2025:BHC-AS:473-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 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 IN REFERENCE NO. 827/KOK/MUM(SOB)/2021 WITH INTERIM APPLICATION NO.13256 OF 2024 IN FIRST APPEAL (ST.) NO. 25983 OF 2024 IN REFERENCE NO. 828/KOK/MUM(SOB)/2021 Municipal Corporation of Greater Mumbai .. Appellant/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 (MCGM) in FAST 25983/2024 and FAST/24058/2024 Adv. Anoshak Daver i/b. Nikhil Mengde a/w Rahul Lathi, Siddhikesh Ghosalkar, Sahil Salunkhe a/w Burjis Doctor for the Respondent Nos. 1, 7 to 11.

Mr. Anuj Desai a/w Rajendra B. Singhavi, Dhrumil Shah, Divya Page 1 of 51 Dave i/b. Lex Service for Respondent No.12.

Ms. Snehal Bhoir, Sub Engineer, MCGM (DP) Department is present in Court.

CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

RESERVED ON: OCTOBER 17, 2024 PRONOUNCED ON: JANUARY 07, 2025 JUDGMENT [ PER B. P. COLABAWALLA, J.]

1. Both the above appeals have been filed by the Appellant [(cid:210)MCGM(cid:211)] challenging the impugned orders/awards dated 13th February 2024 passed by the Presiding Officer of the Land Acquisition and Rehabilitation Authority, Nagpur [(cid:210)the Reference Authority(cid:211)] in two separate references preferred by some of the Respondents [the Original Claimants]. By the impugned orders/awards, the references filed by the Original Claimants [before the Reference Authority] under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for short the (cid:210)2013 Act(cid:211)] were partly allowed and the compensation payable to them was enhanced.

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2. Since both the above appeals were not filed within the time stipulated under Section 74(1) of the 2013 Act, the above Interim Applications are filed seeking condonation of delay in filing the above two appeals.

3. As mentioned earlier, the impugned orders were passed on 13^th February 2024. The application for a certified copy was filed on the same date and was made available also on the same day. Hence limitation to file the above appeals commenced from 14^th February 2024. The provision for filing an appeal to the High Court from the order/award passed by the Reference Authority is provided under Section 74(1) of the 2013 Act which stipulates that such appeal may be filed in the High Court within a period of sixty days from the date of the award. The proviso to Section 74(1) further stipulates that the High Court may, if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal within the said period of sixty days, allow it to be filed within a further period not exceeding sixty days.

4. As far as Interim Application No. 13254 of 2024 in First Appeal (ST.) No. 24058 of 2024 is concerned, the same was lodged on 21^st August 2024. Thus, First Appeal (ST.) No. 24058 of 2024 was lodged 68 days beyond the extended period prescribed by the proviso to Section 74(1) of the 2013 Act Page 3 of 51 and 128 days beyond the period of limitation of sixty days prescribed by Section 74(1) thereof.

5. As far as Interim Application No. 13256 of 2024 is concerned, the same was filed on 5^th September 2024 and First Appeal (St.) No. 25983 of 2024 was Lodged on 6^th September 2024. Consequently, the said appeal was lodged 84 days beyond the extended period prescribed by the proviso to Section 74(1) of the 2013 Act and 144 days beyond the period of limitation of sixty days prescribed by Section 74(1) thereof. It is in this light that the above Applications are filed seeking a condonation of delay in filing the above First appeals.

6. Respondent Nos. 1, and 7 to 11, as well as Respondent No.12, opposed the above Interim Applications on