Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach

A Supreme Court Bench of Justices Dinesh Maheshwari and Hrishikesh Roy was considering an appeal moved by the UP government, challenging an Allahabad High Court judgement which enhanced the compensation for a piece of land to one Vimla Devi. Since the State's application was time-barred by 1173 days, an application seeking condonation of delay was moved before the Top Court.

The State had argued that the delay had to be excused owing to COVID-19. And, also because the Top Court had suspended the limitation period till March 31, 2022. The Bench was not satisfied.

"A cursory reference to the pandemic situation is baseless for the reason that no such situation was prevalent on the date of passing of the order by the High Court and at least seven months thereafter", the Bench said while adding that the State had not given any explanation for the inordinate delay in filing the application post March 31.

There's not even a semblance of sufficient cause for condonation of a huge delay of 1173 days, the Court said.

With this, the Court further noted that the date of judgment and particulars stated in the State's appeal, was not pertaining to the present matter.

"It is also disturbing to notice that the application has been filed in a casual manner before this Court, as could be seen from paragraph 6 of the extraction aforesaid, where the date of judgment and particulars of the appeal are not of the present matter at all. Obviously, such incorrect particulars have occurred because of preparation of the application in a casual manner, essentially with reproduction or copying of the contents from any other application."

During the hearing, the senior counsel appearing for the State had admitted that the application did not have all the relevant and correct particulars and therefore, sought for time to file a better one. The Court did not entertain this request.

"In the totality of circumstances of this case, we have declined such a prayer for filing better affidavit. The State litigation, in our view, cannot be taken so casually that the application seeking to explain an inordinate delay of 1173 days is filed bereft of all the necessary particulars and is containing incorrect particulars."

"We are left with no doubt that such matters are filed in a cursory manner to somehow seek a certification of dismissal by the Supreme Court. We thoroughly disapprove such a practice and feel necessary to impose costs on the petitioners", the bench observed.

Strongly disapproving the practice, the Bench imposed Rs One Lakh as costs on the State government, to be deposited with the welfare fund of the Supreme Court Employees Welfare Association within four weeks.

The Court also left it open to the State to recover the amount from the persons/officers responsible for filing the petition with inexplicable delay without sufficient cause and any justification. The recovery could be made after depositing the amount of costs, the Court clarified.