CM No.7525-CI of 2011 and RFA No.3295 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.7525-CI of 2011 and RFA No.3295 of 2011 (O&M) Date of decision: 8.7.2011 Smt. Asha Jairath @ Ashi and others ......Appellant(s) Versus Gram Panchayat Panchkula and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Ajit Malik, Advocate for the appellant(s). Rakesh Kumar Garg, J. (Oral) This appeal has been filed by the appellant against the award dated 2.8.2008 passed by the Additional District Judge (Ad hoc), Fast Track Court, Panchkula in Land Acquisition Case No.86 of 15.12.2004, under Section 18 read with Section 30 of the Land Acquisition Act for apportionment of the compensation in favour of the appellant and other claimants as per Will dated 18.12.1983 executed by their predecessor-in- interest-Sube Singh, who was a co-owner in the acquired land. Along with this appeal, an application for condonation of delay of 939 days in filing this appeal has been filed. The only reason given by the applicant-appellant in this application for condonation of delay is that she was of the impression that the appeal could be filed by all the legal heirs/claimants under the Will of Sube Singh together. However, the other appellants, who are now arrayed as respondents could not join the proceedings and thus, the delay has occurred. The plea taken by the applicant-appellant is not tenable as ignorance of law is no excuse to condone the delay. Moreover, the appellant has clearly admitted that she CM No.7525-CI of 2011 and RFA No.3295 of 2011 (O&M) 2 knew about the decision of the Reference Court dated 2.8.2008 and she had intimated the other claimants asking them to challenge the said award. However, the appellant has not come forward with any explanation as to why such a long delay was taken by her to take decision to file this appeal alone and what prevented her from not filing this appeal earlier as she was very well aware that the appeal is to be filed within limitation. The explanation submitted by the appellant in the application reads thus: “4. That after the decision of the above said references the appellant No.1 intimated the other co- applicants/appellants with regard to challenge the award dated 2.8.2008 passed by learned Additional District Judge (Adhoc) Fast Track Court, Panchkula because the other legal representatives of late Sh. Sube Singh are residing in Delhi and Rajasthan and the appellant No.1 was under the impression that the appeal could be filed by all the appellants and without leaving any of them. 5. That due to certain reasons the other co- appellants of the appellant No.1 could not be get together for filing the accompanying appeal in the Hon'ble High court against the award dated 2.8.2008. it is only on 2nd week of April 2011, the appellants decided to file the accompanying appeal.” The explanation does not make out reasonable cause for condoning the delay. In fact, the appellant has dealt with the findings of appeal in a casual and negligent manner. In view of this, I find no merit in this application and the same is dismissed. CM No.7525-CI of 2011 and RFA No.3295 of 2011 (O&M) 3 Since the application for condonation of delay has been dismissed, the appeal is dismissed being time barred. July 8, 2011 (RAKESH KUMAR GARG) ps JUDGE