Lt. Governor Vs. Kasturi Lal and anr. - Court Judgment |
SooperKanoon Citation | sooperkanoon.com/640319 |
Subject | Civil |
Court | Supreme Court of India |
Decided On | Feb-27-1987 |
Case Number | Civil Appeal No. 3385 of 1983 |
Judge | A.P. Sen and; V. Balakrishnan Eradi, JJ. |
Reported in | 1988Supp(1)SCC172 |
Acts | Land Acquisition Act, 1894 - Sections 4; Code Of Civil Procedure (CPC), 1908 - Order 22 Rule 9 |
Appellant | Lt. Governor |
Respondent | Kasturi Lal and anr. |
Cases Referred | Chief Commissioner Delhi Admn v. S.Dhanna Singh
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Excerpt:
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[ a.p. sen and; v. balakrishnan eradi, jj.] - code of civil procedure, 1908 — order 22 rule 9 — delay in bringing the lrs of the deceased-respondent on record condoned and abatement of appeal set aside in public interest -- we condone the delay lest the public interest should suffer, and more particularly because the court has in a very recent decision in chief commissioner (now lt. governor), delhi admn. 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......today. we condone the delay lest the public interest should suffer, and more particularly because the court has in a very recent decision in chief commissioner (now lt. governor), delhi admn. v. s. dhanna singh1 reversed the judgment of the high court and upheld the validity of the impugned notifications issued under sections 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.....
Judgment:A.P. Sen and; V. Balakrishnan Eradi, JJ.
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 the legal representatives of the deceased-Respondent 2 Khairati Lal be brought on record, subject to payment of Rs 1000 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 Chief Commissioner (now Lt. Governor), Delhi Admn. v. S. Dhanna Singh1 reversed the judgment of the High Court and upheld the validity of the impugned notifications issued under Sections 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.