Full Text
HIGH COURT OF DELHI
Date of Order: February 12, 2018
GIAN CHAND (DECD) THROUGH: HIS LR. ..... Appellant
Through: Mr. Somvir Singh Deswal, Advocate
Through: Mr. Sanjay Singh, Advocate for respondent-DDA
(ORAL)
Review Petition No. 67/2018 & C.M. 5447/2018 (delay) & C.M.
5448/2018 (for exemption)
ORDER
1. There is inordinate delay of five years and 267 days in filing the accompanying review petition. Restoration of time barred appeal is sought without explaining the inordinate delay. Review of order of 19th March, 2012 is sought while relying upon Supreme Court’s order of 27th March, 2014 in Special Leave Petition (Civil) No. 824/2013 Nand Roop Vs. Union of India & Anr., wherein explanation for delay of nearly one year was found to be satisfactory.
2. Admittedly, Special Leave petition against order of 19th March, 2012 (of which review is sought) has been already dismissed vide order of 3rd January, 2013. In view of above, I find that review of order of 19th March, 2012 cannot be sought while relying upon Supreme Court’s order 2018:DHC:1042 LA.APP.71/2012 in Nand Roop (Supra). Otherwise also, sufficient cause is not shown to condone the inordinate delay of five years and 267 days in seeking review of order of 19th March, 2012.
3. In view of aforesaid, while refusing to condone the delay, the review petition is dismissed. Pending applications are disposed of as infructuous.
JUDGE FEBRUARY 12, 2018 r