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Supreme Court of India 2024-04-08 dismissed

BY L.Rs. & ORS vs THE SPECIAL DEPUTY COLLECTOR (LA)

Bench: 2 — Bela M. Trivedi, Pankaj Mithal

In Brief

Land in Andhra Pradesh was acquired in 1989 for the Telugu Ganga Project. Sixteen claimants filed a reference under the Land Acquisition Act seeking higher compensation. Three claimants died during proceedings without heirs being substituted. The reference was dismissed in 1999. Over 20 years later, the heirs of one deceased claimant sought to appeal, claiming they only learned of the decision in 2015. The appeal was barred by limitation (5659 days delay). The High Court refused to condone the delay. The Supreme Court upheld this, holding that although Section 5 of the Limitation Act permits condonation for 'sufficient cause', the discretion is not absolute. Here, negligence, lack of due diligence, and failure to pursue procedural remedies precluded condonation. The petition was dismissed.

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Limitation and Delay Land Acquisition Condonation of Delay Civil Procedure

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