In an appeal filed before the Supreme Court against an impugned judgment and final order dated 15-10-2025 by a Division Bench of the Gauhati High Court, whereby the Union’s application seeking condonation of 583 days delay in filing the writ appeal was dismissed, a Bench comprising Justice M.M. Sundresh and Justice Prasanna B. Varale set aside the impugned judgment and condoned the delay subject to the appellant paying costs to all respondents.
In the impugned order, the High Court found that the delay had not been sufficiently explained by the Union (appellants). The appellants submitted that the writ appeal involved substantial questions regarding the liability to pay compensation under the supplementary award and that the High Court ought to have permitted the appellant to get the matter examined on merits. On the other hand, the respondents submitted that they were poor villagers/landowners who had been awaiting the benefits under the supplementary award for nearly 17 years.
Proceedings before the Single Judge had culminated into an order directing payment of compensation, and the Division Bench did not examine the matter on merits and confined itself solely on the question of delay in filing. The Court noted that the delay had not been satisfactorily explained and that the respondents had been kept out of benefit of the Single Judge’s order due to delay in filing the writ appeal. Hence, the Court found it appropriate to impose costs on the appellant while condoning the delay.
The Court set aside the impugned judgment and order and condoned the delay subject to the appellant paying a sum of Rs. 10,000/- to all respondents including 257 villagers within six weeks. The writ appeal was directed to be restored to its original number and to be considered by the Division Bench of the High Court on its own merits as per law. Thus, the appeal was allowed.
