- (1.) Let this application be treated as on day's list. After hearing the learned counsel for the parties and after going through the explanation given in this application, we are satisfied that sufficient cause has been made out in the application for not preferring the appeal within the period of limitation. We, thus condone the delay of 13 days in preferring the appeal.
(2.) The application is, thus allowed.
(3.) Instead of disposal of the application, we propose, to here out the appeal itself by treating it as on day's list. This appeal is at the instance of State of West Bengal and is directed against an order dated 17th November, 2009 passed by a learned Single Judge by which His Lordship directed the State of West Bengal to immediately initiate proceeding for compensation for acquisition of the writ petitioner's land and to declare Award and pay compensation in accordance with Award. It was further ordered that in if the requiring body not provide the requisite fund for payment of compensation, in that event, the Secretary, Land and Land Reforms Department, Government of West Bengal, should make necessary fund available. The Collector was further ordered to pay a sum Rs. 20,000/- as costs.;