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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE AMIT BORKAR
B.M.E.’s Bhagyawan Cooperative Housing Society Limited – Appellant
Versus
District Superintendent Of Land Records, Mumbai Suburban District – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith.
2. By this Writ Petition under Article 226 of the Constitution of India, the petitioner challenges the Judgment and Order dated 3rd October 2024 passed by respondent No.23 in Appeal No.2621/1877/P.K.227/J-3, whereby the said authority has confirmed the Judgment and Order dated 21st December 2020 passed by respondent No.1 in Appeal No.SR/854/2019. The said appeal arises from proceedings under Section 247 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as “the MLRC” for the sake of brevity).
3. The facts and circumstances giving rise to the filing of the present writ petition, as pleaded by the petitioner, are as under:
4. According to the petitioner, the petitioner-Society is situated on Plot No.15 admeasuring approximately 53,405 sq. meters, which was acquired by the State Government on behalf of respondent No.21. It is the petitioner’s case that an area admeasuring 6,521 sq. meters was allotted to the petitioner- Society on leasehold basis by the Municipal Corporation of Greater Mumbai (for short, “MCGM”) vide lease deed executed on 29th August 1975. However, out of the said area of 6,521 sq. meters, an area ad
Mere ignorance of an order for over 11 years is insufficient to constitute a 'sufficient cause' for condonation of delay; due diligence and credible evidence are required.
Sufficient cause for condonation of delay must be substantiated with credible evidence; mere ignorance is insufficient.
The main legal point established in the judgment is the liberal, pragmatic, justice-oriented approach, the elastic nature of 'sufficient cause', and the need to consider the conduct, behaviour, and a....
The main legal point established in the judgment is the need to consider the grounds for delay condonation and the liberal approach to adjudicate an issue on its merits.
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
Failure to record reasons for condoning inordinate unexplained delay violates natural justice; constitutes jurisdictional error warranting writ interference under Article 226 despite alternate remedy....
The government must provide a substantial explanation for delays in legal actions, and mere claims of public interest do not justify excessive negligence or inaction.
No appeal lies against an order condoning delay under Section 251 of the Maharashtra Land Revenue Code; the only remedy is a revision before the State Government under Section 259.
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