03 May 2024 Administrative Law >> Constitution & Law Procedure   |   Property/Real Estate Law >> Property & Real Estate  

A recent court case has shed light on the power of the Apex Grievance Redressal Committee (AGRC) established under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Slum Act). The case centered on a delay in filing an appeal, and the key question was whether the AGRC could overlook such delays.

Facts:

• An unnamed party (the respondent) filed an appeal but did so outside the stipulated timeframe.
• The crux of the dispute was whether the AGRC has the authority to condone this delay.

Arguments Presented:

• The petitioner challenged the appeal's validity due to the delay. They argued that the Slum Act assigns the power to condone delays to a different body, the Tribunal established under Section 4 of the Act.
• The respondent countered by arguing that a recent amendment to the Act removed the time limit for filing appeals with the AGRC. This, in their view, rendered the Limitation Act inapplicable.

Court's Conclusion:

The court ultimately sided with the petitioner. The judgment concluded that the AGRC currently lacks the authority to condone delays in filing appeals.

Impact and Implications:

This decision has important implications for future appeals before the AGRC. Parties filing appeals will need to ensure they adhere to the stipulated timelines to avoid rejection. The judgment may also prompt legislative action to clarify the AGRC's power regarding condoning delays.

  MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971