9911796707
TMI Blog2024 (5) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... f whether sufficient cause has been made out; and second, whether such cause has been shown for not filing the appeal/application within the prescribed period . While there is no arithmetical formula, through decades of judicial application, certain yardsticks for judging the sufficiency of cause for condonation of delay have evolved. Mere good cause is not sufficient enough to turn back the clock and allow resuscitation of a claim otherwise barred by delay. The court ought to be cautious while undertaking such an exercise, being circumspect against condoning delay which is attributable to the applicant - Causes arising after the culmination of the limitation period, despite being sufficient in substance, would not suffice for condonation given this second prong of Section 5 of the Limitation Act. However, the applicant shall not be required to prove each day s delay till the date of filing such appeal/application. Suppression of facts by the landowners - HELD THAT:- The respondent-landowners have not been called upon to refute or admit the allegations of concealment of facts attributed to some of them. Similarly, it is not asked the appellants to produce original records and docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TION ANR. VERSUS HARAKCHAND MISIRIMAL SOLANKI ORS. [ 2014 (1) TMI 1643 - SUPREME COURT] , this could not be an impediment for filing SLPs on time. Had it been so, this Court would not have had the opportunity to reconsider Pune Municipal Corporation and SREE BALAJI NAGAR RESIDENTIAL ASSOCIATION VERSUS STATE OF TAMIL NADU ORS [ 2014 (9) TMI 941 - SUPREME COURT] . That apart, some of the cases which are part of this batch belies the appellants stance. Instead, it is likely that the appellants took a careful, considered and conscious call of not agitating their claims as they perceived their chances of success to be bleak. Public interest and justice - HELD THAT:- The impact of not condoning the delay would thus be three-fold, which taken altogether make a compelling case for condonation of delay: one, there will be significant harm to the public at large by way of delayed infrastructure, in addition to financial loss to the public exchequer; second, the comparative benefit to landowners would not be substantial given that no indefeasible rights have been vested with them as the lis has not yet acquired quietus in most cases; and third, the matter would still not attain finality as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rising out of Diary No. 8523 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.16350 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.16351 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.16352 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.16353 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.16016 OF 2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.28439 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No. 30446 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .OF 2024] [Arising out of Diary No.28683 OF 2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.30102 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.30103 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.31862 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.31868 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.31869 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.32414 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP (C) No.32415 OF 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C)NO.4251 OF 2020]; MA NO. 804/2020 IN D No. 8569/2019; MA NO.629/2020 IN D No. 8538/2019; MA NO. 627/2020 IN D No. 8550/2019; MA NO. 628/2020 IN D No.21269/2019; MA 700/2020 IN D No. 8562/2019, CIVIL APPEAL NO. .......OF 2024 [Arising out of SLP(C) No. 14308/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. OF 2024] [Arising out of Diary No. 23683 OF 2020], CIVIL APPEAL NO... .OF 2024 [Arising out of SLP(C) No. OF 2024] [Arising out of Diary No. 24250 OF 2020], CIVIL APPEAL NO... .OF 2024 [Arising out of SLP(C) No. OF 2024] [Arising out of Diary No. 24253 OF 2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. OF 2024] [Arising out of Diary No. 24368 OF 2020], CIVIL APPEAL NO. .. OF 2024 [Arising out of SLP(C) No. OF 2024] [Arising out of Diary No. 24491 OF 2020], CIVIL APPEAL NO. .. OF 2024 [Arising out of SLP(C) No. OF 2024] [Arising out of Diary No. 24494 OF 2020], CIVIL APPEAL NO. .. OF 2024 [Arising out of SLP(C) No. OF 2024] [Arising out of Diary No. 24367 OF 2020], CIVIL APPEAL NO. .. OF 2024 [Arising out of SLP(C) No. OF 2024] [Arising out of Diary No. 28960 OF 2020], CIVIL APPEAL NO. .. OF 2024 [Arisin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. of 2024] [Arising out of Diary No. 29094 OF 2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. of 2024] [Arising out of Diary No. 3096 OF 2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. of 2024] [Arising out of Diary No. 10284 OF 2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. of 2024] [Arising out of Diary No.11493 OF 2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. of 2024] [Arising out of Diary No. 12203 OF 2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. of 2024] [Arising out of Diary No. 12377 OF 2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. of 2024] [Arising out of Diary No. 12659 OF 2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. of 2024] [Arising out of Diary No. 12924 OF 2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C)NO.20209 of 2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) NO. 20206/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C)No. 20207/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C)NO.21273/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C)NO. 22115/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C)NO.284 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No. 20223/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No. 2/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No. 2588/2022]; M.A. D.No. 39883/2022 IN CA NO. 6259/2017; M.A. D.No. 42742/2022 IN RP D NO. 17062/2019 IN CA NO.6187/2017 M.A. D.No. 42745/2022 IN CA NO.6187/2017; M.A. D.No. 411/2023 IN CA NO.6187/2017; M.A. D.No. 1015/2023 IN RP D NO. 25698/2020 IN CA NO. 8711/2016; M.A. D.No. 1460/2023 IN RP D NO. 21372/2019 IN CA NO.6269/2017; M.A. D.No. 1464/2023 IN RP D NO. 24205/2019 IN CA NO.6247/2017; M.A. Diary No. 1466/2023 IN D No. 38548/2019; M.A. Diary No. 4091/2023 IN D No.4904/2020; M.A. Diary No. 4510/2023 IN SLP(C) No. 13650/2016; M.A. Diary No. 4990/2023 IN D No.32548/2021; M.A. Diary No. 6523/2023 IN D No.27181/2021; M.A. Diary No. 6524/2023 IN D No.4221/2022; M.A. Diary No. 10561/2023 IN D No. 14138/2022, CIVIL APPEAL NO. .. .OF 2024; [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No. 24674/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Aris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 14018/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 14075/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 15542/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 15544/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 15550/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 15557/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 15806/2023, CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 15812/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 15815/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 15819/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 16246/2023], CIVIL APPEAL NO. .. .OF 2024 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng out of Diary No(s). 15805/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 17832/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 18111/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 18183/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 18684/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 19217/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 19983/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 21126/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 21535/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) NO. 3041-3042/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 2272/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 6568/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arisin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 29314/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 30121/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 38953/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 39904/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 102/2023]; M.A. NO. 1761/2023 IN, CIVIL APPEAL NO. 8911 OF 2016; M.A. D No. 1465/2023 IN D 30311/2021; M.A. D No. 4083/2023 IN CA 8917/2016; M.A. D No. 4086/2023 IN D 16897/2019; M.A. D No. 4242/2023 IN D 32658/2021;, CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 8141/2023] M.A. D No. 10980/2023 IN CA No 9287/2022; M.A. D No.11562/2023 IN CA No 8637/2016; M.A. D No. 12740/2023 IN D No 9299/2019; M.A. D No.13420/2023 IN CA No 6227/2017; M.A. D No. 13541/2023 IN CA No 8525/2016; M.A. NO. 1722/2023 IN CA No. 8537 OF 2016;, CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. .. of 2024] [Arising out of Diary No(s). 14869/2023], CIVIL APPEAL NO. . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SLP(C) No. 15081/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 4077/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 2407/2022] ; M.A D. No. 12238/2022 IN RP(C) 400/2017, CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 17053/2022] M.A D. No.668/2023 IN SLP(C) No 30141/2015; M.A D. No. 1001/2023 IN D No 23340/2018; M.A D. No.1136/2023 IN D No 30020/2019; M.A D. No. 1291/2023 IN D No 29016/2021; M.A D. No. 2121/2023 IN RP No 2163/2018; M.A D. No. 3578/2023 IN D No 32559/2021; M.A D. No.4477/2023 IN D No 24053/2019; M.A D. No.14353/2023 IN CA No 4580/2016; M.A D. No.23142/2023 IN D No 15269/2021;, CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 584/2017] ; M.A D. No. 17789/2017 IN SLP(C) NO. 14715/2016, CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 20205/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 20459/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 29157/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 32412/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 14576/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 15071 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ./2024] [Arising out of Diary No(s). 22630/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 24734/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 28767/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 18034/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 24353/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8797/2016], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8761/2016], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8768/2016], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 5910/2016], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8776/2016], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8766/2016], CIVIL APPEAL NO. 5538 OF 2017, CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 4873/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 16251/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 28219/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8323/2019] M.A.NO. 1416/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31083/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31971/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31977/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31982/2023]; M.A. NO. 525/2020 in D.No.8541/2019, CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 19652/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 28063/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 29641/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 29697/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31979/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 35924/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 38890 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [Arising out of Diary No(s). 21946/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 30089/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31074/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31966/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31968/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31969/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 31974/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 32234/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 32665/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 32916/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 33172/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 33345/2015], CIVIL APPEAL NO. .. .OF 2024 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [Arising out of SLP(C) No. 12894/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 8454/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 21831/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 21920/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 29643/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 9201/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 10476/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 10477/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 14597/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 15623/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 29310/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 29650/2022], CIVIL AP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... VIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 21380/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 5308/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 4029/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 14851/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 14829/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 26604/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 29548/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 29803/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 27923/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 27975/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 27989/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 42036/2022], CIVIL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . ./2024] [Arising out of Diary No(s). 38278/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 23373/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 23369/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8320/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 14573/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 5509/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 26698/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 27211/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 10674/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 937/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 947/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 17418/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 17613/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 18136/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 19415/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 5564/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 7061/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 7292/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No(s). 7350/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8769/2016], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 8765/2016], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 22259/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 24080/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 22688/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 11164/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 22340/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 18/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 21758/2019], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 14776/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 12692/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 57/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No.28141/2021], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 3172/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 4265/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 5017/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 13554/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 14069/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 15816/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 35480/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out of Diary No. 35488/2023], CIVIL APPEAL NO. .. .OF 2024 Arising out of SLP(C) No. ./2024] [Arising out of Diary No.7188/2018], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. ./2024] [Arising out o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng out of Diary No.38009/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.38633/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.40192/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.21006/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.39771/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.36156/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.38635/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.38874/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.39775/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No ../2024] [Arising out of Diary No.41675/2023], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 815/2020], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 13889/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of SLP(C) No. 13933/2022], CIVIL APPEAL NO. .. .OF 2024 [Arising out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eshav Dev, Adv., Mr. Deepak Raj Singh, Adv., Mr. Ashwani Kumar, AOR, Mr. Mohan Lal Sharma, AOR, Ms. Arti Singh, AOR, Ms. Manika Tripathy, AOR, Mr. Ashutosh Kaushik, Adv., Mr. Rony John, Adv., Ms. Prachi Bajpai, AOR, Ms. Shashi Kiran, AOR, Mr. Satish Chandra, Adv., Mr. Arjun Sain, Adv., Mr. Ravi Bharuka, AOR, Mr. Praveen Swarup, AOR, Ms. Payal Swarup, Adv., Mr. Ameet Siingh, Adv., Mr. Devesh Maurya, Adv., Mr. Pratham Sethi, Adv., Mr. Ravi Kumar, Adv., Ms. Pratishtha Majumdar, Adv., Mr. Jagjit Singh Chhabra, AOR, Mr. Saksham Maheshwari, Adv., Mr. Ravinder Sethi, Sr. Adv., Mr. Puneet Sharma, AOR, Mr. Atul Kumar, AOR, Ms. Sweety Singh, Adv., Ms. Archana Kumari, Adv., Mr. Rahul Kumari, Adv., Mr. Rahul Pandey, Adv., Mr. Avs Kadyan, Adv., Ms. Yoothica Pallavi, AOR, Ms. Niharika Ahluwalia, AOR, Mr. Arpit Sharma, Adv., Mr. Himaghn Jain, Adv., Ms. Sonakshi Chaturvedi, Adv., Mr. Mishra Saurabh, AOR, Ms. Malvika Kapila, AOR, Mr. Ishaan Sharma, Adv., Ms. Tanwangi Shukla, Adv., Mr. Pukhrambam Ramesh Kumar, AOR, Ms. Binu Tamta, AOR, Ms. Shalini Chandra, AOR, Mr. Ravinder Kumar Yadav, AOR, Mr. Vinay Mohan Sharma, Adv., Mr. Baljeet Singh, Adv., Ms. Arti Anupriya, Adv., Mr. Kartikey, Adv., Mr. Paras ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Singh, Adv., Dr. Smriti Raturi Sharma, Adv., Mr. Animesh Mishra, Adv., Mr. Siddharth Batra, AOR, Mr. Chinmay Dubey, Adv., Ms. Shivani Chawla, Adv., Mr. Rhythm Katyal, Adv., Ms. Archna Yadav, Adv., Mr. Pratyush Arora, Adv., Mr. Yuvraj Chhabra, Adv., Mr. Ajay Marwah, AOR, Mr. Bharat Singh, Adv., Mr. Kshitiz Singh, Adv., Mr. Dev Sharma, Adv., Mr. Amit Pawan, AOR, Mr. Chandra Bhushan Prasad, AOR, Mr. Dhruv Mehta, Sr. Adv., Mr. Yashraj Singh Deora, AOR, Mr. Priyesh Mohan Srivastava, Adv., Mr. Abhishek Singh, Adv., Ms. Sonal K. Chopra, Adv., Mr. Manish Kumar, Adv., Mr. N S Vasisht, Adv., Ms. Jyoti Kataria, Adv., Mr. Amit Kumar, Adv., Mr. Piyush Kaushik, Adv., Ms. Shruti Verma, Adv., Ms. Aparajita Jha, Adv., Mr. Aakrisht Kalra, Adv., Mr. Desam Sudhakarareddy, Adv., Mr. Varun Kapur, AOR, Mr. Jayant Mehta, Sr. Adv., Mr. Bharat Arora, Adv., Mr. Gourav Arora, Adv., Mr. Manikya Khanna, Adv., Ms. Nidhi Mohan Parashar, Adv., Mr. Sharath Sampath, Adv., Mr. Tarun Mehta, Adv., Mr. Aditya Krishna, Adv., Mr. Anand Chichra, Adv., Mr. Raghav Bhatia, Adv., Mr. Vikrant Kumar, Adv., M/S. Vedya Partners, AOR, Mr. Sumit Bansal, Adv., Mr. Manish Paliwal, AOR, Mr. Udaibir Singh Kochar, Adv., Ms. Megha Yadav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kshama Sharma, Adv., Mr. Kartik Kumar, Adv., Mr. Debesh Panda, AOR, Ms. Sugandha Anand, AOR, Mr. B. Krishna Prasad, AOR, Mr. D. S. Mahra, AOR, Mr. Anand Varma, AOR, Mr. Mukesh Kumar Verma, Adv., Mr. Vikas Gupta, AOR, Mr. Vivek Gupta, Adv., Dr. Vipin Gupta, Adv., Mr. M. C. Dhingra, AOR, Mr. Sanchar Anand, Adv., Ms. Diva Singh, Adv., Mr. Aman Kumar Thakur, Adv., Mr. Arjun Rana, Adv., Mr. Karan Thakur, Adv., Mr. Devendra Singh, AOR, Mr. Yashraj Singh Deora, Adv., Mr. Priyesh Mohan Srivastava, Adv., Mr. Abhishek Singh, Adv., Ms. Sonal K. Chopra, Adv., M/S. Mitter Mitter Co., AOR, Mr. Ajit Sharma, AOR, Mr. Bharat Bhushan, AOR, Mr. R.B. Singh, Adv., Mr. Mohit Kumar Gupta, AOR, Mr. Rakesh Kumar, AOR, Mr. Uday Gupta, Sr. Adv., Ms. Shivani Lal, Adv., Mr. Chetan Anand, Adv., Ms. Sanam Singh, Adv., Mr. Harish Dasan, Adv., Mr. Rajiv Ranjan, Adv., Ms. Yogamaya M.g., Adv., Mr. Rajeev Kumar Gupta, Adv., Ms. Anjitha Santosh, Adv., Mr. Hiren Dasan, AOR, Mr. Tushar Bakshi, AOR, Mr. Manoj C. Mishra, AOR, Mr. Vikramaditya Singh, AOR, Ms. Sushma Suri, AOR, Ms. Ranjeeta Rohatgi, AOR, Ms. Shrika Gautam, Adv., Mr. Pankaj Bhagat, AOR, Mr. Sadre Alam, Adv., Mr. Ritwik Prasad, Adv., Mr. Sanjay Jain, AOR, Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh Dhankar, Adv., Mr. Onkar Prasad, Adv., Mr. Shaiendra Kumar Nirmal, Adv., Mr. Sujeet Kumar, Adv., Mr. Shailendra Kumar Nirmal, Adv., Mr. Anant Kumar, Adv., Mr. Ranjeet Kumar, Adv., Mr. Mohd. Hasibuddin, Adv., Mr. Anurag Jain, Adv., Mr. Ms. Soni, Adv., Mr. Charudatta Vijayrao Mahindrakar, AOR, Mr. Gaurav M. Liberhan, Adv., Mr. Arun Singh Rawat, Adv., Ms. Mukti Chowdhary, AOR, Mr. Alok Sangwan, Adv., Mr. Sumit Kumar Sharma, Adv., Mr. Rajat Sangwan, Adv., Mr. Vaibhav Yadav, Adv., Ms. Snehla Chaudhary, Adv., Mr. Anas Choudhary, Adv., Mr. Ansar Ahmad Chaudhary, AOR, Mr. Saurabh Mishra, AOR, Mr. Shrimay Mishra, Adv., Mr. Abhinav Pandey, Adv., Mr. Rakesh Chander, Adv., Ms. Shipra Ghose, AOR, Mr. Y K Kapur, Adv., Mr. Amrendra Kumar Mehta, AOR, Mrs. Lalita Kaushik, AOR, Mr. Vikas Singh, Sr. Adv., Mr. Varun Singh, Adv., Ms. Kajal Gupta, Adv., Mr. Aman Panwar, Adv., Ms. Kajal S Gupta, Adv., Ms. Somesa S Gupta, Adv., Mr. Mudit Gupta, AOR, Ms. Somesa Gupta, Adv., Mr. Akash Panwar, Adv., Ms. Priyanjali Singh, AOR, Mr. Sudhir Naagar, AOR, Mr. U.K. Uniyal, Sr. Adv., Mr. D.K. Garg, Adv., Mr. Dhananjay Garg, AOR, Mr. Abhishek Garg, Adv., Mr. Ishaan Tiwari, Adv., Mr. R.P. Bansal, Adv., Mr. V Laksh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . K. Sharma, Adv., Mr. Gagan Gupta, AOR, Mr. Prithvi Pal, AOR, Mr. S. K. Rout, Adv., Mr. Ganesh Singh, Adv., Mr. Amit Acharya, Adv., Mr. Aman Mehrotra, Adv., Mr. Priyonkoo Anjan Gogoi, Adv., Mr. Pryonkoo Anjan Gogoi, Adv., Ms. Priti, Adv., Ms. Shashi Kiran, AOR, Mr. Satish Chandra, Adv., Mr. Arjun Sain, Adv., Mr. Abhimanyu, Adv., Ms. Mridula Ray Bharadwaj, AOR, Mr. Shibashish Misra, AOR, Mr. Vikas Mehta, AOR, Ms. Rashi Rampal, Adv., Ms. Priyambada Mishra, Adv., Mr. Adith Nair, Adv., Mr. Shekhar Prit Jha, AOR, Ms. Preeti Kumari, Adv., Mr. Anurag Bansal, Adv., Ms. Asha Jain Madan, AOR, Mr. Mukesh Jain, Adv., Mr. Ashwani Kumar, AOR, Ms. Astha Tyagi, AOR, Mr. Ashwani Bhardwaj, AOR, Ms. Firdouse Qutb Wani, AOR, Mr. Md. Zaryab J Rizvi, Adv., Mr. B.V. Niren, Adv., Mr. Kshitij Mudgal, Adv., Mr. Vikalp Mudgal, AOR, Ms. Anshul Rajora, Adv., Mr. Ajay Vikram Singh, AOR, Mr. Neeraj Kumar Sharma, AOR, Mr. Ritesh Kumar, AOR, Mr. Chandra Prakash, AOR, Mr. Vivek Singh, Adv., Mr. C.P. Rajwar, Adv., Mr. Binay Kumar, Adv., Mr. Lav Kumar Agarwal, Adv., Ms. Supriya Juneja, AOR, Ms. Malvika Kapila, AOR, Mr. Ishaan Sharma, Adv., Ms. Tanwangi Shukla, Adv., Mr. Atul Kumar, Adv., Mr. Abhimanyu Sharma, Adv., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Mr. Pankaj Jain, Adv., Mrs. Meenakshi Jain, Adv., Mr. Bijoy Kumar Jain, AOR, Mr. Alok Tripathi, AOR, Mr. Rahul Shyam Bhandari, AOR, Mr. Suhaas Ratna Joshi, AOR, Mr. Satish Kumar, AOR, JUDGEMENT SURYA KANT, J. Table of contents A. Facts 64 B. Contentions of parties 72 C. Law on Condonation of Delay 78 D. Whether delay should be condoned in the present cases? 82 D.1. Suppression of facts by the landowners 82 D.2. Change of law 85 D.3. Leeway to be granted to government entities 91 D.4. COVID-19 Pandemic 94 D.5. Supreme Court frowning upon the filing of fresh SLPs 97 D.6. Public interest and justice 98 D.7. Delay already condoned in some cases 102 E. Conclusion and Directions 104 Appendix 114 List A: S uppression of facts 116 List B: Notice neither on delay nor on merits 120 List C: Review Petitions and Miscellaneous Applications 129 List D: Leave granted in previous SLP 131 List E: Leave not granted in previous SLP 134 For the reasons assigned in Part E of this Judgement, we grant leave in all these Special Leave Petitions, except those mentioned in List-B , List-D.2 and List-E.1 (infra). 2. These appeals have been preferred by the Delhi Development Authority (DDA), Government of N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompensation had not been paid or possession had not been taken. The provision reads as follows: (1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), (a) where no award under Section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or (b) where an award under said Section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed. (2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act. Provided th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neminem gravabit (i.e., the act of court should not prejudice the parties), the bench referred for reconsideration the question of law regarding the effect of an order of stay on possession under Section 24(2) of the 2013 Act to a larger bench. 3.8. Similarly, another two-judge bench of this Court in Indore Development Authority v. Shailendra [(2018) 1 SCC 733, para 23.] doubted the correctness of Pune Municipal Corporation (supra) and referred the question of law regarding the manner of payment under Section 24(2) of the 2013 Act for reconsideration. 3.9. Both these issues were considered by a three-judge bench of this Court in Indore Development Authority v. Shailendra [(2018) 3 SCC 412, para 216-217.] The larger bench held, inter alia, that the term paid in Section 24(2) of the 2013 Act is to be read as tender of payment, i.e., an offer to pay. In case the compensation was tendered and the same was refused, it was to be interpreted as paid . Further, on account of various rules made under Section 55 of the 1894 Act, it was held that the term deposit in the proviso to Section 24(2) of the 2013 Act must be read to include a deposit of compensation with the Government Treasury, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Municipal Corporation (supra) and Sree Balaji Nagar Residential Association (supra) were overruled. This Court also overruled Shailendra (supra), since the question of reading the conditions under Section 24(2) conjunctively (i.e., reading or as and ) was not considered by that case. Subsequently, in light of the decision in Manoharlal (supra), the judgment in Pune Municipal Corporation (supra) was recalled. 3.13. After the dust stood settled finally in Manoharlal (supra), the appellants filed another batch of appeals against such orders of the High Court of Delhi which had relied on Pune Municipal Corporation (supra) and Sree Balaji Nagar Residential Association (supra) to declare the acquisition proceedings as having lapsed. Similarly, Review Petitions and Miscellaneous Applications were filed against the orders of this Court dismissing the SLPs filed previously. 3.14. To simplify, the present batch of matters before us can broadly be classified into the following three categories: (a) First, cases filed before Shailendra (supra). Most of the SLPs in this category were dismissed by this Court after granting leave, on the strength of Pune Municipal Corporation (supra) and Sree Bal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period. (b) The appellants were disabled from filing appeals within the prescribed limitation period because the governing law during such period as laid down in Pune Municipal Corporation (supra) and Sree Balaji Nagar Residential Association (supra), would have caused the dismissal of their petitions. Since the question of law was finally decided in their favour in Shailendra (supra) and Manoharlal (supra), their cause of action stood revived to enable them to approach this Court. Further, a case is applied retrospectively unless the judgment expressly recites otherwise, as held in CIT v. Saurashtra Kutch Stock Exchange Ltd. [(2008) 14 SCC 171, para 35.] Since Manoharlal (supra) did not restrict its applicability prospectively, all the cases decided before thereto deserve to be re-decided based on the principles enunciated in it. (c) The Court should take a liberal approach regarding condonation of delay and allow leeway to the government authorities, who, on account of their impersonal character, multiple chains of approval, processing of a large number of files, and lack of resources, unintentionally cross the prescribed limitation timeline and suffer bureaucratic delay. (d) Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The respondents have in this regard relied upon various decisions of this Court including Neelima Srivastava v. State of UP [2021 SCC Online SC 610, para 29.] and Natural Resources Allocation, In re, Special Reference 1 of 2012. [(2012) 10 SCC 1, para 48.] (c) There should be parity between private parties and government entities with respect to the yardstick to be applied for condonation of delay and no leeway should be granted to the latter (relied on, inter alia, Postmaster General v. Living Media India Ltd) [(2012) 3 SCC 563, para 28.]. (d) This Court has made it clear in Sagufa Ahmed v. Upper Assam Plywood Products (P) Ltd., [(2021) 2 SCC 317, para 17.] that the relaxation on account of COVID-19 can be granted only in those cases where the limitation period expired during COVID-19. Such relaxation would not be available in the present case as the period of limitation for filing the appeals had expired much before the pandemic. (e) Delay cannot be condoned on the grounds of the Court frowning upon the filing of fresh SLPs as no sufficient material to substantiate such a plea has been placed on record. (f) The grounds of public interest or cause of justice cannot be invoked to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tanding whether such ground had been raised by the opposite side. However, this does not imply that the Limitation Act destroys the right itself. Instead, it only extinguishes the ability to enforce the right, without either creating or destroying the underlying cause of action or entitlement itself. 10. As is clear from a plain reading of Section 5 of the Limitation Act, there are exceptions to this general rule. The statute allows for admitting an action provided sufficient cause is shown. This vests courts with the discretion to extend the period of limitation if the applicant can show that he had sufficient cause for not preferring an appeal or application within the prescribed period. Section 5 requires analysis of two ingredients: first, an examination of whether sufficient cause has been made out; and second, whether such cause has been shown for not filing the appeal/application within the prescribed period . 11. As regards the first ingredient, the Limitation Act itself does not provide more guidance on what its constituent elements ought to be. Instead, Section 5 leaves the task of determining appropriate reasons for seeking condonation of delay to judicial interpretation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D.1. Suppression of facts by the landowners 16. The appellants argued that the respondent-landowners had suppressed material facts from the High Court, including previous unsuccessful litigations. Acquisitions were in fact already complete in many of these cases, a fact that was deliberately not disclosed. Other respondent-landowners also concealed from the court how they were only subsequent purchasers who had acquired the lands after they had been notified for the acquisition. Similarly, in some cases, the landowners suppressed the fact that the acquired lands had already vested in their respective Gaon Sabhas. 17. In addition to highlighting the factum of suppression, the appellants have also demonstrated materiality. They urged that had these facts been disclosed before the High Court, the respondents would have been estopped from seeking the declaration that the acquisition proceedings had lapsed. The appellants have in this regard placed reliance on Meera Sahni v. Lt. Governor of Delhi [(2008) 9 SCC 177, para 21.] and Section 3 of Delhi Lands (Restrictions on Transfer) Act, 1972, to fortify their contention that no bona fide sale transaction could take place in respect of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the appended List-A , which shall be read as a part of this judgment. We believe that a fact-finding exercise is necessary in these cases, and hence, there exist sufficient grounds for the condonation of delay. The nature of relief to be eventually granted after condoning the delay, will be separately dealt with in Part E of this order. D.2. Change of law 22. Another ground taken by appellants for seeking condonation of delay is the subsequent change of law brought in by Shailendra (supra) and Manoharlal (supra). However, we are unable to agree with this contention because of four primary reasons. 23. Firstly, this ground seeks to use events temporally subsequent to the expiry of the limitation period to justify the delay. To revisit Section 5 of the Limitation Act, the text of the statute provides that an appeal or application may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period . Hence, the appellants are required to explain that they were diligent during the prescribed period of limitation and could not file the appeal because ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te such sufficient cause. There may be events or circumstances subsequent to the expiry of limitation which may further delay the filing of the appeal. But that the limitation has been allowed to expire without the appeal being filed must be traced to a cause arising within the period of limitation. In the present case, there was no such cause, and the High Court erred in condoning the delay. [emphasis supplied] 25. Similarly, in most of these cases, the prescribed period of limitation had already expired long before the judgments in Shailendra (supra) and Manoharlal (supra) were delivered. The appellants let the limitation period lapse, perhaps because they saw no case on merits for appeal. When the law was subsequently re-interpreted in the afore-cited two cases, the appellants approached this Court with the present appeals, petitions, and applications. Instead of showing a sufficient cause arising within the period of limitation, they are using an event after the expiry of such period to justify the delay. This does not square with our understanding of the law, and cannot be allowed. 26. This leads us to the second reason for disagreeing with the ground, which is that a party ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitutional, and got a favourable decision. If I were to hold otherwise, then the decision of the High Court in any case once adjudicated upon and acquiesced in, may be questioned in a fresh litigation revived only with the argument that the correct position was not known to the petitioner at the time when he abandoned his own litigation. [ ] [emphasis supplied] 29. Finally, the fourth reason why subsequent overruling of a judgement cannot be a sufficient cause is because when a case is overruled, it is only its binding nature as a precedent that is taken away and the lis between the parties is still deemed to have been settled by the overruled case. [Neelima Srivastava v. State of Uttar Pradesh, 2021 SCC Online SC 610, para 30.] It is a settled principle of law that even an erroneous decision operates as res judicata between the parties. [R. Unnikrishnan v. V.K. Mahanudevan, (2014) 4 SCC 434, para 19-23.] Hence, when Manoharlal (supra) overruled Pune Municipal Corporation (supra) and Sree Balaji Nagar Residential Association (supra), as well as all other cases relying on them, it only overruled their precedential value, and did not reopen the lis between the parties. The mere fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al red-tapeism. 34. However, with time, the position of law held in these cases has been diluted. In Commissioner of Wealth Tax v. Amateur Riders Club, [(1994) Supp. (2) SCC 603, para 3.] this Court noted that while latitude can be granted to the government, it has to show its bona fide and diligence in filing the appeals. In case of bureaucratic indifference, delay cannot be condoned. 35. Subsequently, in the case of Postmaster General (supra), this Court noted that the delay cannot be condoned mechanically only because the appellant is a government entity. The Court explicitly negated the earlier rationale of impersonal machinery and inherited bureaucratic methodology given modern improvements in technology. Lastly, the Court held that government entities must show bona fide and demonstrate diligence in pursuing the matter. 36. This Court has again in State of Madhya Pradesh v. Bherulal, [(2020) 10 SCC 654, para 3.] reiterated the reasoning of the Postmaster General (supra) and held that the Collector (LA) (supra) could not be relied upon any longer as it was laid down in a different bureaucratic and technological period. The proposition that government entities ought to be affor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies vis- -vis the law of limitation. This would not be in conformity with the spirit of equality before law as guaranteed under our Constitution. Allowing such latitude would further distort incentives for the government and encourage more laxity by the bureaucracy in its general functioning, thereby undermining quality governance. D.4. COVID-19 Pandemic 40. The fourth ground taken by the appellants is that the delay ought to be condoned on account of the COVID-19 pandemic. At this juncture, it would be apposite to discuss the series of orders passed by this Court regarding the operation of limitation vis- -vis the COVID-19 pandemic. 41. Vide order dt. 23.03.2020 In Re: Cognizance for Extension of Limitation, [(2020) 19 SCC 10, para 2.] this Court passed an omnibus order extending the period of limitation for proceedings before all courts/tribunals in the country from 15.03.2020 till further orders. Subsequently, vide an order dt. 08.03.2021, this Court noted the lifting of the nation-wide pandemic lockdown and a return to normalcy. Accordingly, the Court brought an end to the extension and held that: I. In computing the period of limitation for any suit, appeal, application or pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndemic, such cases could not take shelter behind the general relief granted by this Court in In Re: Cognizance for Extension of Limitation (supra). The respondents buttressed their arguments by relying upon Sagufa Ahmed v. Upper Assam Plywood Products (P) Ltd. [(2021) 2 SCC 317, para 17.] 45. Sagufa Ahmed (supra) construed that the orders passed In Re: Cognizance for Extension of Limitation (supra) were intended to benefit vigilant litigants who were prevented due to the pandemic and the lockdown, from initiating proceedings within the period of limitation prescribed by general or special law. We respectfully agree with the view taken in Sagufa Ahmed (supra). Consequently, the benefit of In Re: Cognizance for Extension of Limitation (supra) can be availed by the appellants only in a case where the period of limitation expired between 15.03.2020 and 28.02.2022. D.5. Supreme Court frowning upon the filing of fresh SLPs 46. In addition to the above grounds, the appellants claim that they were unable to file the appeals before Shailendra (supra) came as this Court was discouraging them from filing fresh SLPs by dismissing such petitions in limine and imposing heavy costs. 47. We are no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gg problem, where compensation paid would have to be clawed back or possession taken would have to be reversed. Problematically, in many cases, the development projects might also have to be undone. In some instances such as reversing the possession of one small plot lying on an under-construction metro corridor it would be practically impossible. 53. As discussed in paragraphs 11 to 13 of this judgement, in addition to the bona fides of the condonation-seekers and the broader impact of condoning the delay, it is equally important to look at the effect of condonation on the opposite side, particularly in cases where rights have vested. As the facts speak for themselves, invaluable rights have been vested to the public at large, given the public infrastructure that has come up on a large number of these acquired lands especially in those cases where the possession had been taken. 54. Furthermore, even if we were to settle the lis by not condoning delay, it is unlikely that the respondent-landowners would be able to keep their lands as the appellants are empowered under law to initiate acquisition proceedings afresh. Although there might be a difference in the quantum of compensation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the respondents have cited Pundlik Jalam Patil (supra) to argue that public interest cannot be a sole ground to seek condonation of delay. A closer examination of the aforementioned case, however, would show that the Court in that case denied condonation of delay as the government had been found to be negligent and given that it had been established that the landowners depended on the acquired lands for their livelihood. As discussed above, that is not the case here, especially in the case of landowners in NCT of Delhi, which is almost entirely urban and whose residents generally do not depend on the agricultural income as the source of their livelihood. D.7. Delay already condoned in some cases 59. While seeking condonation of delay in filing of the present appeals, the appellants have also urged that this Court had already condoned the delay in some of the SLPs and granted leave in such petitions. Against these, the respondents have argued that such condonation was done by ex-parte orders. 60. The proviso to Rule 9(1) of Order XXI of the Supreme Court Rules, 2013 reads: Provided that where a petition for special leave has been filed beyond the period of limitation prescribed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and List-E.1 (infra). 65. Having condoned the delay and upon grant of leave and after perusing the material on record, we find that the cases which form part of the appended List-E.2 are squarely covered in favor of the appellants in terms of Manoharlal (supra). While it may not be feasible to give detailed analysis of each of these cases, suffice it would be to show the same illustratively. For instance, in SLP (C) Diary No. 19172/2019, titled DDA v. Vijay Mohan , while the possession was admittedly not taken, compensation was paid on 09.08.2005. Accordingly, the test laid down in Manoharlal (supra) has been met and the acquisition proceedings cannot be deemed to have lapsed under the 2013 Act. 66. All such civil appeals are accordingly allowed, the impugned judgment of the High Court in each case is set aside, and the acquisition of the respondents lands under 1894 Act is consequently upheld. This will, however, not preclude the respondents from recovery of the compensation amount, if not already paid or to the extent it is not paid, along with interest and other statutory benefits under 1894 Act. Similarly, they shall be at liberty to seek reference under Section 18 of the 1894 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of our dictum in these batch of cases. 71. In this regard, the Hon ble Chief Justice of the High Court of Delhi is requested to constitute a dedicated bench to decide these writ petitions in the manner indicated hereafter. The nominated bench will accord an opportunity to the landowners/subsequent purchasers and the appellants herein to submit additional documents on affidavits whereupon such bench shall embark on an exercise to decide who between the landowner(s) and the subsequent purchaser(s) is the rightful claimant to receive compensation. The nominated bench will have the authority to obtain independent fact-finding enquiry reports, if deemed necessary. The inquiry could include determination as to whether after the notification under Section 4(1) of the 1894 Act, any transfer could have been effected and if so, whether such transfer is permitted by law. Once compensation is determined, the relevant authority in the land acquisition department shall deposit the same with the Reference Court. The Reference Court shall then invest the deposited amount in a short-term interest-bearing fixed deposit account with a nationalized bank, ensuring its periodical renewal until the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to by the appellants and the GNCTD, which would also likely be beneficial for the expropriated land owners; (d) Similarly, compliance with Sections 13, 14, and 16 to 20 of 2013 Act can be dispensed with as the subject-lands are predominantly urban/semi-urban in nature and had earlier been acquired for public purposes of paramount importance. In order to simplify the compliance of direction at (a) above, it is further directed that every Notification issued under Section 4(1) of the 1894 Act in this batch of cases shall be treated as a Preliminary Notification within the meaning of Section 11 of the 2013 Act, and shall be deemed to have been published as on 01.01.2014; (e) The Collector shall provide hearing of objections as per Section 15 of the 2013 Act without insisting for any Social Impact Assessment Report and shall, thereafter, proceed to take necessary steps as per the procedure contemplated under Section 21 onwards of Chapter-IV of the 2013 Act, save and except where compliance of any provision has been expressly or impliedly dispensed with; (f) The land-owners may submit their objections within a period of four weeks from the date of pronouncement of this Order. Such obj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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