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It’s taxpayers’ money, HC to govt over delayed review pleas

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It’s taxpayers’ money, HC reminds govt for long-delayed review pleas

Observing that the tendency of the government to hide behind the court to cover its slow-paced action can hardly be appreciate­d, the Madras High Court imposed a cost of Rs 10,000 on the State for filing an appeal after a delay of over a year and a half in a land acquisitio­n case.

Justice N Seshsayee, on taking strong exception to the government reaction on a contempt petition by moving a plea seeking to condone the delay of 581 days in preferring a review applicatio­n, said: “As always happens, and generally stated in the affidavit filed in support of the petition, the customary administra­tive delay is mentioned as the reason for filing the applicatio­n belatedly.”

“This court ought to remind the State that in all matters involving the acquisitio­n of lands, the government is actually handling the finances of the State,” the judge said.

Pointing out that the administra­tive delay has created a potential possibilit­y of the government paying additional interest at enhanced rate, the judge said: “However, since public finance is involved, this court chooses to condone the delay, but on payment of the cost of Rs 10,000. The said sum is directed to be recovered from the salaries of the official respondent­s for the delay.” In this case, the court has passed an order dismissing a writ petition on December 19, 2017, with a direction to pass an award within eight weeks. Subsequent­ly, the petitioner filed the present contempt petition and on September 14, 2018, the government advocate appearing for the State made a statement that the orders would be complied within two weeks.

But, during the subsequent hearing of the contempt petition on January 8, 2021, the State along with the contempt petition moved a plea to condone the delay as it wanted the earlier order reviewed.

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