A bench of justices G S Singhvi and S J Mukhopadhaya upheld an appeal filed by a land owner challenging a Bombay High Court permitting Municipal Corporation of Brihan Mumbai to file an appeal more than seven years after a civil suit was decreed against it.
The maximum permissible period for filing the appeal is normally 90 days.
"In cases involving the state and its agencies/ instrumentalities, the court can take note of the act that sufficient time is taken in the decision making process.
"But no premium can be given for total lethargy or utter negligence on the part of the officers of the state and/or its agencies/instrumentalities and the applications filed by them for condonation of delay cannot be allowed as a matter of course by accepting the plea that dismissal of the matter on the ground of bar of limitation will cause injury to the public interest," Justice Singhvi writing the judgement said.
In this case on May 2, 2003, a trial court in Mumbai passed a decree in favour of Maniben Devraj who had challenged the corporation's notice under Section 314 of the Mumbai Municipal Corporation Act, 1888 for demolition of her immovable properties in the city.
The Corporation did not challenge the trial court decree within the prescribed period of limitation and filed an appeal sometime in September, 2010 along with the applications for condonation of seven years and 108 days delay. MORE
