Excelsior Correspondent
Srinagar, Aug 19: The High Court has emphasized that the Government departments should be more diligent and prompt in approaching the courts for redressal of grievances and delay on their part should not be accepted with usual explanations.
These observations were passed by the Division Bench of Justice Tashi Rabstan and Justice Mohan Lal on approaching the court by the Revenue Department after a delay of 275 days in filing an appeal against the judgment of Single Bench whereby the department was directed to process and make the payment of compensation to the land owner for acquiring his land.
“From the perusal of record available on the file, it is discernible, that appellant-department has demonstrated non-seriousness in filing the present appeal having a delay of 275 days from the date of impugned judgment dated 11.02.2022 passed by the writ court. No plausible/cogent explanation has been tendered for seeking the condonation of delay in filing the present LPA”, the DB recorded.
Court said that it is not the case of department that the impugned judgment has been passed ex-parte and was not in their knowledge but it is crystal clear, that the impugned judgment was passed by the writ court on 11.02.2022.
The Department of Law, Justice and Parliamentary Affairs Civil Secretariat Jammu/Srinagar vide office Communication No. Law Lit 9/524/2022-10 dated 28.11.2022 requested Monika Kohli Sr. AAG for filing a present appeal after a lapse of nine months.
Even thereafter, the present appeal has been filed on 11.01.2023 after total inordinate delay of 275 days from the date of impugned judgment. “The Government Departments cannot claim that they have a separate period of limitation. In the absence of plausible and acceptable explanation, delay cannot be condoned mechanically as law of limitation undoubtedly binds everybody including the Government Departments”, read the judgment.
Court mentioned that usual explanations for delay should not be accepted, that the file was kept pending for several months and years due to considerable degree of procedural red-tape in the process and the Government Departments are under a special obligation to ensure that they perform their duties with diligence and commitment.
“It is unambiguously reiterated here, that condonation of delay is an exception and should not be used as an anticipated benefit for Government Departments and if inordinate delay is condoned unmindful of the lackadaisical manner in which the litigants approach the court it would also be contrary to public interest”, the Court said.
While having the glance and threadbare reading of the averments of the application seeking condonation of delay in filing the present appeal court said there is no plausible and cogent reason assigned.
“No sufficient grounds have been shown for condonation of the delay, more so, by the expiry of period of limitation a vested right created to the opposite party cannot be easily defeated. In view of the aforesaid discussion, we are of the firm opinion that applicants/appellant-department have miserably failed to satisfy this court the delay of 275 days in filing the present Appeal. The application for condonation of delay being legally incompetent, is disallowed, rejected and out rightly dismissed. Consequently, the LPA also stands dismissed on the ground of delay”, the Court concluded.
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