OSA.SR/115231/2026 of National Highways Authority of India Vs R Jayanthi on 8 October 2026

ORDER

(Order of the Court was made by N.Sathish Kumar J.) This petition has been filed to condone the delay of 204 days in filing the above appeal against the judgment and decree dated 30.01.2025 in Arb.O.P.No.35 of 2023.

2. The reasons for the delay, as stated in the affidavit filed in support of the petition, are that the modification petition filed in A.No.5706 of 2025 against the impugned order dated 30.01.2025 was disposed by this Hon'ble Court on 06.02.2026, that thereafter, the Apex Court passed orders on the review petition filed by National Highways Authority of India on 25.03.2026,

CMP No. 20034 of 2026

that the Standing counsel was suffering from ill health and was unable to attend Court during the entire month of April 2026 and that the counsel's elder brother passed away at Bengaluru and owing to the aforesaid reasons the counsel could not devote sufficient attention and time for preparation and filing of the present application immediately after the closure of the modification petition.

3. It is well settled law that liberal approach should be taken while considering the application for condonation of delay, but at the same time there should be reasonable ground and plausible reasons to condone the delay. As a matter of right, the delay cannot be condoned particularly when there is a huge delay.

4. In this regard it is useful to refer the judgment of the Division Bench of this Court in State of Tamil Nadu and Ors Vs. Melvisharam Muslim Educational Societyreported in2018 [3] CTC 420, wherein the Division Bench of this has held as follows: “... Though the delay is condoned by the Court normally in a liberal manner, the said approach cannot be extended mechanically without any plausible explanation. What is pitted against an ordinary litigant is also pitted against the Government before Court of law to establish a particular fact. Though the word “sufficient cause” has to be given a liberal approach, to exercise discretion for such liberal approach, there must be necessary facts in the affidavit filed in support of the same. But, on a perusal of the

CMP No. 20034 of 2026

affidavit, we do not find plausible explanation for such delay except stating that there is an administrative delay. Such vague and bald explanation cannot be accepted mechanically. When Courts are extending such liberal approach mechanically, it has become a routine affairs of the Government Departments to file the appeals against every order passed by the Court. The present day scenario in filing the appeal, challenging every order by the Government Departments, clearly exhibits shirking responsibility of the Department Heads. In fact, now the tendency has developed among the Department Heads, not to take any risk and to avoid any question relate to the litigant and only in order to avoid any query, the administrative side files these types of appeals, though there is no merit in the appeal.”

5. When the law mandates that a particular activity shall be performed within a stipulated time, the same cannot be diluted. What is pitted against the common man is equally apply against the Government Departments also. They cannot sit over the files and come to the Court belatedly with some flimsy grounds. A Court granting indulgence must be satisfied that there was diligence on the part of the appellant. When there is no sufficient cause for condoning the delay, the said delay cannot be condoned as a matter of right.

6. The Court, in exercising discretion, particularly in these types of petitions, has to see the conduct, behaviour and attitude of a party relating to its inaction or negligence. The above factors are relevant to be taken into

CMP No. 20034 of 2026

consideration as the fundamental principle is that Courts are required to weigh the scale of balance of justice in respect of both parties and the said principle cannot be given a total go-by in the name of liberal approach. There is an increasing tendency to perceive delay even in a non-serious matter. Hence, the delay due to nonchalant attitude should be curbed at the initial stage itself. It is for them to be very vigilant from the very inception and they cannot sit over the files and come up with unacceptable reasons to condone the delay.

7. We are not satisfied with the reasons for condoning the delay. Hence, this petition is dismissed. Consequently, O.S.A (SR) No.115231 of 2026 stands rejected. There shall be no order as to costs. N.S.K.,J.) (G.K.M.,J.) 08-10-2026 gpa To The Competent Authority and Special District Revenue officer (LA), National Highways, NH-716B, 4 and 5, No.3/4, Lalbagadhur Sastri Street, periyakuppam, 9Near Thulasi Theatre), Tiruvallur- 602 001.

CMP No. 20034 of 2026

N.SATHISH KUMAR, J. AND GK.MUTHUKUMAAR, J. gpa CMP No. 20034 of 2026 in O.S.A (SR) No.115231 of 2026 08-10-2026