TMI Blog2017 (6) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... dividual whose responsibility it was to embark upon the proceedings which are the natural consequences of the impugned award. The options available are either to accept the award and proceed to execute the same or to challenge the same. Nothing on record is pointed out about the steps taken by claimants also to get the award executed. When there is a large time gap in the initiation of the action, but once action is initiated it is vigilantly followed and reasonably explained, then the initial time gap in initiating the action requires to be construed liberally - In a given case, the reason behind lack of prompt action at local level can be attributed to several local factors prevailing at relevant time. These factors may not be within the control or knowledge of the Government Department at the State level. Hence such situation, if results in delay in initiating the process of filing appeal, if not inordinate, should not be permitted to act detrimental to the interest of the State at large. This Court is of the view that condonation of delay and permitting the State to proceed with the litigation would not, in any manner, cause any hardship to the claimants as in any case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isition Officer passed award on 27.09.2011 and declared compensation at the rate of ₹ 28/- per square meter. 4. Not being satisfied with the award of the Special Land Acquisition Officer, the interested persons preferred land reference cases with the claim of additional compensation at the rate of ₹ 1000/- per square meter. 5. The reference court allowed the references by awarding additional compensation at the rate of ₹ 417/- per square meter with statutory interest on the aggregate amount and benefits as provided under the Statute. 6. The State of Gujarat, through the concerned Department has resolved to challenge the order of the learned Principal Senior Civil Judge, Vyara in awarding compensation at the rate mentioned in the preceding paras. However, when such appeals were preferred before this Court there was delay of 744 days. In para 3 of the Civil Application, the State of Gujarat has narrated as to how files in connection with preferring all the appeals have proceeded from the concerned Department to the Secretariat. It also narrates bare dates as to how files proceeded, which can be narrated as under: Date even ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /09/16 Office of the Government Pleader received detailed Record Proceedings of the land reference case. 23/09/16 First Appeal filed with delay of 744 days. 7. The learned Assistant Government Pleader (AGP) appearing on behalf of the State submits that the delay which had occurred in preferring the appeals is merely on account of procedure required to be followed and that on account of financial implication, Government had to decide to constitute a committee especially with reference to resolution of the State Government regarding preferring appeals where petty amount is involved. He submits that the Government by its resolution had constituted such committee. Said committee has undertaken the exercise of examining the case in totality including resolution pertaining to appeals in case of petty amount involved and that after undertaking such exercise gave opinion that appeals may be preferred in such cases. 8. Mr.Nirupam D. Nanavaty, learned senior counsel appearing on behalf of the respondent-claimants has opposed the Civil Applications for condonation of delay. He submits that now it is well settled proposition of law that even for the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. Paras 9 and 10 are relied on. (xv) Kumar and others Vs. Karnataka Industrial Cooperative Bank Ltd and others, reported in (2013) 11 SCC 668. Para 7 is relied on. (xvi) Maniben Devraj Shah Vs. Municipal Corporation of Brihan Mumbai, reported in (2012) 5 SCC 157. Paras 14, 15, 25 and 29 are relied on. (xvii) Anshul Aggarwal Vs. New Okhla Industrial Development Authority, reported in (2011) 14 SCC 578. Para 5 is relied on. (xviii) Pundik Jalam Patel Vs. Executive Engineer, Jalgaon Medium Project and another, reported in (2008) 17 SCC 448. Paras 17 to 20 are relied on. 10. Mr.Nirupam D. Nanavaty, learned senior counsel appearing on behalf of the respondent- claimants has also relied upon the Circular issued by the Government of Gujarat, Legal Department dated 09.02.2015, pursuant to the direction issued by the High Court of Gujarat, which provides for time bound steps to be taken by the officers and authorities for avoiding the delay in court proceedings on the part of the State Government and therefore, even as per the circular the officers and authorities were bound to act. For not having acted so, the claimants cannot be made to suffer. 11. Mr.Nirupam D. Nan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Department to forward the file to the Finance Department for sanction of grant under the Budget Head- 8674 and for the same on 23.11.2015 Special Secretary, Narmada Water Resources, Water Supply and Kalpasar Department granted sanction to forward the file before the Finance Department. Accordingly on 02.12.2015 the file was submitted to the Finance Department (Budget Branch). 15. On the other hand the concerned Department has also sought opinion from the Deputy Collector, Rehabilitation- cum- Special Land Acquisition Officer by letter dated 07.12.2015 and the Deputy Collector, Rehabilitation furnished his opinion vide communication dated 06.01.2016. The Finance Department returned the file on 22.01.2016 with instructions to constitute a committee and that file was required to be submitted after scrutiny by the appropriate committee. In the meanwhile, the Superintending Engineer of the local area has also forwarded his opinion which was received by the concerned Department on 30.01.2016 and by the Department's Resolution dated 14.03.2016 a committee was constituted. The file was placed before the Committee on 04.04.2016. On 21.04.2016 the Committee agreed to accept the deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15. He submits that date of knowledge as mentioned in the application is not a correct reflection of facts and according to him certified copy of the impugned award was applied on 24.01.2014 and the same was provided to the opponents on 30.01.2014. He draws attention of this Court to Annexure R-1, to his Affidavit in Reply dated 01.04.2017, to indicate that the Office of the learned District Government Pleader had made application dated 24.01.2014 for certified copy of the impugned award. 17. The Court may now proceed to consider the relevant judgments cited during the course of the arguments. Though several judgments/ orders have been cited many of the orders are pertaining to limitations prescribed under the Statute like Motor Vehicles Act, Arbitration Act, Bombay Provincial Municipal Corporations Act, or the Workmen's Compensation Act or Code of Criminal Procedure referring to revisional jurisdiction. 18. Discussion on the issue of condonation of delay in the cited judgments is as under: (A) Municipal Corporation of the City of Ahmedabad Vs. Voltas Ltd, reported in 1994 (2) GLR 1325. The Full Bench of this Court was considering the reference made to it on account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the case cannot be regarded as the sole factor or a predominant factor while adjudicating upon the sufficiency of the cause for condonation of delay. (4). Whether the delay is for a short period or a long period is of no consequence. If sufficient cause is shown, long delay can be condoned and if no cause is shown, even delay for a short period may not be condoned. (5). The principle in law only is that the Courts are required to take a liberal view while considering the facts constituting the sufficiency of the cause, on the basis of which condonation of delay is sought. This does not necessarily amount to saying that all applications for condonation must be granted. This is necessarily within the discretionary jurisdiction of the Court, and the Court deciding the application for condonation would necessarily exercise its discretion judicially in 'the light of the well established principles, as regards the appreciation of the relevant facts. (B) Office of the Chief Post Master General others Vs. Living Media Indian Ltd another, reported in 2012 (1) GLH 670 (SC). The Hon'ble Apex Court was considering whether the Office of the Chief Post Master General h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by this court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature. (E) Amalendu Kumar Bera and others Vs. State of West Bengal, reported in (2013) 4 SCC 52. The Hon'ble Apex Court was considering whether the objections under section 47 of the Code of Civil Procedure filed by the State (judgment debtor) were dismissed twice and the revision was preferred by the State after lapse of 13 months against the second dismissal order along with application for condonation of delay. When the learned District Judge allowed the application for condonation, the High Court dismissed the revision application filed by the decree-holder holding specifically that the delay should be condoned by adopting liberal attitude towards the State. In these facts, the Hon'ble Apex Court held that in ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to the land losers facilitating their rehabilitation/resettlement is equally an integral part 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 which otherwise not entitled in law 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. 31. It is true when the State and its instrumentalities are the applicants seeking condonation of delay they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on technical grounds but because it is capable of removing injustice and is expected to do so. (I) In a decision rendered in the case of G. Ramegowda, Major and others Vs. Special Land Acquisition Officer, Bangalore, reported in (1988) 2 SCC 142, 8. In litigations to which Government is a party there is yet another aspect which, perhaps, cannot be ignored. If appeals brought by Government are lost for such defaults, no person is individually affected; but what, in the ultimate analysis, suffers is public interest. The decisions of Government are collective and institutional decisions and do not share the characteristics of decisions of private individuals. (J) In the case of State of Haryana Vs. Chandra Mani and others, reported in (1996) 3 SCC 132, the Hon'ble Apex Court has observed that certain amount of latitude within reasonable limits is permissible having regard to impersonal bureaucratic setup involving red-tapism. 19. With the aforementioned, the Court may proceed to consider the facts which had emerged in this case. 20. Having taken into consideration the pleadings, the case papers and the arguments forwarded by the respective parties, this Court finds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich was responsible to take decision regarding carrying the litigation in appeal was not made aware of the impugned decision, viz. the award of the Reference Court, immediately. This Court is of the view that such non-communication can be attributable to local parameters for which the State as a whole cannot be held responsible so as to deprive the State of an opportunity of agitating a legal right to challenge the award before higher forum. Moreover, considering the fact that huge tracts of land were acquired and so far as litigation of acquisition proceeding was in four different groups and each group consists of several references. All these groups have been decided on different dates as mentioned in the tabular form hereinabove. Therefore, the first award in a group of same acquisition was on 05.11.2014. Therefore, it was reasonable for the State in this case to wait for final outcome in each of the references so that a uniform stand can be taken in such group of litigations. 24. This Court is of the view that condonation of delay and permitting the State to proceed with the litigation would not, in any manner, cause any hardship to the claimants as in any case, the lands s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
