Case law, Tamil Nadu land law
M.A.No.58 of 2023 in Appeal (SR).No.189 of 2023
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry and the Andaman and Nicobar Islands, issued its order in M.A. No. 58 of 2023 in Appeal (SR) No. 189 of 2023 on 16 June 2023. It refused M/s. Casa Grande Shelter LLP's request to excuse a delay of 210 days, rejected the related appeal against an Adjudicating Officer's order, and closed the connected applications.
What the case concerned
M.A. No. 58 of 2023 was filed by M/s. Casa Grande Shelter LLP before the Tamil Nadu Real Estate Appellate Tribunal under the Real Estate Regulation and Development Act, 2016. The company asked the Tribunal to excuse a delay of 210 days in filing an appeal against the Adjudicating Officer's order dated 27 May 2022 in C.C.P. No. 10 of 2021.
The respondents were Imran Malik Zafrulla Malik and Nafeesatal Misria Packir Mohamed. The appeal sought to set aside the Adjudicating Officer's decision, but the Tribunal dealt only with whether the delayed appeal should be accepted.
Reasons given for the delay
M/s. Casa Grande Shelter LLP relied on an order of the Honourable Supreme Court in Suo Motu Writ Petition No. 3 of 2020. It claimed that the limitation period had been extended by 90 days from 1 March 2022 and stated that the delay was not deliberate but resulted from unavoidable circumstances.
The affidavit also recorded that the company had deposited Rs.37,42,279 through a demand draft dated 9 February 2023. However, it did not identify the claimed unavoidable circumstances.
Tribunal's findings
The Tamil Nadu Real Estate Appellate Tribunal found that:
- The Supreme Court's extension applied where the limitation period had expired before 1 March 2022, not after that date.
- The Adjudicating Officer issued the challenged decision on 27 May 2022.
- The appeal was filed only on 21 February 2023, after 269 days.
- Merely stating that a delay was not deliberate and arose from unavoidable circumstances was not a sufficient explanation.
- The Supreme Court decision reported in (2015) 1 Supreme Court Cases 680 supported the requirement for sufficient reasons before delay can be excused.
Result and practical effect
The Tamil Nadu Real Estate Appellate Tribunal dismissed the application to excuse the 210 day delay. As a result, Appeal (SR) No. 189 of 2023 was rejected and the connected miscellaneous applications were closed.
The ruling concerns timely filing and adequate explanations for delay. It does not determine the merits of the challenge to the Adjudicating Officer's decision.
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Common questions
Did the Tribunal allow Casa Grande Shelter LLP's delayed appeal?
No. The Tamil Nadu Real Estate Appellate Tribunal refused to excuse the 210 day delay and rejected Appeal (SR) No. 189 of 2023.
Why was the explanation for delay rejected?
The applicant referred generally to unavoidable circumstances but did not identify any specific circumstance. The Tribunal found that this was not a sufficient reason to excuse the delay.
Did the Supreme Court's limitation extension apply to this appeal?
No. The Tribunal found that the extension applied where limitation had expired before 1 March 2022, while the challenged Adjudicating Officer's order was issued on 27 May 2022.
Did the Tribunal decide whether the Adjudicating Officer's original decision was correct?
No. The Tribunal rejected the appeal because the delay was not excused, so the merits of the challenge were not decided.
