Lt.Governor, Delhi Vs. Kasturi Lal & Anr.
EmailAppeal: Civil Appeal No.3385 of 1983.
Petitioner: Lt.Governor, Delhi
Respondent: Kasturi Lal & Anr.
Apeal: Civil Appeal No.3385 of 1983.
Judges: A.P.SEN & V.BALAKRISHNA ERADI, JJ.
Date of Judgment: Feb 27, 1987
Head Note:
INDIAN LIMITATION ACT, 1963:
Condonation of delay – Inordinate delay – Delay condoned lest the public interest should suffer.
Cases Reffered:
1. The Chief Commissioner (Now Lt.Governor) Delhi Adm., & Anr. etc. v. S.Dhanna Singh & Anr. etc., JT (1987) 1 SC 390.
JUDGEMENT:
ORDER
1. In view of the facts and circumstances of the present case we condone the delay, set aside the abatement of the appeal and direct that the names of legal representatives of the deceased-respondent no.2 Khairati Lal be brought on record, subject to payment of Rs.1,000 as costs to learned counsel for the respondents within two weeks from today. We condone the delay lest the public interest should suffer, and more particularly because the Court has in a very recent decision in The Chief Commissioner (Now Lt.Governor) Delhi Adm, & Anr. etc. v. S.Dhanna Singh & Anr. etc., JT (1987) 1 SC 390. JT (1987) 1 SC 390 reversed the judgment of the High Court and upheld the validity of the impugned notifications issued under ss.4 and 6 of the Land Acquisition Act, 1894.
2. We are deeply distressed that there should have been such inordinate delay which occurred due to the laches and gross negligence on the part of the concerned officers of the Delhi Administration. This is a matter which, in our opinion, should engage the attention of the Lieutenant Governor of Delhi so that he may fix responsibility on the concerned persons and also take steps to ensure that such delays should not recur hereafter.
3. The matter is adjourned for ten days.
Appeal allowed.
1. In view of the facts and circumstances of the present case we condone the delay, set aside the abatement of the appeal and direct that the names of legal representatives of the deceased-respondent no.2 Khairati Lal be brought on record, subject to payment of Rs.1,000 as costs to learned counsel for the respondents within two weeks from today. We condone the delay lest the public interest should suffer, and more particularly because the Court has in a very recent decision in The Chief Commissioner (Now Lt.Governor) Delhi Adm, & Anr. etc. v. S.Dhanna Singh & Anr. etc., JT (1987) 1 SC 390. JT (1987) 1 SC 390 reversed the judgment of the High Court and upheld the validity of the impugned notifications issued under ss.4 and 6 of the Land Acquisition Act, 1894.
2. We are deeply distressed that there should have been such inordinate delay which occurred due to the laches and gross negligence on the part of the concerned officers of the Delhi Administration. This is a matter which, in our opinion, should engage the attention of the Lieutenant Governor of Delhi so that he may fix responsibility on the concerned persons and also take steps to ensure that such delays should not recur hereafter.
3. The matter is adjourned for ten days.
Appeal allowed.
