Summary
The High Court refused to condone a 312-day delay in the State’s first appeal against a decree requiring surrender of land said to be strategically important. Considering the special security and public-interest circumstances, the Supreme Court condoned the delay subject to costs and restored the appeal for decision on merits. Possession and execution remained subject to that decision.
Issues
- Whether the special circumstances justified condoning the State’s delay in filing its first appeal.
Held
- The period spent before the wrong forum explained only forty-four days, and the remaining delay had not been adequately explained. Nevertheless, the Court considered governmental decision-making, institutional interests and the asserted strategic security importance of the land sufficient to warrant merits consideration in the special circumstances. (¶¶ 7, 8, 9, 10, 11, 12)
- The rival claims about possession and completion of execution were not resolved in this appeal; both were made subject to the High Court’s final decision in the restored first appeal. (¶¶ 5, 6, 12)
Result
The appeal was allowed. The delay was condoned subject to the State paying Rs.50,000 costs in the High Court, and RFA 5 of 2017 was restored for decision on merits. The Executing Court was directed to refund the State’s Rs.15 lakh deposit with accrued interest.