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2023 Supreme(SC) 1022

BELA M. TRIVEDI, DIPANKAR DATTA
Sheo Raj Singh (Deceased) Through Lrs. – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Shobha Gupta, AOR Mr. Aditya Ranjan, Adv. Ms. Tarjana Rai, Adv. Ms. Jessy Kurian, Adv. Mr. Chinmoy Pradeep Sharma, Sr. Adv. Ms. Divya Jyoti Singh, AOR Mr. Sultan Choudhary, Adv.
For the Respondent(s): Mr. Sanjib Sen, Sr. Adv.0 Ms. Malvika Kapila, AOR Ms. Radha Gupta, Adv. Mr. Bhavesh Sharma, Adv. Ms. Tanwangi Shukla, Adv.

JUDGMENT :

(Dipankar Datta, J.)

THE CHALLENGE

1. This appeal, at the instance of certain affected landowners, challenges an order dated 21st December 2011 passed by a learned Single Judge of the High Court of Delhi (“High Court”, hereafter). By the order under challenge, the High Court allowed an application filed by the Union of India (“first respondent”, hereafter) under section 5 of the Limitation Act, 1963 (“Limitation Act”, hereafter) and thereby condoned the delay of around 479 days in presentation of an appeal from the decision of the Reference Court under section 18 of the Land Acquisition Act, 1894.

THE ISSUE

2. The limited issue that we are tasked to decide is, whether the High Court was justified in condoning the delay in presentation of the appeal. In the process, we need to necessarily consider whether the first respondent had shown sufficient cause for which the appeal could not be presented within the prescribed period of limitation.

RELEVANT FACTS GIVING RISE TO THE APPEAL

3. The appeal has its genesis in a proceeding for acquisition of land. It is noticed from the materials on record that the Reference Court in LAC No. 198/08, vide its order dated 31st October 2008, enhan


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