This order records a preliminary objection regarding condonation of delay in filing First Appeals under the Land Acquisition Act. The bench reserved its judgment on the question of whether the Court could condone delay beyond the statutory period prescribed under Section 74(1) of the Act.
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1-OSIA-13254-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13254 OF 2024
IN
FIRST APPEAL (ST) NO. 24058 OF 2024 AND
INTERIM APPLICATION NO. 13256 OF 2024 IN
FIRST APPEAL (ST) NO. 25983 OF 2024
Brihanmumbai Muncipal Corporation …Applicant
Versus
Anusaya Sitaram Devrukhkar & Ors
…Respondents
Mr. Girish Godbole, Senior Counsel, a/w Rahul Soman, Aditya Joshi, Vidya Vyavahare, Pallavi Khale for the Applicant/Appellant (BMC) in FAST/24058/2024.
Mr. Anoshak Daver, i/b Nikhil Mengde, Rahul Lathi, Siddhikesh Ghosalkar, Sahil Salunke, Burjis Doctor, for Respondent Nos.1, 7 to 11.
Mr. Anuj Desai, a/w Rajendra B. Singhavi, Dhrumil C. Shah, Divya Dave, i/b Lex Services for Respondent No.12.
Ms. Snehal Bhoir, Sub-Engineer, BMC(DP) Department is present in Court.
CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : OCTOBER 17, 2024
PC :
(MCGM) seeking the Condonation of Delay in filing the above Appeals.
October 17, 2024
Ashwini Vallakati
Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2024.10.24 18:30:35 +0530
Page 1 of 2
1-OSIA-13254-2024.doc
There was a preliminary objection raised for condoning the delay. It is an admitted position before us that the above Appeals have been filed beyond the period of 120 days. The objection raised for condoning the delay is that under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Appeal is to be filed initially within a period of 60 days and the High Court, if it is satisfied that the Appellant was prevented by sufficient cause from filing an Appeal within the said period, allow it to be filed within a further period not exceeding 60 days. It is the argument of the Respondent that since the Appeals have been filed beyond the additional period of 60 days (i.e., beyond the total period of 120 days), the High Court has no power to condone the delay.
[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
Page 2 of 2 October 17, 2024
Ashwini Vallakati
Brihanmumbai Municipal Corporation
B. P. COLABAWALLA
SOMASEKHAR SUNDARESAN
As recorded by the court registry
7 orders share this CNR
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