9911796707
TMI Blog2008 (11) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent under Section 5 of the Limitation Act, 1963 (hereinafter referred to as the said Act ) to condone the delay of 1724 days in filing appeals against the award passed by the Civil Judge, Senior Division, Jalgaon in land acquisition cases. The High Court accepted the explanation offered by the respondent no. 1 herein for the apparent inordinate delay in filing the appeals against the award of the Reference Court. 3. Brief facts needed for disposal of these appeals are as under: 4. The lands belonging to the appellants were acquired at the instance of the respondent for a public purpose under the draft Notification published in Maharashtra Government Gazette on 06.03.1997. The Special Land Acquisition Officer, Upper Tapi Project (Hatnur), Jalgaon passed the award dated 31.3.1999. The appellant sought for reference of the said award under Section 18 of the Act seeking enhancement of the compensation. The learned Civil Judge, Senior Division, Jalgaon disposed of the references vide award/judgment dated 9.3.2000 enhancing the compensation over and above the amount fixed in the award passed by the Special Land Acquisition Officer. Be it noted, not only the Special Land Acquisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant executed the decree and realized the entire money deposited into the court. 7. The High Court having considered the applications filed under Section 5 of Limitation Act condoned the inordinate delay of 1724 days in filing the appeals. Hence these appeals by special leave. 8. Shri Soli J. Sorabjee, learned senior counsel appearing on behalf of the appellant submitted that the approach adopted by the High Court in deciding the applications is totally erroneous and cannot be sustained. The jurisdiction vested in the courts to consider whether any sufficient cause has been shown to condone delay is no doubt discretionary but the discretion must be exercised judicially and not in any arbitrary manner. It was further contended that the averments made in the applications filed by the respondent herein seeking condonation of delay in preferring the appeal is full of patently false averments. On this ground alone the applications ought to have been dismissed. There is no explanation whatsoever forthcoming as to why respondent being beneficiary could not have preferred the appeals if it was aggrieved by the award passed by the Reference Court. 9. Shri V.A. Mohta, learned senior co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent did not act in the matter and initiated any steps for filing the appeals if it was really aggrieved by the decision of the Reference Court. There is no doubt whatsoever in our mind that the respondent made totally incorrect statement in the application filed in the High Court. We express our reservation as to the manner in which a public authority conducted itself in its anxiety to somehow get the relief from the court. In our considered opinion incorrect statement made in the application seeking condonation of delay itself is sufficient to reject the application without any further inquiry as to whether the averments made in the application reveal sufficient cause to condone the delay. That a party taking a false stand to get rid of the bar of limitation should not be encouraged to get any premium on the falsehood on his part by condoning delay. [See: (1993)1SCC 572]. 12. Whether the High Court properly exercised its discretion? The High Court in its order having noticed the relevant fact in categorical terms held that there was no substance in the plea that it was unaware about the judgment and award passed by the Reference Court since it was a party before the Refere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent beneficiary of acquisition. The respondent beneficiary in its application seeking condonation of delay refers to the letter dated 19.11.2003 issued by the Secretary, Irrigation Department, directing it to obtain legal advice from an advocate to initiate appropriate proceedings. The respondent instead of acting in the matter once again had chosen to address S.L.A.O.vide letter dated 06.02.2004 with a request to challenge the impugned judgment and award of the Reference Court. The same request was made by repeating reminders upto 12.07.2004. On 18.05.2004, the respondent beneficiary addressed a letter to the Collector requesting him to direct the Land Acquisition Officer to prefer an appeal. This correspondence continued up to 21.06.2004. Thereafter, the application along with the appeal seeking condonation of delay was filed on 25th February, 2005. The applicant having set the machinery in motion cannot abandon it to resume it after number of years because the authority with whom it had entered into correspondence did not heed to its request to file appeals. The question is : Can the respondent/applicant in this case take advantage of its negligence, after lapse of number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l anarchy. The law of Limitation is thus founded on public policy. The decision does not lay down that a lethargic litigant can leisurely choose his own time in preferring appeal or application as the case may be. On the other hand, in the said judgment it is said that court should not forget the opposite party altogether. It is observed: It is enshrined in the maxim interest reipublicae up sit finis litium ( it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. The idea is that every legal remedy must be kept alive for a legislatively fixed period of time. 19. In Ramlal and others vs. Rewa Coalfields Ltd. [ AIR 1962 SC 361], this court held that: in construing Section 5 of the Limitation Act, it is relevant to bear in mind two important considerations. The first consideration is that the expiration of period of limitation prescribed for making an appeal gives rise to right in favour of the decree holder to treat the decree as binding between the parties and this legal right which has accrued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation Acts is laid down as follows: The courts have expressed at least three different reasons supporting the existence of statutes of limitation, namely,(i) that long dormant claims have more of cruelty than justice in them, (ii) that a defendant might have lost the evidence to dispute the stated claim, (iii) that persons with good causes of actions should pursue them with reasonable diligence. 23. Statutes of limitation are sometimes described as statutes of peace . An unlimited and perpetual threat of limitation creates insecurity and uncertainty; some kind of limitation is essential for public order. This court in Rajender Singh and others vs. Santa Singh and others [(1973) 2 SCC 705] has observed : the object of law of Limitation is to prevent disturbance and deprivation of what may have been acquired in equity and justice by long enjoyment or what may have been lost by a party s own inaction, negligence or laches . In Motichand vs. Munshi [(1969) 2 SCR 824], this court observed that this principle is based on the maxim interest republicae ut sit finis litum, that is, the interest of the State requires that there should be end to litigation but at the same time law ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
