The High Court of Delhi dismissed a Letters Patent Appeal challenging the dismissal of a writ petition regarding allotment of an alternative residential plot. The court held that the appellant failed to explain a 30-year inordinate delay, and thus upheld the Single Judge's order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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LAND & BUILDING DEPARTMENT ..... Respondent Through: Attendance slip not given
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R % 04.09.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM APPL. 20744/2019(DELAY OF 14 DAYS IN FILING LPA)
For the reasons stated in the application, 14 days delay in filing the Letters Patent Appeal is condoned. Application is allowed and disposed of.
LPA 294/2019
1, This Letters Patent Appeal has been preferred by the appellant (original petitioner), whose WP(C) No. 2538/2019 was dismissed by the learned Single Judge vide judgment and order dated 13th March, 2019.
LPA 294/2019
Page 1 of 3
appears that the appellant seeks allotment of the alternative residential plot in lieu of the land acquired from the appellant.
“8. …… In those cases, where the period of limitation is prescribed within which the action is to be brought before the court, if the action is not brought within that prescribed period, the aggrieved party loses remedy and cannot enforce his legal right after the period of limitation is over, however, subject to the prayer for condonation of delay and if there is a justifiable explanation for bringing the action after the prescribed period of limitation is over and sufficient cause is shown, the court may condone the delay …… It is not that in each and every case despite the sufficient cause is not shown and the delay is not properly explained, the court may condone the delay. To make out a case for condonation of delay, the applicant has to make out a sufficient cause/reason which prevented him in initiating the proceedings within the period of limitation.
LPA 294/2019
Page 2 of 3
Otherwise, he will be accused of gross negligence. If the aggrieved party does not initiate the proceedings within the period of limitation without any sufficient cause, he can be denied the relief on the ground of unexplained laches and delay and on the presumption that such person has waived his right or acquiesced with the order. These principles are based on the principles relatable to sound public policy that if a person does not exercise his right for a long time then such right is non-existent.”
(Emphasis supplied)
CHIEF JUSTICE
C.HARI SHANKAR, J.
SEPTEMBER 04, 2019 r.bararia
LPA 294/2019
Page 3 of 3
2 issues framed by the court
Whether the delay of 30 years in filing the writ petition calling for allotment of alternative residential plot warrants condonation and allowance of the Letters Patent Appeal against the dismissal.
Whether there is any sufficient cause to explain the inordinate delay and latches of 30 years in initiating the proceedings.
Colour shows how this judgement treated each authority
Baljeet Singh (Dead) through Lrs. And ors v. State of U.P.Referred¶17
Baljeet Singh(Dead) through Lrs. And ors v. State of U.P. (MANU/SCOR/23812/2019)
SUSHIL JINDAL
LAND & BUILDING DEPARTMENT
D.N. PATEL
C. HARI SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
