A petition challenging the rejection of a Section 28A application due to delay was dismissed. The High Court held that no power to condone delay exists under that section and did not entertain the petition.
Petition rejected; utilization of paragraph 10 held invalid due to admitted delay and lack of condonation power in Section 28A.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 Wp 3755.11
Kambli
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3755 OF 2011
... Shivaji Shripati Waykar ...Petitioner v/s. The State of Maharashtra & Ors. ...Respondents ...
Mr.Vijay Garad for the Petitioner. Mr.V.S.Gokhale, AGP for State.
CORAM: D.K.Deshmukh & Anoop V. Mohta, JJ DATED: 21st November, 2011
P.C.:
An application filed under Section 28A of the Land Acquisition
Act has been rejected on the ground that there is a delay. The Petitioner also does not dispute that there is delay in making application under Section 28A. We have not been pointed out any power conferred on the Collector for condonation of delay in making the application under Section 28A. Petition, therefore, cannot be entertained. It is rejected.
(Anoop V. Mohta, J.) (D.K.Deshmukh, J.)
3 issues framed by the court
Whether the Collector has discretion to condone delay in an application filed under Section 28A of the Land Acquisition Act.
Whether a writ petition should be entertained despite the petitioner not disputing the delay in filing under Section 28A.
Whether there is any statutory power for condonation of delay for Section 28A applications that was not pointed out to the court.
1 provisions across 1 enactments
Shivaji Shripati Waykar
The State of Maharashtra
Ors.
D.K.Deshmukh
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
