Strict 120-Day Limitation for Appeals Under the 2013 Act: Bombay High Court’s New Rule

1. Introduction

In a significant ruling titled “BRIHANMUMBAI MUNICIPAL CORPORATION THROUGH ITS MUNICIPAL COMMISSIONER v. ANUSAYA SITARAM DEVRUKHKAR AND ORS.” (Bombay High Court, pronounced on January 07, 2025), the Court dealt with a fundamental question regarding the condonation of delay in filing appeals under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the 2013 Act”). The Municipal Corporation of Greater Mumbai (“MCGM”) appealed against two separate orders enhancing land acquisition compensation. However, its appeals were filed beyond the 120-day timeframe prescribed by Section 74(1) of the 2013 Act. The respondents opposed condonation of delay, arguing that, under this special statutory regime, courts lack jurisdiction to condone any delay beyond 120 days.

The Court’s judgment clarifies that when Parliament or the state legislature provides for a specific maximum period within which an appeal can be filed, courts must give effect to that precise outer limit. Notably, this matter has broad ramifications, affirming that certain statutory deadlines cannot be relaxed under Section 5 of the Limitation Act, 1963 (“the Limitation Act”) if a special statute explicitly or impliedly excludes such relaxation.

Parties involved in this case included MCGM (as appellant) and multiple private respondents, who were original claimants seeking enhanced compensation under the 2013 Act.

2. Summary of the Judgment

The Court was asked to determine whether it had the power to condone the delay when the appeals were filed beyond the additional 60-day grace period permitted under Section 74(1) of the 2013 Act. Section 74(1) gives a party an initial 60 days to file an appeal, followed by a further period of 60 days for condonation of delay, if "sufficient cause" is shown. However, the wording of the proviso to Section 74(1) includes language akin to “not exceeding sixty days,” which the Court interpreted as a clear legislative intent not to allow any condonation of delay beyond an absolute total of 120 days.

In essence, the Bombay High Court ruled that it has no jurisdiction to condone any delay once the total of 120 days has passed:

• The initial 60 days are the standard limitation period.
• An additional 60 days may be granted if “sufficient cause” exists.
• Any day beyond that total of 120 days is not subject to further condonation.

Consequently, the Court dismissed both delay-condonation applications (and the related appeals) filed by the MCGM, firmly concluding that it lacked the statutory power to entertain the appeals.

3. Analysis

3.1 Precedents Cited

The Court referred to a series of Supreme Court decisions interpreting analogous clauses under other special statutes such as the Arbitration and Conciliation Act, 1996, the Electricity Act, 2003, and the Companies Act, 2013. These judgments included:

• Union of India v. Popular Construction Company – Interpreting Section 34(3) of the Arbitration and Conciliation Act, 1996, the Supreme Court held that the phrase “but not thereafter” served as an express exclusion of Section 5 of the Limitation Act.
• Chhattisgarh State Electricity Board v. Central Electricity Regulatory Commission – Construing Section 125 of the Electricity Act, the Court refused to extend the appellate deadline beyond the statutory maximum 120 days.
• Bengal Chemists and Druggists Association v. Kalyan Choudhary – Reading Section 421(3) of the Companies Act, the Supreme Court again reasoned that the “not exceeding” language set an absolute limit, disallowing Section 5’s application beyond that cap.

In contrast, the Court distinguished older cases such as Mangu Ram v. Municipal Corporation Of Delhi (concerning Section 417(4) of the Criminal Procedure Code, 1898) because those provisions stated only a single limitation period without a secondary, extended time limit.

3.2 Legal Reasoning

Section 74(1) of the 2013 Act allows aggrieved persons to appeal within 60 days. Under its proviso, a further period “not exceeding sixty days” may be granted if a litigant shows sufficient cause for filing beyond the initial 60-day window. The Court held that this express statutory limit implicitly but decisively excludes the application of Section 5 of the Limitation Act to extend time beyond 120 days.

Two arguments raised by the MCGM were squarely addressed:

1. The 2013 Act is a “general law,” hence Section 29(2) of the Limitation Act does not apply. The Court rejected this contention, noting that while the 2013 Act may be “general” relative to other land acquisition regimes, Section 74 specifically prescribes a different limitation period, thus taking on the character of a “special law” regarding limitations.
2. No “express exclusion” of Section 5 of the Limitation Act is found in Section 74(1). The Court clarified that the language “within a further period not exceeding sixty days” is itself an express exclusion. It means the legislature has prohibited any condonation once the total 120 days expire. There is no need for the statute to specifically name “Section 5 of the Limitation Act” to effect this exclusion.

3.3 Impact

This judgment cements a strict interpretation of appellate timelines in land acquisition matters under the 2013 Act. By confirming that no further extension is permissible beyond the cumulative maximum of 120 days, it ensures finality and speed in litigation. Going forward:

• Requiring Bodies and landowners must be vigilant in contesting or defending orders swiftly.
• Courts, on receiving appeals in the land acquisition context past 120 days, are now bound to dismiss them.
• The principle also synchronizes with the Legislature’s broader policy initiative in the 2013 Act — providing fair and timely compensation, and encouraging expeditious resolution so that infrastructure projects and public-interest acquisitions are not unduly delayed.

4. Complex Concepts Simplified

Several key legal concepts feature in this judgment:

• Condonation of Delay: Under Section 5 of the Limitation Act, courts may excuse belated court filings if “sufficient cause” exists. However, if a special statute either explicitly or implicitly bars such power, Section 5 cannot operate.
• Express vs. Implied Exclusion: “Express exclusion” does not necessarily require the words “Section 5 is excluded” in the law. Language setting a maximum or outer limit beyond which no delay is allowable can itself be tantamount to an “express” legislative direction.
• Special Law: Even if a broader enactment is typically considered general, any portion of it prescribing a limitation period that differs from the Limitation Act schedule can function as a “special-law” provision for limitation purposes.

5. Conclusion

The Bombay High Court’s ruling underscores a crucial takeaway for land acquisition cases governed by the 2013 Act: 120 days is an inviolable time limit for appealing an award of the Reference Authority. Appeals filed beyond that mark will not be entertained, irrespective of cause.

This decision strengthens procedural certainty by emphasizing the legislative intent behind Section 74(1). In the broader legal landscape, it resonates with a line of precedents where specific statutes impose truncated timelines and oust further extension under the Limitation Act. Counsel and litigants engaged in land acquisition disputes must now be acutely mindful of this shortened non-extendable deadline to protect their rights and avoid losing the possibility of appellate recourse entirely.

End of Commentary