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TMI Blog2018 (3) TMI 1630X X X X Extracts X X X X X X X X Extracts X X X X ..... impleaded as respondent Nos.1 to 7 the State Government and all the functionaries under the Maharashtra Land Revenue Code, 1966. 3. The Collector, Thane was impleaded only after the District Collectorate of Palghar was established and formed after District Palghar was carved out from a huge area governed by the State and falling in Thane District. 4. The 8th respondent to this petition is a Devasthan, styled as Shri Vajreshwari Yoginidevi Sansthan, Vajreshwari Village, Bhiwandi, District Thane. 5. The complaint of the villagers/residents is that this Court should quash and set aside a Circular dated 3072010 and consequential orders dated 29.2.2016 and 6.5.2016. 6. When such a petition was brought and a challenge was raised, we inquired from the counsel appearing for the petitioners as to which part of the Circular is affecting or prejudicing the case of the villagers. Our attention was invited to that part of the Circular which, according to these petitioners, virtually directs that while taking a review of the cases and particularly finding out the present status of the lands, their ownership, transfers and the revenue entries in relation to them, the authorities should bear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n perpetuates an act which is a patent illegality or a gross irregularity, to such an extent that they cannot be regularised, then, some regulatory mechanism had to be created and some inquiries were thought fit to be instituted. The measures had to be initiated after complaints were made in relation to a Devasthan which is wellknown in Maharashtra styled as Tulja Bhavani Devasthan, Taluka and District Osmanabad. 10. Mr. Samant laid special emphasis on the constitutional provision that there is a guarantee to an individual that his religious freedom will not be interfered with. An individual's right to profess his/her religion is undisturbed and uninterfered with. However, wherever religious bodies, organisations and establishments are functioning and working under a statutory scheme but they do not manage the affairs consistent with the object and purpose of the statute, then, the secular acts can very well be controlled by the State and regulated as well. While doing this, the State is not interfering with the individual's, or citizen's freedom to religion. All that the State ensures is that by the regulatory mechanism set up within the framework of a statute the lap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Mohammad Naim, reported in AIR 1964 SC 703 and earlier or later, the principle enshrined is that not even the highest authority/Court or Tribunal can control and interfere with a discretion vesting in a subordinate authority who exercises quasijudicial and judicial powers. In Mohammad Naim (supra) the Hon'ble Supreme Court in para 10, at page 707, held that there is one principle of cardinal importance in the administration of Justice. That is that the proper freedom and independence of Judges and Magistrates must be maintained and they must be allowed to perform their functions freely and fearlessly and without undue interference by anybody, even by the Supreme Court. They cannot be commanded to act in a particular way. No such command is binding on them. 16. What applies to Judges and Magistrates, equally applies to other statutory functionaries and Public Officials. Even their discretionary power has to be exercised by them by ignoring the interventions and directions of their superiors. 17. If any authoritative pronouncement is necessary, then, the observations of the Hon'ble Supreme Court in the case of Narendra Madivalapa Kheni Vs. Manikrao Patil and Ors., report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide for the mode and manner for dealing with the applications for grant of other types of permits. 18. The Act is a self contained Code. All the authorities mentioned therein are statutory authorities. They are bound by the provisions of the Act. They must act within the four corners thereof. The State, although, has a general control but such control must be exercised strictly in terms of Article 162 of the Constitution of India. Having regard to the nature and the manner of the control specified therein, it may lay down a policy. Statutory authorities are bound to act in terms thereof, but per se the same does not authorize any Minister including the Chief Minister to Act in derogation of the statutory provisions. The Constitution of India does not envisage functioning of the Government through the Chief Minister alone. It speaks of a Council of Ministers. The duties or functions of the Council of Ministers are ordinarily governed by the provisions contained in the Rules of Business framed under Article 166 of the Constitution of India. All governmental orders must comply with the requirements of a statute as also the constitutional provisions. Our Constitution envisages a rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... constant threat of disciplinary proceedings. It is only in case of a deliberate act and actuated by mala fides that the disciplinary proceedings can be initiated and not otherwise. The Hon'ble Supreme Court has summarised this principle of law in the case of Union of India and Ors. Vs. Duli Chand, reported in (2006) 5 SCC 680 (see paragraphs 5, 8 and 9). In that decision, the Hon'ble Supreme Court disapproved the reasoning enunciated in the case of Zunjarrao Bhikaji Nagarkar Vs. Union of India, reported in 1999 (7) SCC 409. 20. We are, therefore, of the firm opinion that the independent functionaries exercising quasi judicial powers, whether in terms of the circular or otherwise and particularly in terms of the Maharashtra Land Revenue Code, 1966 or allied laws, cannot be directed to condone the delay in all cases irrespective of the peculiar facts involved in each individual case. Thus, the delay will have to be condoned on case to case basis and there is no apprehension that unmindful of the facts, the peculiarities and only going by the circular, the delay will be condoned. There is a strong indictment by the Hon'ble Supreme Court and even the highest executive, sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this, when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties. 3. "Every day's delay must be explained" does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational common sense pragmatic manner. 4. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. 5. There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her cases required adjustment at governmental level. iv) In State of U.P. and others v. Harish Chandra and others, (1996) 9 SCC 309 : (AIR 1996 SC 2173 : 1996 AIR SCW 2785), by giving similar reasons, as mentioned in Chandra Mani's case (supra) this Court, condoned the delay of 480 days in filing the SLP. v) In National Insurance Co. Ltd. v. Giga Ram and others, (2002) 10 SCC 176, this Court, after finding that the High Court was not justified in taking too technical a view of the facts and refusing to condone the delay, accepted the case of the appellant-Insurance Company by protecting the interest of the claimant and condoned the delay. It is relevant to point out that while accepting the stand of the Insurance Company for the delay, this Court has safeguarded the interest of the claimant also. vi) In State of Nagaland v. Lipok Ao and others, (2005) 3 SCC 752 : (AIR 2005 SC 2191 : 2005 AIR SCW 1748), this Court, while reiterating the principle that latitude be given to government's litigation, allowed the appeal filed by the State of Nagaland. It is also relevant to note here that this matter relates to criminal jurisdiction and delay in filing the SLP was only 57 days. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Executive Engineer, Jalgaon Medium Project and another, (2008) 17 SCC 448 : (AIR 2008 SC (Supp) 1025), the question was whether the respondentExecutive Engineer, Jalgaon Medium Project had shown sufficient cause to condone the delay of 1724 days in filing appeals before the High Court. In para 17, this Court held: ".... The evidence on record suggests neglect of its own right for long time in preferring appeals. The court cannot enquire into belated and stale claims on the ground of equity. Delay defeats equity. The court helps those who are vigilant and "do not slumber over their rights". After referring various earlier decisions, taking very lenient view in condoning the delay, particularly, on the part of the Government and Government Undertaking, this Court observed as under:" 29. It needs no restatement at our hands that the object for fixing timelimit for litigation is based on public policy fixing a lifespan for legal remedy for the purpose of general welfare. They are meant to see that the parties do not resort to dilatory tactics but avail their legal remedies promptly. Salmond in his Jurisprudence states that the laws come to the assistance of the vigilant and not o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herited 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 bona fide 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 to condone su ..... 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