Legal Question in Appeals and Writs in India

Government Acquired 16 Acres of our land in 1972 for artificial lake in our village. Government paid compensation in multiple installments with final award was given in 1999. Government did not pay land rental for period from date of possession to date final award. We filed a case against the Dept on 2001 for the land rental and court ruled in our favor in 2006(CNR:MHLA070006732001). Gov-Dept still not paid the compensation as per court order. We again files case against Gov-Dept in 2010(CNR : MHLA080024582010) for non payment of compensation. two months in 2022 court has issued warrant against Gov-Dept. The department initially asked for 2 months of time. now the department officer is saying that they are going to file an appeal. Can gov. appeal after 15 years?

Asked on 1/22/22, 1:13 am

1 Answer from Attorneys

Rajendra Arora Samadhan Consultants

Govt can take a chance to file appeal belatedly with an application for condonation of delay and it is discretion of the Appealate Court to decide that application considering the grounds of delay.You can counter those grounds. Even otherwise also normally such an inordinate delay is not condon unless there is quite convincing grounds, which appears to be lacking in your case,

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Answered on 1/22/22, 10:27 pm

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