Jalal H. Agha 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 statutory cap; Section 28-K proviso AAI Act 1994; express exclusion of Section 5 Limitation Act 1963 via Section 29(2); 'but not after the period of thirty days'; no discretion to condone beyond 30 days from eviction order; Section 14 Limitation Act conditions (same party, same relief, good faith, defect of jurisdiction) unmet; withdrawn Association Appeal (St.) 1798 of 2024; Air India / Indian Airlines Colony Kalina eviction; Eviction Officer Section 28-B AAI Act; MCGM v. Anusaya Sitaram Devrukhkar 2025 SCC OnLine Bom 36 applied; Union of India v. Popular Construction (2001) 8 SCC 470 relied on; HPCL Bio-Fuels 2024 SCC OnLine SC 3190 referred; interim applications and first appeals dismissed.
What did the court decide?
Section 28-K of the AAI Act prescribes a special period of limitation of 15 days from the date of the eviction order, extendable by a further 15 days upon sufficient cause being shown — 30 days in total; it is only this extension of 15 days that can be condoned.