Re.: I.A. No. 01 of 2022 This interlocutory application has been filed for condoning the delay in filing the instant appeal.

2. Learned counsel for the appellant submits that the instant appeal has been filed under Section 74(1) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013). It is submitted that this instant appeal has been filed after 60 days of passing of the Award.

3. Before dealing with the limitation matter, it is Patna High Court FA No.65 of 2021(10) dt.05-09-2023 2/4 necessary to deal Section 74 of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Settlement Act, 2013, which reads as follows:-

section (1) shall be heard as expeditiously as possible and endeavour shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court.

Explanation.--For the purposes of this section, ― High Court‖ means the High Court within the jurisdiction of which the land acquired or proposed to be acquired is situated."

4. Learned counsel for the appellants submits that Patna High Court FA No.65 of 2021(10) dt.05-09-2023 3/4 the appellant, after passing of the Award applied for certified copy of the Award dated 04.04.2019 and the Award was prepared on 09.04.2017. The requisites for certified copy of the judgment and Award was filed on 11.04.2019, which was supplied by the Office on 18.04.2019, the time consumed in obtaining the certified copy is 8 days. Thereafter, the appellant got seriously ill and after convalescing for two months recovered from the illness. After recovery from the illness, the appellant contacted his counsel and soon after, filed the instant appeal on 27.06.2019, which is within 60 days from the period provided under proviso to Section 74 of the Act of 2013.

5. Learned counsel for the appellant further submitted that earlier on wrong advice, a Miscellaneous Appeal was filed, which was converted into First Appeal vide order dated 06.10.2021.

6. Considering the aforesaid fact and circumstances of the case and averments made in this application, I.A. No. 01 of 2022 is allowed and delay in filing the instant appeal is condoned.

6. The Office is directed to place this case before Lawazima Board for its admission and thereafter, list this case Patna High Court FA No.65 of 2021(10) dt.05-09-2023 4/4 along with First Appeal No. 229 of 2019.

(Khatim Reza, J) Shanu/-