GHMC's appeals dismissed over 820 and 794 days of delay; Court finds no sufficient cause or prima facie fraud case
In a significant ruling, the Telangana High Court has dismissed the appeals filed by the Greater Hyderabad Municipal Corporation (GHMC) against Siri Constructions and Darshinee Infra Projects. The court rejected the appeals due to an inordinate delay of 820 and 794 days in filing, finding the reasons cited for the delay as non-bona fide and unconvincing.
The Division Bench comprising Justices Moushumi Bhattacharya and Renuka Yara scrutinized the reasons provided by GHMC for the delay, which included official transfers, election duties, and the need for legal opinion. However, the court observed that these reasons did not constitute sufficient cause for the delay, and noted the lack of a prima facie case of fraud or misrepresentation.
The appeals stemmed from a common order dated 25.04.2022, where the writ petitions filed by Siri Constructions and Darshinee Infra Projects were allowed, setting aside the revocation notices issued by GHMC. The notices pertained to the regularization of unapproved layouts and building permissions on plots designated as open spaces.
GHMC contended that fraud was involved in the regularization process, but the court found that GHMC had already collected penalties and pro-rata charges for the shortfall in open area, thereby discrediting the fraud allegations. The court emphasized that GHMC was aware of the location of the plots in open spaces and had proceeded with regularization and building permissions despite this knowledge.
The court reiterated that while the Limitation Act allows for a liberal approach to condonation of delay, sufficient cause must still be established. The Bench highlighted that state entities like GHMC are not entitled to preferential treatment solely based on their status.
Ultimately, the appeals were dismissed, with the court holding that GHMC failed to justify the delay and did not present a credible case on merits. The decision underscores the judiciary's stance on the importance of adhering to legal timelines and the need for genuine explanations when delays occur.
Bottom Line :
Delay in filing Writ Appeals by a municipal corporation citing reasons such as official transfers, elections, and legal opinion was not condoned due to lack of bona fide explanation and absence of a prima facie case of fraud or misrepresentation.
Statutory provision(s): Limitation Act, 1963 Section 5
