DELHI DEVELOPMENT AUTHORITY Vs. J N LUTHRA

JUDGEMENT

(1.) In this appeal an application has been filed on behalf of the D. D. A. for condonation of delay in filing the appeal. It is stated in the application that the impugned order dated 1st April, 1992 was received in the office of the appellant on 15th May, 1992. In order to obtain the sanction for filing the appeal the papers had to pass through various officers and that process was completed on 31st August, 1992. Thereafter the lawyer of the Delhi Development Authority (D. D. A) was contacted on 31.8.92 and he promptly drafted appeal and filed the same on 23rd September, 1992.

(2.) An objection has been raised on behalf of the respondent that the delay in filing the appeal has not been properly explained that the appeal was filed after more than 4 months of the receipt of the order by them and therefore, it was liable to be dismissed on this short ground. Mr. S. C. Varshney, learned Counsel for the appellant has argued that he has good appeal on merits and therefore, it should not be dismissed on the ground of limitation. He has further submitted that on account of various official formalities, the appeal could not be filed within limitation.

(3.) We have duly considered the submissions of learned Counsel. However, we agree with the submission of the learned Counsel for the respondent. It is well settled that each day's delay is to be explained by the appellant. In the present case, the ground for condonation of the delay in filing the appeal is that the file had to pass through various officers and that delayed the filing of the appeal. In our opinion it is no ground for condonation of the delay. The Law of Limitation is the same for statutory bodies as it is for living persons. Limitation of 30 days has been prescribed for appeal under Consumer Protection Act. It was incumbent on the appellant that it should have obtained the requisite sanction and filed the appeal within 30 days from the date of receipt of the copy of the order. In the present case even after getting the sanction, the appeal has been filed after 23 days. Thus, it is hopelessly barred by time.