R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
University of Delhi – Appellant
Versus
Union of India – Respondent
Key Points: - The judgment centers on condonation of inordinate delay and laches in filing a writ petition and subsequent LPA, and whether such delay can be condoned (!) (!) (!) . - It emphasizes that a liberal approach to condonation is allowed but not automatic; "sufficient cause" must be shown, considering accrued rights of opponents (!) (!) (!) (!) (!) (!) (!) . - The Division Bench’s dismissal of the LPA due to 916 days delay was upheld, finding the delay not sufficiently explained and constituting laches, thereby denying merits consideration (!) (!) (!) (!) (!) (!) . - The Court reiterates that public interest does not automatically override delay or laches; the State’s delay does not grant an automatic concession to condone (!) (!) (!) . - The decision references Katiji and M/s Katiji principles on sufficient cause and the need for a rational, common-sense approach to condonation (!) (!) (!) . - It concludes that the appeals are devoid of merits and dismisses them; no costs awarded, pending applications disposed (!) .
JUDGMENT :
A.S. Bopanna, J.
Leave granted.
2. These appeals have been preferred by the appellant-University of Delhi through its Registrar to challenge the common judgment and order dated 29.10.2018 whereby, the High Court of Delhi declined to condone the delay of 916 days in filing the appeal to challenge the judgment dated 27.04.2015 whereunder, the learned Single Judge had dismissed the W.P (C) No.2743/2012 filed by the University of Delhi.
3. The challenge in the writ petition was, inter alia, to the decision dated 12.5.2011 of the Delhi Development Authority (hereinafter referred to as the, “DDA” for short) who had allowed respondent no.13-M/s Young Builders (P) Ltd. to construct a high-rise multistory group housing society in the control zone of Zone-C in the University campus, without any height restriction. The construction permission was allowed on the plot leased out to the Delhi Metro Rail Corporation (hereinafter referred to as the, “DMRC” for short) by permitting segregation of 2 hectares as a separate entity from the total 3 hectares of land, acquired for the metro station.
4. The principal contentions of the appellant University on the merits of the challenge were as foll
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