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2022 Supreme(All) 581

SARAL SRIVASTAVA
Rahul Agarwal – Appellant
Versus
Govt. of India Railway Ministry – Respondent


Advocates Appeared:
For the Petitioner: Pankaj Agarwal, Sudhir Bharti.
For the Respondent: C.S.C.

JUDGMENT :

1. Heard Sri Pankaj Agarwal, learned counsel for petitioners and learned Standing Counsel for respondent no.2.

2. The petitioners by means of the present writ petition have assailed the order dated 12.09.2017 passed by District Judge, Alilgarh in Arbitration Misc. Case No.10 of 2014 whereby he has rejected the application of the petitioners under Section 5 of Limitation Act for condoning the delay in filing the application under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act, 1996').

3. The facts in brief are that petitioners claim that they are the owner of Gata No.78/3 situated at village Padiyawali, Tehsil-Koil, District Aligarh. The land was acquired under Railways Act, 1989 as amended in 2008 and a notification was issued under Section 20 (A) and 20 (E) of the Act, 1989. Consequently, an award was made on 18.05.2012 in respect of land of petitioners respondent no.2-Competent Authority/Special Land Acquisition Officer (Joint Organisation), Aligarh.

4. It is stated that though it was mentioned in the award that copy of award shall be dispatched to the tenure holder, but at no point of time, petitioners were ever informed about the aw

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