The Executive Engineer MID, Latur v. The State of Maharashtra & Anr.

FIRST APPEAL STAMP NO.8921 OF 2011 WITH CIVIL APPLICATION NO. 7472 OF 2011 IN FIRST APPEAL STAMP NO.8910 OF 2011 WITH CIVIL APPLICATION NO. 7474 OF 2011 IN FIRST APPEAL STAMP NO.8831 OF 2011 The Executive Engineer MID, Latur APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS Mr.B.R.Surwase, Advocate for applicants Mrs.V.A.Shinde, AGP for the respondent State ....... ....... [CORAM : A.V.POTDAR, J.] DATE: 17 th November 2011 PER COURT: {2} Civil Application No.7468/2011

By these applications, the applicant / acquiring body has prayed for condonation of delay of 1087 days in preferring first appeals. While disclosing the reasons for delay, it is asserted that the delay has been caused due to legal opinion provided to the acquiring body. It is further submitted that the Reference Court has awarded rental compensation contrary to the provisions of the Land Acquisition Act and the ratio laid down in “R.L.Jain V/s Delhi Development Authority” AIR 2004 SC1904.

Recently, the Apex Court has taken a view, in “State of Karnataka versus Y.Moideen Kunhi” AIR 2009 SC 2577, that, “the expression ‘sufficient cause’ as appearing in Section 5 of The Indian Limitation Act, 1963 (in short the ‘Limitation Act’) must receive a liberal construction so as to advance substantial justice as was noted by this court in G.Ramegowda, Major etc. V. The Special Land Acquisition Officer, Banglore (AIR 1988 SC 897), para no.8 of the judgment reads as follows.

The law of limitation is no doubt, the same for a {3} Civil Application No.7468/2011 private citizen as for governmental authorities. Government, like any other litigant must take responsibility for the acts or omissions of its officers. But a somewhat different complexion is imparted to the matter where Government makes out a case where public interest was shown to have suffered owing to acts of fraud or bad faith on the part of its officers or agents and where the officers were clearly at cross- purposes with it.

It is also observed that-

certain cases are classic example where the circumstances are the same, where the excessive lands are involved out of which according to the State some were acquired by the State for the public purpose. The same cannot be rendered ineffective by skillful management of delay in the process of making challenge to the order which prima facie does not appear to be legally sustainable.