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TMI Blog2012 (4) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.09.2009 passed by the High Court of Delhi at New Delhi in LPA Nos. 418 and 1006 of 2007 whereby the Division Bench while upholding the judgment and order dated 28.03.2007 passed by the learned single Judge of the same High Court in Writ Petition (C) Nos. 22679-80 of 2005 and Writ Petition (C) No. 4985 of 2006 dismissed the appeals filed by the appellants herein. 4. Brief Facts: (a) Living Media India Ltd.-Respondent No. 1 is a company incorporated under the Companies Act, 1956 which publishes the magazines "Reader's Digest" and "India Today". These magazines are registered newspapers vide Registration Nos. DL 11077/03-05 and DL 11021/01-05 respectively issued by the Department of Posts, Office of the Chief Post Master General, Delhi Circle, New Delhi (in short 'Postal Department')- appellant herein under the provisions of the Indian Post Office Act, 1898 (in short 'the Act') read with the Indian Post Office Rules, 1933 (in short 'the Rules') and the Post Office Guide and are entitled for transmission by post under concessional rate of postage. (b) On 14.10.2005, the Manager (Circulation), Living Media India Ltd., submitted an applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct that the application for condonation of delay in filing the SLPs dated 10.02.2011 does not contain acceptable and plausible reasons, we permitted the appellant-Postal Department to file a better affidavit explaining the reasons for the same. Pursuant to the same, an affidavit has been filed on 26.12.2011. After taking us through the same, learned Additional Solicitor General submitted that in view of series of decisions of this Court and the appellant being a Government Department, delay may be condoned and an opportunity may be given to put-forth their stand as to the impugned judgment of the High Court. 7. Before going into the reasons furnished by the Department for the delay, let us consider various decisions of this Court relied on by Mr. Raval, learned ASG. (i) In Collector, Land Acquisition, Anantnag and Another v. Mst. Katiji and Others, [1987] 2 SCC 107, while considering "sufficient cause" in the light of Section 5 of the Limitation Act, 1963, this Court pointed out various principles for adopting liberal approach in condoning the delay in matters instituted in this Court. Learned ASG heavily relied on the following principles:- "1. Ordinarily a litigant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judicial verdict, these factors which are peculiar to and characteristic of the functioning of the government. Governmental decisions are proverbially slow encumbered, as they are, by a considerable degree of procedural red tape in the process of their making." Considering the peculiar facts, namely, the change of government pleader who had taken away the certified copy after he ceases to be in office, the High Court condoned the delay which was affirmed by this Court. (iii) In State of Haryana v. Chandra Mani and Others, [1996] 3 SCC 132, while condoning the delay of 109 days in filing the LPA before the High Court, this Court has observed that certain amount of latitude within reasonable limits is permissible having regard to impersonal bureaucratic setup involving red-tapism. In the same decision, this Court directed the State to constitute legal cells to examine whether any legal principles are involved for decision by the courts or whether cases required adjustment at governmental level. (iv) In State of U.P. and Others v. Harish Chandra and Others, [1996] 9 SCC 309, by giving similar reasons, as mentioned in Chandra Mani's case (supra) this Court, cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in for filing the petition for Special Leave Petition. It is submitted that unlike the private litigant the matters relating to government are required to be considered at various levels and then only a decision is taken. 4 In the present case it would be evident from the following that delay has been caused due to unavoidable circumstances:- 11.09.2009 Date of judgment in LPA Nos. 418/2007 and 1006-2007 29.10.2009 Certified copy of judgment not received from the Government counsel and hence copy of judgment was downloaded from the web site of Delhi High Court and office note was put by ASP (Court) proposing to refer the matter to Postal Directorate for opinion and further course of action for approval of the Chief Postmaster General, Delhi. 12.11.2009 Chief Postmaster General Delhi approved to refer the matter to Directorate. 16.12.2009 Directorate desired to submit legal opinion and certified copy of judgment. 08.01.2010 The counsel appearing on behalf of the petitioner had applied for the certified copy of the impugned judgment and order and the same was received by the Department on 08.01.2010. 11.01.2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 14.01.2011 Shri A.K. Sharma was requested to arrange to collect the above magazines from the record of Delhi High Court. 31.01.2011 SSRM Delhi Sorting Division was authorized to sign the affidavit on behalf of the respondent. 10.02.2011 Special Leave Petition filed in Supreme Court. 5. It is submitted that it is evident from the foregoing reasons that the delay caused in filing the petition was result of all the necessary and unavoidable office formalities and was bonafide and not deliberate or intentional and the petitioner was prevented by sufficient cause from filing the petition within the period of limitation. 6. It is further submitted that the petitioner humbly seeks leave to draw the kind attention of this Hon'ble Court to the views expressed by this Hon'ble Court that liberal approach may be adopted and that the Court should not take too strict and pedantic stand which will cause injustice while considering the application for condonation of delay, in terms of its judgments in the case of Collector Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors. and Bhag Singh & Anr. v. Major Daljeet Singh & Ors. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich Special Leave Petition could not be filed within the time." 10. Before considering whether the reasons for justifying such a huge delay are acceptable or not, it is also useful to refer the decisions relied on by Mr. Soli J. Sorabjee, learned senior counsel for the respondents. (i) In Commissioner of Wealth Tax, Bombay v. Amateur Riders Club, Bombay, 1994 Supp (2) SCC 603, there is a delay of 264 days in filing the SLP by the Commissioner of Wealth Tax, Bombay. The explanation for the delay had been set out in petitioner's own words as under: ".....2 (g) The Advocate-on-Record got the special leave petition drafted from the drafting Advocate and sent the same for approval to the Board on June 24, 1993 along with the case file. (h) The Board returned the case file-to the Advocate-on-Record on July 9, 1993 who re-sent the same to the Board on September 20, 1993 requesting that draft SLP was not approved by the Board. The Board after approving the draft SLP sent this file to CAS on October 1, 1993." After incorporating the above explanation, this Court refused to condone the delay by observing thus: "3. ....... Having regard to the law of limitation which binds ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of public policy. Public interest demands that the State or the beneficiary of acquisition, as the case may be, should not be allowed to indulge in any act to unsettle the settled legal rights accrued in law by resorting to avoidable litigation unless the claimants are guilty of deriving benefit to which they are otherwise not entitled, in any fraudulent manner. One should not forget the basic fact that what is acquired is not the land but the livelihood of the land losers. These public interest parameters ought to be kept in mind by the courts while exercising the discretion dealing with the application filed under Section 5 of the Limitation Act. Dragging the land losers to courts of law years after the termination of legal proceedings would not serve any public interest. Settled rights cannot be lightly interfered with by condoning inordinate delay without there being any proper explanation of such delay on the ground of involvement of public revenue. It serves no public interest." 11. We have already extracted the reasons as mentioned in the "better affidavit" sworn by Mr. Aparajeet Pattanayak, SSRM, Air Mail Sorting Division, New Delhi. It is relevant to note that in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government. 13. In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few. Considering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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