A court may adopt a liberal approach to condone delay in restoration applications and set aside abatement if the delay is attributed to procedural bottlenecks and there is no evidence of gross negligence or lack of bonafides.

ORAL ORDER

1. The present application is filed by the applicant-State praying for condonation of delay of 155 days caused in preferring the restoration application seeking restoration of the application for condonation of delay along with the main appeal which has been dismissed on the ground of abatement of the proceedings vide order dated 31.01.2024 passed by this Court.

2. Learned Assistant Government Pleader Ms. Surbhi Bhati appearing for the applicant-State authorities has at the outset tendered apology that in absence of timely steps been taken to bring on record the heirs and legal representatives of the deceased respondent No.1. She has invited my attention to the relevant dates as averred in the application for condonation of delay as well as for setting aside of abatement being filed in the aforesaid proceedings. Referring to aforesaid averments made in the application as well as additional affidavit filed by the applicant-State, she has submitted that because of procedural bottlenecks, the time was consumed and, therefore, the application for bringing heirs of deceased respondent No. 1 could not be preferred within stipulated time. She has further submitted that there was no gross negligence or lack of bonafides on the party of State authorities to not to pursue the proceedings diligently. She has, therefore, prayed for condonation of delay of 155 days caused in preferring the restoration application and has also urged this Court to restore the original proceedings to its file.

3. I have considered the submissions made by learned Assistant Government Pleader in light of the averments made in the application seeking condonation of delay caused in preferring the restoration application.

4. From the record it transpires that the original proceedings relates to challenge to the order passed by the Reference Court in land acquisition proceedings. It further transpires that the respondent No.1 was reported to have expired on 27.01.2020, pursuant to the report submitted by the bailiff. From the order sheets, it transpires that on various occassions time was sought to bring on record the heirs and legal representatives of the deceased respondent No.1, despite sufficient opportunity being granted, in absence of any application being filed for bringing heirs and legal representatives of deceased respondent No. 1, this Court was constrained to dismiss the original proceedings on the ground of abatement vide order dated 31.01.2024.

5. Having noted the aforesaid, relevant dates, it transpires from the explanation offered that the office of Government Pleader had sought requisite instructions and documents in this regard. The explanation offered is that the copy of death certificate of respondent No. 1 was received, however, the details of heirs and legal representatives of deceased respondent No. 1 were awaited inasmuch as the pedinama from the office of Talati cum Mantri was sought for. It has further been stated on oath that on receipt of aforesaid documents and requisite details, the prompt steps were taken by preferring the application praying for condonation of delay caused in restoration along with the applications for bringing heirs been filed. Considering the aforesaid explanation offered, this Court has by taking liberal approach in absence of any gross negligence or lack of bonafides, condone the delay and have set aside the abatement as well as have permitted the proposed heirs of deceased respondent No.1 to be joined as party in the present proceedings.

6. For the reasons recorded in the aforesaid application for bringing heirs and condonati