State's Attempt to Revive Land Case Fails as Court Emphasizes Accountability Over Bureaucratic Delays
In a significant judgment, the Allahabad High Court has dismissed the review petition filed by the State of Uttar Pradesh regarding a land dispute, citing an inordinate delay of 5743 days in filing the petition. The court's decision reinforces the principle that government bodies must adhere to the same standards of diligence and commitment as private litigants, and cannot hide behind bureaucratic inefficiencies.
The case, originally adjudicated in favor of Mohan Lal in 2009, involved the removal of the State's name from revenue records to replace it with Lal's, under the Urban Land (Ceiling and Regulation) Repeal Act, 1999. Despite the Supreme Court's dismissal of a related Special Leave Petition (SLP) due to a delay of 1633 days, the State sought to review the High Court's decision, only to face another rejection for failing to provide a sufficient explanation for the delay.
The bench, comprising Justices Neeraj Tiwari and Vivek Kumar Singh, emphasized that the law of limitation is binding on everyone, including government entities. The court criticized the State's reliance on bureaucratic red tape as a justification for the delay, calling it a manifestation of callousness and negligence.
Citing various precedents, including decisions from the Supreme Court, the judgment underscored the need for government departments to act with due diligence and accountability. The court noted that technological advancements should mitigate procedural delays and that the government should not expect leniency merely because of its administrative structure.
The decision serves as a reminder to government agencies to maintain vigilance in legal proceedings and underscores the judiciary's stance against condoning delays without reasonable cause. The court reiterated that condonation of delay should not be considered a matter of generosity, and substantial justice must not prejudice the opposing party.
Bottom Line:
Delay in filing review petition - State's application for condonation of delay rejected due to lack of sufficient explanation for an inordinate delay of 5743 days, emphasizing that government bodies must exercise diligence and commitment, and cannot seek shelter under bureaucratic red tape.
Statutory provision(s): Limitation Act, 1963 Section 5, Urban Land (Ceiling and Regulation) Repeal Act, 1999
State of UP v. Mohan Lal, (Allahabad)(DB) : Law Finder Doc Id # 2822106
