LAW FOR ALL

condonation of delay, - The fact that the Lucknow Development Authority was duly represented before the State Commission, as also, when the order dated 11.5.2007 was passed by it, reveal that the appellant was aware of the said order right from the beginning. Yet the appellant waited for over four and a half years, to approach the National Commission. Even before this Court, the appellant has failed to express any valid justification for having approached the National Commission belatedly. We, therefore, find no good ground to set aside the order passed by the National Commission on 30.7.2012. - Despite our aforesaid determination of the present controversy, we consider it just and appropriate to set aside the costs imposed upon the appellant herein, by the National Commission, in view of the conclusion drawn by us, that the choice of the appellant in approaching the National Commission against the order passed by the State Commission (dated 11.5.2007) could not be described as frivolous. As already noticed herein above, the said order could have only been assailed only before the National Commission, as the State Commission had no jurisdiction to recall or modify its own order (dated 11.5.2007). Accordingly, the costs imposed on the appellant in the impugned order is hereby set aside. Besides the aforesaid, the order of the National Commission calls for no interference. 14. The instant appeal is accordingly disposed of in the aforesaid terms.