 given by Additional District Judge, Court No.8, Varanasi on 18.11.2003 in Land Acquisition Reference Case No.253 of 1992 enhancing the compensation of the acquired land. Appeal has been filed on 30.03.2006 with delay of 2 year 29 days. The ground of delay taken in the accompanying affidavit of District Engineer In-charge Eastern Central Railway Dehrionsone is as follows:-
(3.) Deputy Chief Engineer (Construction) East Central Railway Dehrionsone sent the certified copy of the impugned award along with legal opinion to Chief Administrative Officer (Construction) East Central Railway, Patna on 01.01.2004. Thereafter Deputy Chief Engineer sent reminder to Chief Administrative Officer for taking decision on 08.01.2004 and 06.02.2004. Thereafter, Chief Engineer wrote letter on 25.02.2004 to Deputy General Manager (Law), Patna. Thereafter, Assistant Law Officer wrote letter to Chief Engineer on 10.03.2004. Deputy Chief Engineer wrote letter on 08.04.2004 to Chief Administrative Officer. Assistant Law Officer also sent letter on 07.05.2004 to Chief Administrative Officer. Thereafter some more internal communications between different officers ensued on the following dates; 29.06.2006 (para 12), 24.09.2004 (para 13), 06.10.2004 (para 14), 21.12.2004 (para 15). In this letter dated 21.12.2004, the name of the Advocate who would file the appeal was enquired. Assistant Law Officer nominated Sri Govind Saran, learned Standing Counsel - Railway at the High Court for filing the case by order dated 28.12.2004 (para 16). Thereafter, Deputy Chief Engineer wrote letter on 16.02.2005 to Sri Govind Saran regarding filing of the case (para 17). In para 18 it is mentioned that Sri Govind Saran, learned Standing Counsel requested the Deputy Chief Engineer to send the Vakalatnama. It is wonderful that on 16.02.2005 Deputy Chief Engineer had written letter to Sri Govind Saran for filing appeal but he forget to send the Vakalatnama. Thereafter, it is mentioned that further inter departmental communications for completing the formalities took place on 15.04.2005 (para 19) 10.05.2005 (para 20), 27.10.2005 and 09.12.2005 (para 21 ) Rs. 1,000/- as expenses were sanctioned on 13.12.2005.;