Chhattisgarh High Court

Absence of plausible explanation for inordinate delay justifies rejection of appeal on grounds of laches.

Chhattisgarh State Industrial Development Corporation Limited v. Smt. Abha Jaiswal & Others [2026:CGHC:10441-DB]

Chhattisgarh High Court2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Appellant (CSIDC) challenged an order dated 30.04.2024 passed by a Single Judge in WPC No. 1553/2016.

Source reference: p. 2, para 2

The Single Judge had directed the Appellant to initiate land acquisition proceedings and pay compensation to the private respondents for land used to construct a road connecting NH-200 to Sector-D, Industrial Area, Bilaspur.

Source reference: p. 3, para 2

The present Writ Appeal was filed after a delay of 514 days.

Source reference: p. 3, para 3

The Appellant filed an application (I.A. No. 01) for condonation of this delay.

Source reference: p. 6, para 7
02

Issues

Whether the Appellant provided sufficient cause or a plausible explanation to condone the inordinate delay of 514 days in filing the writ appeal.

Source reference: p. 3, para 3
03

Law Applied

The Court applied the doctrine of "delay and laches" and the law of limitation.

Source reference: no citation

It relied on Union of India v. Tarsem Singh (2008), which establishes that while relief may be granted for a "continuing wrong," stale claims or orders affecting settled rights should not be entertained if there is an unjustified delay.

Source reference: p. 3-4, para 5

It further cited C. Jacob v. Director of Geology and Mining (2008), which held that representations regarding stale matters cannot furnish a fresh cause of action or revive dead claims, and that courts should not exercise "misplaced sympathy" to encourage indiscipline or drain the public exchequer where records may no longer exist.

Source reference: p. 4-6, para 6
04

Reasoning

The Division Bench observed that the Appellant approached the Court 514 days after the impugned order was passed.

Source reference: p. 3, para 3

Upon a pointed query from the Bench, the counsel for the Appellant failed to offer any plausible explanation or cogent reason for this inordinate delay.

Source reference: p. 3, para 3

The State also opposed the appeal, arguing that no sufficient grounds were mentioned in the condonation application.

Source reference: p. 3, para 4

Applying the principles from Tarsem Singh and C. Jacob, the Court reasoned that in the absence of a "continuing wrong" or a valid justification for the lapse of time, the discretionary power to condone delay under the Limitation Act cannot be exercised to revive a stale challenge.

Source reference: p. 6-7, para 7
05

Holding

The Court answered the issue in the negative, holding that the delay of 514 days was not explained with any cogent reason.

Consequently, I.A. No. 01 (application for condonation of delay) was rejected.

Source reference: p. 6-7, para 7-8

The Writ Appeal was dismissed as time-barred.

Source reference: p. 7, para 8
Chhattisgarh High Court

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Chhattisgarh State Industrial Development Corporation Limited v. Smt. Abha Jaiswal & Others [2026:CGHC:10441-DB]

Chhattisgarh High Court

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