Mr. Rajendra Vithal Bhalerao v. Airport Authority of India Thr. Mr. Radhakrishna Eviction Officer Western Regional Office and Anr.
Case brief
What is this about?
Condonation of delay beyond 30 days; Section 28-K AAI Act 1994 proviso 'but not after the period of thirty days'; express exclusion of Section 5 Limitation Act 1963 by Section 29(2); special/local law limitation; Section 14 Limitation Act conditions - same party, same relief, good faith, defect of jurisdiction; Association appeal versus individual appeals; eviction order under Section 28-B AAI Act by Eviction Officer; Air India service occupants, Air India/Indian Airlines Colony Kalina Santacruz; Mumbai International Airport Ltd/Adani; Supreme Court order 16 February 2024 non-implementation of eviction for one month; Section 20 SC/ST Act overriding effect inapplicable; MCGM v. Anusaya Sitaram Devrukhkar 2025 SCC OnLine Bom 36; Union of India v. Popular Construction Company (2001) 8 SCC 470; interim applications and first appeals dismissed.
What did the court decide?
The expression 'but not after the period of thirty days' in the proviso to Section 28-K of the AAI Act places an outer limit on the delay that can be condoned and results in the express exclusion of Section 5 of the Limitation Act, 1963.