S K ENTERPRISES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This application has been field on behalf of therespondent Delhi Development Authority (hereinafter referred to as 'theDDA') under Section 5 of the Limitation Act. In this application it hasbeen prayed that the delay in filing the objections be condoned.

(2.) In para 3 of the application it has been stated that the notice offiling of the award was received by the DDA on 1/10/1992. It isfurther stated that the Executive Engineer of the Division concernedprepared his comments on the award on 15/10/1992 and the samewere sent to the Chief Engineer for approval on the same date. Thereafterthe Chief Engineer gave his approval on 4/11/1992 and the filewas sent to the legal cell of DDA. On 18/11/1992 the legal cellof DDA is stated to have given its approval. It is then stated in theapplication that the file was mixed up with some other file and came to thenotice of the concerned officer only on 5/02/1993 and thereafter apanel lawyer was briefed and objections were filed on 18/02/1993.Reply to this application has been filed on behalf of the petitioner and ithas been stated in the reply that the explanation given by the DDA is notsatisfactory and as such the delay should not be condoned.

(3.) Ms. Ansuya Salwan, learned Counsel for the DDA submitted thatthe delay has been explained in the application and the DDA being aGovernment department and the file having been misplaced, a liberal viewshould be taken and the delay should be condoned. In support of hercontention she has placed reliance on a Supreme Court judgment inG. Ramegowde Major and (Others v. Special Land Acquisition OfficerBangalore, 1988 (2) SCC 142.