Leave granted.

2. These appeals, by Special Leave, are directed against the common judgment

and order dated 22/23.08.2007 of the High Court of Bombay, Bench at Aurangabad allowing the applications filed by the first respondent under Section 5 of the Limitation Act, 1963 (hereinafter referred to as `the said Act) to condone the delay of 1724 days in filing appeals against the award passed by the Civil Judge, Senior Division, Jalgaon in land acquisition cases. The High Court accepted the explanation offered by the respondent no. 1 herein for the apparent inordinate delay in filing the appeals against the award of the Reference Court.

3. Brief facts needed for disposal of these appeals are as under:

4. The lands belonging to the appellants were acquired at the instance of the respondent for a public purpose under the draft Notification published in Maharashtra Government Gazette on 06.03.1997. The Special Land Acquisition Officer, Upper Tapi Project (Hatnur), Jalgaon passed the award dated 31.3.1999. The appellant sought for reference of the said award under Section 18 of the Act seeking enhancement of the compensation. The learned Civil Judge, Senior Division, Jalgaon disposed of the references vide award/judgment dated 9.3.2000 enhancing the compensation over and above the amount fixed in the award passed by the Special Land Acquisition Officer. Be it noted, not only the Special Land Acquisition Officer but the first respondent herein was also impleaded as a party respondent in the land acquisition reference case. The Executive Engineer, Medium Project Division, Jalgaon filed appearance through its counsel but did not lead any evidence though a written statement opposing the claim of enhancement was filed in the Reference Court. On 24.03.2000 the Government Pleader, Jalgaon submitted report and expressed his opinion that it is a fit case for filing the appeal on the grounds stated in the report itself. The Law and Judiciary Department took decision on 13.4.2000 to `acquiesce in the decision of the Reference Court and communicated the same to all the concerned including the first respondent herein who is the beneficiary of the acquisition.

5. It is required to notice that neither the Special Land Acquisition Officer nor the beneficiary of the acquisition raised little finger and objected to the decision taken in the matter. The Special Land Acquisition Officer after about one year vide its letter dated 31.5.2001 addressed the Principal Secretary to Law & Judiciary Department, Government of Maharashtra for reviewing the decision taken regarding acquiesce in the decision of Reference Court in the matter. The government reiterated its decision and expressed its view that under the rules the Joint Secretary Law & Judiciary Department was competent to take appropriate decision in the matter on behalf of the Government and found no reason to review the decision so taken by its Joint Secretary. The Government accordingly informed not only the Special Land Acquisition Officer but also the first respondent that more than one year had elapsed and there were no grounds for condoning the delay in filing the appeals.

6. The beneficiary of the acquisition who is contesting the appeals before us did not take any steps whatsoever after receiving the said communication until 25.2.2005 on which date the appeals were preferred along with the applications to condone the delay of 1724 days except indulging in some correspondence long after expiry of limitation. It is required to notice that the beneficiary of the acquisition made arrangements for the deposit of the decreetal amount to be deposited by the Special Land Acquisition Officer in the Reference Court in May, 2001 itself. Some further amounts towards interest etc. were of course not deposited. The appellant executed the decree and realised the entire money deposited into the court.

7. The High Court having considered the applications filed under Section 5 of Limitation Act condoned the inordinate d