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2024 Supreme(SC) 322

BELA M. TRIVEDI, PANKAJ MITHAL
Pathapati Subba Reddy (Died) By L. Rs. – Appellant
Versus
Special Deputy Collector (LA) – Respondent


Advocates appeared:
For the Petitioner(s): Mrs. Madurima Tatia, Adv. Mr. V. Sridhar Reddy, Adv. Mr. Abhijit Sengupta, AOR Mr. Rohit Jaiswal, Adv.
For the Respondent(s): Mr. Santosh Krishnan, AOR Mr. Girish Chowdhary, Adv. Ms. Sonam Anand, Adv. Ms. Deepshikha Sansanwal, Adv. Mr. S.L. Soujanya, Adv. Mr. Shaik Mohammed Haneef, Adv.

Judgement Key Points

How to apply the Limitation Act to condone delay under Section 5 in land acquisition appeals? What is the proper balance between Section 3 (strict bar on limitation) and Section 5 (discretionary condonation) in condoning delay? What are the grounds and limitations for condoning inordinate delay in filing appeals challenging Land Acquisition references and references dismissed on limitation?

Key Points: - The law of limitation is founded on public policy and aims to end litigation; appeals filed beyond prescribed periods are generally barred (!) (!) (!) (!) . - Section 3(1) mandates dismissal of suits, appeals or applications filed after the prescribed period, with exceptions only under Sections 4-24, notably Section 5 for condonation upon "sufficient cause" (!) (!) (!) . - Condonation is discretionary, may be refused based on factors like inordinate delay, negligence, lack of due diligence, and cannot be guaranteed by parity with other cases (!) (!) (!) (!) (!) . - Liberal interpretation of "sufficient cause" must be balanced against the rigid, mandatory nature of Section 3 and the statutory framework; mere reliance on relief in other matters is not sufficient (!) (!) (!) . - In the present case, High Court's refusal to condone 5659 days delay was upheld; SLP dismissed, emphasizing lack of due diligence and deviation from precedent that favors strict adherence to limitation statutes (!) (!) (!) . - Prior cases cited (Dhiraj Singh, Imrat Lal, Basawaraj, etc.) illustrate conflicting approaches, but the Court reiterates that condonation cannot be granted solely on analogies or leniency in other petitions; must satisfy "sufficient cause" with adherence to statutory aims (!) (!) (!) (!) .

How to apply the Limitation Act to condone delay under Section 5 in land acquisition appeals?

What is the proper balance between Section 3 (strict bar on limitation) and Section 5 (discretionary condonation) in condoning delay?

What are the grounds and limitations for condoning inordinate delay in filing appeals challenging Land Acquisition references and references dismissed on limitation?


JUDGMENT :

(Pankaj Mithal, J.) :

1. Some land in village Gandluru, District Guntur, Andhra Pradesh was acquired some time in 1989 for Telugu Ganga Project. Not satisfied by the compensation offered under the award, the claimants (16 in number) preferred a reference under Section 18 of Land Acquisition Act (hereinafter for short the ‘Act’) i.e., L.A.O.P. No. 38 of 1990 titled Juvvala Gunta China Chinnaiah (dead) and Ors. vs. Special Deputy Collector (Land Acquisition) Telugu Ganga Project, Podalakur at Nellore. Out of the 16 claimants in the above reference, claimants No. 1, 3 and 11 died during the pendency of the reference before the Court of Addl. Senior Civil Judge, Gudur. No steps were taken to substitute the heirs and legal representatives of the above deceased persons. The said reference was dismissed on merits along with some other references vide common judgment and order dated 24.09.1999 upholding the award of the collector.

2. After the lapse of more than 5/6 years, an appeal was proposed to be filed in the High Court Under Section 54 of the Act challenging the dismissal of the reference. The said appeal was proposed to be filed only by some of the heirs and legal represen

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