Sudhir Agarwal, J. - (1.) THIS is an application filed under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963) seeking condonation of delay in filing appeal, which is reported to be barred by time by 272 days. The appeal is directed against the judgment dated 27.5.2002 and decree dated 1.7.2002 passed by Additional District Judge, Court No. 1, Bulandshahar in Land Acquisition Reference No. 89 of 2001. The disputed amount in this appeal is Rs. 1,16,252.17 and the total area of the land of respondents -tenure holders acquired by State is 1 bigha 1 biswa 10 biswanshi.
(2.) HEARD learned Standing Counsel and perused the record. The explanation furnished in the affidavit filed in support of this application is that certified copy of impugned judgment, applied on 3.7.2002, was reported to be ready on 6.7.2002. District Government Counsel received the certified copy on 9.7.2002. In the meantime, Special Land Acquisition Officer sent letters dated 3.7.2002 to District Government Counsel seeking his opinion and to Executive Engineer of acquiring body seeking his consent. The Executive Engineer sent his consent on 8.7.2002 and District Government Counsel sent his opinion on 15.7.2002. Thereafter on 16.7.2002, permission from Government to file the appeal was sought. Reminder dated 3.8.2002 was also sent. The permission was granted on 28.8.2002. However, this appeal has been filed on 4.7.2003, i.e. after more than seven months from the date permission was granted by Government, without giving any justifiable reason therefor.
(3.) HAVING heard learned Standing Counsel and going through the affidavit, in my view, there is no explanation what to say of satisfactory explanation as to why the matter was not taken with due earnest and reasonable expediency.;