Allowed

Shri. Zumber Mahadu Sahane v. the Special Land Acquisition Officer

Bombay HC4 May 2011CRA/231/2010

Case brief

AI extract

What is this about?

Revision Application challenging an order refusing to refer a land acquisition claim due to alleged limitation. High Court interpreted Section 9 of the General Clauses Act to determine the exclusion of the first day. Held that the filing was within limitation; impugned order quashed and claim referred.

What did the court decide?

Impugned order dated 29th September 2008 quashed; Respondent directed to refer claim to Court; Revision Application disposed.

Shri. Zumber Mahadu Sahane Vs the Special Land Acquisition… — Land Acquisition | Bombay HC (2011)

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:1: 231.10-cra

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bgp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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REVISION APPLICATION NO.231 OF 2010

Zumber Mahadu Sahane

..Applicant

Vs.

The Special Land AcquiusitionOfficer & Ors.

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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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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: 231.10-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.

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Shri. Zumber Mahadu Sahane v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Shri. Zumber Mahadu Sahane 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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