SC slaps Rs 1 lakh cost on state of UP; raps for casual approach in filing appeal after 1173 days of delay
Court further noted that the application seeking condonation had been filed in a casual manner, where the date of judgment and particulars of the appeal were not of the present matter at all.
Holding that a State litigation cannot be taken so casually wherein the application seeking to explain an inordinate delay of 1173 days is filed bereft of all the necessary particulars and is containing incorrect particulars, the Supreme Court dismissed the application filed by State of Uttar Pradesh with costs quantified at Rs.1,00,000 (Rupees One lakh).
"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", observed a bench of Justices Dinesh Maheshwari and Hrishikesh Roy.
The State of Uttar Pradesh had approached the Supreme Court against the High Court's order whereby it had provided for certain enhancements in the amount towards compensation for the acquired land in favour of one Vimla Devi.
This plea was reportedly time-barred by a period of 1173 days and thus an application seeking condonation of delay had been filed in the matter.
After having gone through contents of the application, the court said,
"A bare look at the extraction aforesaid would leave nothing to doubt that there is not even a semblance of cause, what to say of sufficient cause, for condonation of a huge delay of 1173 days in filing this petition, which has been filed only on 31.10.2022."
Referring to the reasons mentioned in the application for such delay, Court said that a cursory reference which was made to the pandemic situation was 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.
"Moreover, the suspended limitation period due to pandemic came to an end on 31.03.2022 and there is no explanation whatsoever for an inordinate delay even thereafter", the bench noted.
Further, the Top Court noted how the application had been filed in a casual manner, as could be seen as the date of judgment and particulars of the appeal were not of the present matter at all. It added,
"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. Upon our expressing reservations thus, learned senior counsel appearing for the petitioners, of course, admitted that the application has not been filed with all the relevant and correct particulars but, prayed for time for filing a better affidavit."
With this view, the bench also declined a prayer for filing a better affidavit.
"Thus, the application seeking condonation of delay is rejected and this petition is, therefore, dismissed with costs quantified at Rs.1,00,000/- (Rupees One lakh), to be deposited by the petitioner-State in the welfare fund of the Supreme Court Employees Welfare Association within four weeks from today. We leave it open for the petitioner-State to recover this amount of costs, of course after depositing, from the persons/officers responsible for filing this petition with inexplicable delay without sufficient cause and without any justification...", ordered the Top Court.
Case Title: STATE OF UTTAR PRADESH & ANR. vs. VIMLA DEVI