SHEO RAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE CHALLENGE : This appeal, at the instance of certain affected landowners, challenges an order dtd. 21/12/2011 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 sec. 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 sec. 18 of the Land Acquisition Act, 1894.

(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.

(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 dtd. 31/10/2008, enhanced compensation payable to the landowners. Such order was sought to be challenged by the first respondent in an appeal before the High Court on 2/6/2010, numbered as LA. App. No. 655/2010. Since the appeal was time barred (delayed by 479 days), the first respondent applied for condonation of delay.