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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
Bangalore Development Authority – Appellant
Versus
C. Arogyaswamy S/o Late Chowrappa – Respondent
| Table of Content |
|---|
| 1. details of the appeal against the judgment. (Para 1) |
| 2. cited reasons for delay in appeal. (Para 3 , 4) |
| 3. delay allows examination of merits. (Para 6 , 7) |
| 4. status of property and possession. (Para 8 , 9) |
| 5. conclusion dismissing the appeal. (Para 10) |
JUDGMENT :
D.K. SINGH, J.
1. The present writ appeal has been filed impugning the judgment and order dated 23.01.2017 passed by the learned Single Judge in Writ Petition Nos.13592-595/16 (LA-BDA) filed by the respondent Nos.1 to 4 herein.
2. For the sake of convenience the parties are referred to as per their ranking in the writ petition.
3. This Appeal has been filed accompanying I.A. No.1/ 2024 seeking condonation of delay of 1,854 days in filing the aforesaid appeal. The reasons stated in the affidavit accompanying the application seeking condonation of delay are stated in paragraph Nos.7 and 8, which reads as under:-
"7. I state that, thereafter the file was sent to the legal section. Subsequently the file was mixed up with other file and the said file was not been traceable for several days in spite of the best effort made by the BDA officials. However after thorough search of the records in legal department the BDA of
Court emphasized that substantial and sufficient grounds must be shown for condoning significant delays in appeals, particularly when procedural requirements are not met and the land remains unused b....
A government body cannot benefit from its own negligence; explanations for condonation of delay must be reasonable, and inordinate delay jeopardizes the rights of others.
The main legal point established in the judgment is that the appellant must provide a reasonable and plausible explanation, absence of negligence or malafides, and legal and adequate reasons to condo....
The government must provide a substantial explanation for delays in legal actions, and mere claims of public interest do not justify excessive negligence or inaction.
The central legal point established in the judgment is the judicial approach to condonation of delay in land acquisition matters, emphasizing the need for a liberal approach due to the illiteracy and....
Though the Courts are required to weigh scale of balance of justice in respect of both the parties, the said principle cannot be given a total good-bye in the name of liberal approach.
The main legal point established in the judgment is that the law of limitation has to be applied with rigor, and a satisfactory explanation is required for condonation of delay.
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