Bhagwan S. Padvi v. Airport Authority of India Thr. Mr. Radhakrishna Eviction Officer Western Regional and Anr.
Case brief
What is this about?
Condonation of delay beyond 30 days not permissible; proviso to Section 28-K(1) AAI Act 1994 expressly excludes Section 5 Limitation Act 1963 through Section 29(2); Section 14 Limitation Act conditions unsatisfied (association appeal vs individual appeals; same party/same relief/jurisdiction defect); eviction under Sections 28-B/28-K AAI Act; Air India Colony Kalina occupants; MCGM v. Anusaya Sitaram Devrukhkar 2025 SCC OnLine Bom 36 followed; Union of India v. Popular Construction Company (2001) 8 SCC 470 relied on; HPCL Bio-Fuels 2024 SCC OnLine SC 3190 referred; Supreme Court order 16.02.2024 no extension of limitation; Section 20 SC/ST Act inapplicable; 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.