Sanjay Kishan Kaul, C.J. - (1.) CM -1776/LPA -2014 (For condonation of 723 days' delay in filing):.
(2.) THE Letters Patent Appeal has been filed with a delay of 723 days, i.e. two years. The only explanation given is in para -2 which states that it is not intentional but beyond the control of appellant, the appellant being the concerned Deputy Commissioner -cum -Registrar of Ambala. It further states that legal opinion was taken and post obtaining legal opinion and sanction the appeal has been filed with two additional documents. This can hardly be categorised, in our view, as sufficient cause for condonation of delay especially in view of judgment of the Supreme Court in Office of the Chief Post Master General & Ors. vs. Living Media India Ltd. & Anr., : 2012 (2) S.C.T. 269. It has been emphasised in the judgment as under: 12) It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery 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 to condone such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay.
(3.) WE may note that the matter in issue is not of some complicated larger principle but only of execution of a sale deed by a prospective purchaser when sale deed had been executed in the name of the earlier purchaser and an issue was sought to be raised as to whether land in question is shamlat deh. The compliance as per the impugned order dated 15.2.2012 had to be done within three months and, thus, obviously must have been done by now.;