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Special Tahsildar, Land Acquisition, Kerala v. K.v. Ayisumma

Special Tahsildar, Land Acquisition, Kerala
v.
K.v. Ayisumma

(Supreme Court Of India)

Civil Appeal No. 334 Of 1993 | 23-07-1996


K. Ramaswamy, J.

1. This appeal by special leave arises from the order of the High Court of Kerala dated July 27, 1992 made in CRP No. 695/92. The admitted facts are that in an acquisition of the land for public purpose, the reference Court by its award and decree dated March 31, 1989 had enhanced the compensation. The appellant had filed an application on July 29, 1991 to review the award and decree. Therefore was a delay in filing the application. The learned Subordinate Judge had condoned the delay. Against the said order of condoning the delay, the respondent had gone in revision to the High Court. The High Court in the impugned order set aside the order of the Subordinate Judge. Thus this appeal by special leave.

2. It is now settled law that when the delay was occasioned at the behest of the Government, it would be very difficult to explain the day to day delay. The transaction of the business of the Government being done leisurely by officers who had no or evince no personal interest at different levels. No one takes personal responsibility in processing the matters expeditiously. As a fact at several stages, they take their own time to reach a decision. Even in spite of pointing at the delay, they do not take expeditious action for ultimate decision in filing the appeal. This case is one of such instances. It is true that Section 5 of the Limitation Act envisages explanation of the delay to the satisfaction of the Court and in matters of Limitation Act made no distinction between the State and the citizen. Nonetheless adoption of strict standard of proof leads to grave miscarriage of public justice, it would result in public mischief by skilful management of delay in the process of filing the appeal. The approach of the Court would be pragmatic but not pedandic. Under those circumstances, the Subordinate Judge had rightly adopted correct approach and has condoned the delay without insisting upon explaining every days delay in filing the review application in the light of the law laid down by this Court. The High Court was not right in setting aside the order. Delay was rightly condoned.

3. The appeal is accordingly allowed. The case is remitted to the reference Court for disposal of the review petition in accordance with law. No costs.

4. Appeal allowed.

Advocates List

For the Appellant - Mr. M.T. Goerge, Advocate. For the Respondent - Mr. B.V. Deepak, Mr. Dilip Pillai and Mr. G. Prakash, Advocates.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE K. RAMASWAMY

HON'BLE MR. JUSTICE G.B. PATTANAIK

Eq Citation

AIR 1996 SC 2750

(1996) 10 SCC 634

1996 5 AD (SC) 739

1996 GLH (2) 667

1996 (3) RCR (CIVIL) 583

[1996] (SUPPL.) 3 SCR 848

1996 (5) SCALE 548

3 (1996) CLT 215

JT 1996 (7) SC 204

1996 (2) KLT 582

LQ/SC/1996/1124

HeadNote

— Civil Procedure Code, 1908 — Or. 47 R. 1 — Review — Delay in filing review petition — Condonation of — When delay occasioned at behest of Government, it would be very difficult to explain day to day delay — Transaction of business of Government being done leisurely by officers who had no or evince no personal interest at different levels — No one takes personal responsibility in processing matters expeditiously — As a fact at several stages, they take their own time to reach a decision — Even in spite of pointing at delay, they do not take expeditious action for ultimate decision in filing appeal — In such cases, Subordinate Judge had rightly adopted correct approach and had condoned delay without insisting upon explaining every days delay in filing review application in the light of law laid down by Supreme Court — High Court was not right in setting aside order — Limitation Act, 1963, S. 5