NEW DELHI: The Supreme Court on Friday expressed displeasure over its own 1987 judgment in Collector, Land Acquisition v. Katiji, observing that the decision, which condoned a delay of merely four days, had driven the country backwards because litigants have since repeatedly relied on it to seek condonation of delay.
A Bench of Justices Dipankar Datta and Sheel Nagu made the observation while dismissing appeals filed by Karvy Stock Broking Limited and its former Chairman and Managing Director C Parthasarathy against Securities Appellate Tribunal (SAT) orders refusing to condone delays in challenging penalties imposed by the Securities and Exchange Board of India (SEBI).
“Our nation has been driven back because of the decision in 1987, when for condoning a delay of only four days, this Court wrote about 15–16 pages. And that is the decision in Collector, Land Acquisition v. Katiji, which has now been used so long as if this is the panacea for all ills in condonation of delay applications,” the Bench remarked.
In its 1987 judgment, the Supreme Court advocated a liberal approach to condonation of delay, holding that substantial justice should prevail over technical considerations.
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