HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SURINDER PAUL

JUDGEMENT

(1.) The present revision petition has been filed by Haryana Urban Development Authority ( hereinafter referred as 'HUDA'). There is delay of 332 days. It is explained that the final order was passed by the State Commission on 30.6.2011. Thereafter, the petitioner got in touch with the relevant field officers in Ambala, to confirm from the spot, as to whether an IOC pipeline was passing underneath the respondent-complainant's plot. It is averred that petitioner being a government department, the case file had to pass through many channels before the approval could be granted before filing the present revision petition. It is pertinent to note that the petitioner does not mention the delay of how many days should be condoned. In para 7 of the application, the place where number was to be mentioned has been left blank. Learned counsel for the petitioner reiterated the above said submissions.

(2.) We have heard the learned counsel for the petitioner and gone through the record. Delay of 332 days does not constitute a sufficient ground. The petitioner has failed to explain day to day delay. It is surprising that the department is not interested in setting the system in order. The orders by the Commission, Hon'ble High Court and Hon'ble Supreme Court leave no impact upon the department. Nobody is ever held responsible for such an inordinate delay. The case is hopelessly barred by time.

(3.) In Anshul Aggarwal v. New Okhla Industrial Development Authority, 2011 4 CPJ 63, it has been held that "It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Court was to entertain highly belated petitions filed against the orders of the Consumer Foras".