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Supreme Court of India 2023-10-09 dismissed

THROUGH LRS. & ORS vs UNION OF INDIA & ANR

Bench: 2 — Bela M. Trivedi, Dipankar Datta

In Brief

This appeal challenges a High Court order condonating the Union of India's delay of 479 days in filing an appeal in a land acquisition matter. The Court upheld the condonation, holding that while discretionary power to condone delay must depend on sufficiency of cause and acceptability of explanation (not delay length), an appellate court should not interfere unless the lower court's order is clearly wrong. The Court emphasized that in cases involving the State, a pragmatic, justice-oriented approach should apply, recognizing inherent bureaucratic procedures. However, the explanation must be genuine, not mere excuse, and condonation should not occur where it causes grave prejudice or where hidden forces seek to prevent meritorious claims from higher scrutiny. Appeal dismissed.

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Limitation Act Land Acquisition Condonation of Delay Discretionary Powers Administrative Law Civil Procedure

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