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2008 (3) TMI 724 - SUPREME COURTHuge of Delay 2205 days in filing a review application - Whether suppression of a material fact would entail allowing of an application for condonation - HELD THAT:- We are not oblivious of the fact that the authorities of the State have made a complete goof up with the situation. By its action, it allowed subsequent events to happen, viz. sales of the lands have taken up, constructions have come up, but the question which arises for our consideration is as to whether even in such a situation, this Court would allow a suppression of fact to prevail. It is now a well settled principle that fraud vitiates all solemn acts. If an order is obtained by reason of commission of fraud, even the principles of natural justice are not required to be complied with for setting aside the same. The allottees have acquired a statutory right. Only because the State was not aware of the factual position and/or the legal implication of the 1999 Act which led to withdrawal of the writ petition from the High Court, the same by itself may not be sufficient to deprive the allottees from their legal right to hold the said land. Therefore, we are of the opinion that the merit of the matter as also the question in regard to adjustment of equities may be considered by the High Court. We, for the foregoing in exercise of our jurisdiction in Article 136 of the Constitution of India refuse to interfere with the impugned judgment. The appeal is dismissed with costs.
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