JUDGMENT :

Nelson Sailo, J

1. Heard Mr. Y.Doloi, learned Senior Panel Counsel for the Review Petitioners, Ms. N. Danggen, learned counsel appearing for the respondent Nos. 1-24 and Ms. K. Wangmo, learned Government Advocate for the State respondents through online mode.

2. By filing this review petition, the petitioners have sought review of the Order dated 16.11.2022 passed by this Court in IA(C) No.65/2022, by which the said Interlocutory Application was dismissed. Be it stated herein that IA(C) No. 65 of 2022 was filed by the petitioners seeking condonation of 824 days delay in filing the connected writ appeal against the Judgment & Order dated 18.12.2019 passed by the learned Single Judge in WP(C) No. 181(AP)/2019.

3. To begin with his submission, Mr. Y. Doloi, learned Senior Panel Counsel has drawn our attention to paragraph Nos. 3 and 4 of the order sought to be reviewed to contend that due to the prevailing Covid-19 Pandemic at the relevant time, there was restriction of movement and further, due to landslide, the road connectivity from Tuting to Yingkiong was disturbed from 4.10.2020 to 15.10.2020 and because of which, the department could not take prompt steps for filing the writ appeal. He also submits that the petitioners at the initial stage made attempts to comply with the direction of Writ Court by initiating processes, such as survey and verification of area of land concerned but after getting the legal opinion of their Legal Counsel, the petitioners decided to file an appeal, as was advised to them. The appeal therefore could be filed only on 08.04.2022 after a delay of 824 days.

4. Mr. Y. Doloi, learned Senior Panel Counsel further submits that due to the prevailing Covid-19 Pandemic at the relevant time, the Apex Court in Suo Motu Writ Petition (C) No.3 of 2020(Cognizance for extension of limitation In Re) vide Order dated 23.03.2020, ordered that the period of limitation in all such proceedings, irrespective of the limitation prescribed under the General Law or Special Laws, whether condonable or not would stand extended w.e.f. 15.03.2020 till further orders to be passed by the Apex Court in the said proceedings. The learned Senior Panel Counsel submits that subsequently, through various orders passed by the Apex Court, the limitation period was extended from time to time. Finally, vide Order dated 10.01.2022, limitation was extended up to 28.02.2022. The Apex Court further directed that in cases where limitation expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons will have a limitation period of 90 days from 01.03.2022. In the event the actual balance of limitation remaining w.e.f. 01.03.2022 is greater than 90 days, the longer period would apply. The learned Senior Panel Counsel therefore submits that in view of the extension of the limitation period by the Apex Court, the actual delay in filing the writ appeal is only 56 days.

5. The learned Senior Panel Counsel has also drawn our attention to the Communication dated 14.12.2020, which is at page 132 of the review petition to contend that the list of action initiated by the petitioners in chronological sequence has been listed after the passing of the Judgment and Order dated 18.12.2019 by the Writ Court. The learned Senior Counsel submits that a pragmatic approach should be taken in considering condonation of delay application and that the law of limitation is not to destroy the rights of the parties. The length of delay is not relevant but the acceptability of the explanation for the delay. He also submits that in appropriate cases, Courts have been liberal in condoning the delay and in taking a liberal view, Courts have also been imposing cost upon the party concerned. Therefore, given in the present case, Court may consider adopting such approach. In support of his submissions, the learned Senior Panel Counsel has relied upon the following authorities:-

i) State of Mahara