The court ruled that local self-governments must adhere to limitation laws with no special exemptions and must provide adequate justification for any delay in filing petitions.

JUDGMENT :

Abasaheb D. Shinde J.

1. Heard the learned Counsel for the Applicants and the learned AGP for Respondent Nos.2 to 4.

2. By this Civil Application, the Applicants/Original Respondent Nos.4 to 6 in Writ Petition No.6728 of 2019 are seeking condonation of delay of 3 years and 3 months in filing Review Petition, seeking review of order dated 11.06.2019 passed in Writ Petition No.6728 of 2019.

3. The learned Counsel for the Applicants submits that though the order of which the review has been sought is passed on 11.06.2019, however, considering the fact that the said order involves financial implications, the Applicants have decided to file Review Petition. The learned Counsel for the Applicants further submits that the Applicants being local self-government required some time to take policy decision of filing Review Petition. It is further contended that, the decision making process of the local self-government is clumsy and time consuming. It is further contended that the Applicants after receiving the instructions from the State Government of filing Review Petition took some time to complete the necessary formalities as well as procedural compliances hence there is a delay of 3 years and 3 months caused in filing the Review Petition which is not intentional or deliberate nor the Applicants are going to derive any benefit by filing the Review Petition beyond period of limitation. The learned Counsel for the Applicants therefore submits that there is sufficient cause for filing the Review Petition beyond the period of limitation and therefore the delay deserves to be condoned.

4. It is true that while considering an application for condonation of delay a liberal and pragmatic approach needs to be adopted. It is also equally true that it is not the length but the explanation of delay that needs to be considered.

5. To appreciate the contentions of the Applicants, it would be apt to reproduce the averments in paragraphs 3 and 4 of the Civil Application as under :-

“3. The applicants say that, the local self-government had to take a policy decision to file a review petition of the decision of this Hon'ble Court, invoking review jurisdiction predominantly on the ground that extension of the benefits is a mistake, capable of being rectified and especially in the wake of the undertakings executed by respective petitioner (respondents No. 1 herein) to refund the amounts, if found to have been paid in excess, at a later stage. However, the decision making process of the local self-government is clumsy and time consuming, there has been a delay of about 3 years 3 months in invoking the review jurisdiction of this Hon'ble Court, the present application is being filed seeking condonation of the said delay.

4. The applicants says that, it has also received instruction from the State Govt. for filing a review petition against the impugned decision and sequel thereto, by completing the necessary formalities and procedural compliances, the applicants have filed a present petition, seeking review of the decision rendered by this Hon'ble Court in W. P. No. 6728 of 2019 dated 11.6.2019. However, in the process there has been a delay of about 3 years 3 months, which deserves to be graciously condoned by this Hon'ble Court as the same being neither intentional nor deliberate. Similarly, the applicant is not likely to derive any benefit by filing the review petition beyond the period of limitation.”

6. No doubt that the Applicants are local self-government, however, even then the law of limitation would apply with all its rigour. Similarly either it is a private litigant or a government and local government authority showing “sufficient