AIR 2008 SC (Supp) 1025

Supreme Court Of India

Hon'ble Judge(s): S. H. Kapadia, B. Sudershan Reddy , JJ

( A ) Limitation Act (36 of 1963) S. 5 — Land Acquisition Act (1 of 1894), S. 54 — Condonation of delay — Application for — Wrong statement — Effect — Highly belated appeal by beneficiary of acquisition against award passed in Reference — Wrong statement in condonation application that appellant was unaware about the stand taken by Land Acquisition Officer as well as of impugned judgment and award — Sufficient to reject application without any further inquiry. (Paras1112)

( B ) Limitation Act (36 of 1963) S. 5 — Condonation of delay — Power rests in Court to which application is made — It is, no doubt, discretionary power — But discretion has to be exercised judicially — If discretion is not exercised judicially order becomes susceptible to correction by superior Court. (Paras12)

( C ) Land Acquisition Act (68 of 1894) S. 54 — Limitation Act (36 of 1963), S. 5 — Highly belated appeal — Against award of reference Court — Condonation of delay — Appellant beneficiary informed about decision taken by Govt. to not file appeal — Yet indulging in making representation to Govt. — Filing appeal long after lapse of limitation — Beneficiary thus was not diligent in availing remedy of appeal — Delay not liable to be condoned. (Paras1419)