Section 80. Notice.
Purpose
of giving notice has been explained by the Apex Court in Salem Advocate Bar
Association, Tamil Nadu V. Union of India, AIR 2005 SC 3353 observing as
under:- “Section
80 (1) of the Code requires prior notice of two months to be served on the
Government as a condition for filing a suit except when there is urgency for
interim order in which case the Court may not insist on the rigid rule of prior
notice. The two month’s period has been provided for so that the Government
shall examine the claim put up in the notice and has sufficient time to send a
suitable reply. The underlying object is to curtail the litigation. The object
also is to curtail the area of dispute and controversy. Similar provisions also
exist in various other legislations as well. Wherever the statutory provision
requires service of notice as a condition precedent for filing of suit and
prescribed period therefore, it is not only necessary for the Governments or
departments or other statutory bodies to send a reply to such a notice but it
is further necessary to properly deal with all material points and issues
raised in the notice. The Governments, government departments or statutory authorities
are defendants in large number of suits pending in various courts in the
country. Judicial notice can be taken of the fact that in large number of cases
either the notice is not replied or in few cases where reply is sent, it is
generally vague and evasive. The result is that the object underlying Section 80 of
the Code and similar provisions gets defeated. It not only gives rise to
avoidable litigation but also results in heavy expense and cost to the
exchequer as well. Proper reply can result in reduction of litigation between
State and the citizens. In case proper reply is sent either the claim in the
notice may be admitted or area of controversy curtailed or the citizen may be
satisfied on knowing the stand of the State. There is no accountability in the
Government, Central or State or the statutory authorities in violating the
spirit and object of Section 80.
These
provisions cast an implied duty on all concerned Governments and States and
statutory authorities to send appropriate reply to such notices. Having regard
to the existing state of affairs, we direct all concerned Governments, Central
or State or other authorities, whenever any statute requires service of notice
as a condition precedent for filing of suit or other proceedings against it, to
nominate, within a period of three months, an officer who shall be made
responsible to ensure that replies to notices under Section 80 or
similar provisions are sent within the period stipulated in a particular
legislation. The replies shall be sent after due application of mind. Despite
such nomination, if the Court finds that either the notice has not been replied
or reply is evasive and vague and has been sent without proper application of
mind, the Court shall ordinarily award heavy cost against the Government and
direct it to take appropriate action against the concerned Officer including
recovery of costs from him.”
Further,
in computing the period of limitation, the period of notice would be mandatorily
excluded provided notice is given within limitation period.
Section 80. Notice.
Reference:
http://www.nja.nic.in/16%20CPC.pdf
Please share and follow this blog for more such law related articles.
No comments:
Post a Comment