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HC raps Chandigarh Admn for 10-year delay in deciding appeal

Guidelines issued for timely disposal of statutory appeals
The Punjab and Haryana High Court. File

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Acting on the direction of Punjab and Haryana High Court, the UT Administration has issued guidelines for timely disposal of appeals and revisions by statutory appellate/revisional authorities.

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The direction was issued after the matter came to notice of Justice Deepak Sibbal and Justice Lapita Banerjee. An appeal had been filed against levying of the property tax and fire cess, but had remained pending before the Appellate Authority for more than 10 years

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The High Court issued the order while hearing a petition filed by CSI Infrastructure Private Limited. The company told the court that it was the owner of Elante shopping mall and commercial complex located in Industrial Area Phase 1.

On April 1, 2014, the Municipal Corporation (MC) demanded Rs 53,39,119 from the petitioner as property tax and fire cess, On May 19, 2014, the entire amount was deposited. In May 2015, an appeal under Section 146/147 of the Punjab Mural Corporation Act, 1976, as extended to the UT was filed for a refund, but had remained pending since.

The court directed the UT Chief Secretary to file an affidavit explaining therein the reasons for the inordinate delay. The official told the court that the petitioner’s appeal has been finally heard by the appellate authority and order has been reserved for pronouncement.

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However, the court observed, “the petitioner’s statutory appeal… was finally heard in July 2025 i.e. after an inordinate delay of over 10 years. Least to say, such delay is not appreciated. To prevent a situation, the Chief Secretary is directed to issue and circulate appropriate guidelines to all statutory appellate revisional authorities in Chandigarh to ensure that in future such inordinate delays do not occur in disposal of statutory appeals revisions. The needful be done within two months from the date of rescue of a copy of this order.”

Acting on the direction, the UT issued the guidelines, reading: “In case, the statute is silent about the period in which the appeal/ revision is to be decided then the statutory appellate/ revision authority shall put in earnest efforts to dispose of the same within a period of 180 days extendable up to 365 days of the filing of appeal revision. Interim applications be disposed of within a period of 60 days from the date of appearance of both the parties,” it added.

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Tags :
#AppealGuidelines#AppellateAuthority#DelayedJustice#ElanteMall#PropertyTaxAppeal#TaxDisputeResolution#TimelyDisposalOfAppealsChandigarhHighCourtPunjabMunicipalCorporationActUTAdministration
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