Allowed

Shri Nrrayan Chaba Mate v. the Special Land Acquisition Officer

Bombay HC4 May 2011CRA/230/2010

Case brief

AI extract

What is this about?

This Revision Application challenged a lower order refusing to refer a claim to court on limitation grounds. The High Court applied Section 9 of the General Clauses Act, held the filing within time, and quashed the refusal order.

What did the court decide?

Quashed and set aside the impugned order refusing reference; Respondents directed to refer the claim to the Court.

Shri Nrrayan Chaba Mate Vs the Special Land Acquisition… — Land Acquisition | Bombay HC (2011)

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:1: 230.10-cra

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bgp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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REVISION APPLICATION NO.230 OF 2010

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Narayan Chaba Mate & Ors. Vs.

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The Special Land AcquiusitionOfficer & Ors.

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..Applicant s

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..Respondents

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Mr.P.N. Joshi for applicant.

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Mrs.S.V.Sonawane, AGP for Respondents.

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CORAM :- B.R.GAVAI,J. DATE :- MAY 4, 2011

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P.C.

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Mentioned not on board. Upon mentioning taken on board. By consent taken up for hearing.

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The applicant, by way of the present Revision Application challenges the order dated 29^th September, 2008 passed by respondent No.1 thereby refusing to refer the Reference made by the applicant, to the Court on the ground, that it is filed beyond limitation.

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Shri. Joshi, the learned Counsel on behalf of the applicant submits, that even assuming and admitting that the notice under Section 12(2) of the Land Acquisition Act was received by the applicant on 7^th August, 2008, still the Reference filed on 18^th September, 2008 would be on 42^nd day i.e. last day of six weeks. It is, therefore, submitted that the impugned order is not sustainable in law.

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The learned AGP submits that the limitation would commence from the date on which the notice is received by the applicant and as such, the last date for filing the Reference would be 17^th September, 2008.

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:2: 230.10-cra

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Section 9 of the General Clauses Act provides, that where a period is prescribed in any Central Act or Regulation, the first day shall be excluded and the last day would be included. In that view of the matter, the first date i.e. 7th August, 2008 will have to be excluded while computing the period. If that is done, the period of six weeks would end on 18th September, 2008. Since the application filed by the present applicant is filed on 18th September, 2008, the same would be within limitation.

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In that view of the matter, the impugned order dated 29^th September, 2008 is quashed and set aside. The Respondents are directed to refer the claim of the applicant to the Court in accordance with law. The Revision Application stands disposed of in terms of this order.

Shri Nrrayan Chaba Mate v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Shri Nrrayan Chaba Mate v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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