Sudhir Agarwal, J. - (1.) HEARD learned Standing Counsel for the applicant -appellant and perused the record.
(2.) THIS is an application seeking condonation of delay in filing the appeal which is reported to have been filed with a delay of 3 years and 99 days. The appeal is directed against judgment and order dated 07.11.2000 passed by VIth Additional District Judge, Bijnor in Land Acquisition Reference No. 120 of 1998. The disputed amount in this appeal is only Rs. 43,400.37 against the land of respondents -tenure holder, acquired by the State. In the affidavit accompanying to delay condonation application it is stated that the D.G.C. (Civil) applied for certified copy of the judgment on 16.07.2000, the same was received on 02.12.2000 and it was sent to the office of Special Land Acquisition Officer on 09.01.2001. Vide letter dated 11.01.2001 the records were sent to concerned department seeking its opinion and the same has been received to the office of Special Land Acquisition Officer on 17.01.2001. Thereafter the District Magistrate, Bijnor sent letter dated 16.03.2001 to State Government seeking permission to file appeal. Reminders dated 09.11.2001, 08.04.2002, 27.11.2002 and 21.04.2003 were also sent to Government for grant of permission to file appeal. However, the State Government granted permission to file appeal vide order dated 23.08.2003, which was received in the office of Special Land Acquisition Officer on 09.09.2003, i.e., after about two and half years, without giving explanation therefor. The entire explanation apparently is perfunctory, shallow and shows sheer recklessness on the part of authorities concerned. It appears that they were under an impression that with whatever delay they may file appeal the Court should condone the same as a matter of right even if they have not been careful enough in prosecuting the case.
(3.) IT is true that when State is a party, and file appeal with some delay, it may deserve some leverage for official hierarchical steps for permission etc. but a wholly unexplained, reckless and negligent approach of delay cannot be overlooked particularly when it is not the case of applicants that they have taken any action against erring individual.;