Unknown vs For Applicant(S) : Mr. B. Majumder
2026 Latest Caselaw 1599 Tri

Tripura High Court

Unknown vs For Applicant(S) : Mr. B. Majumder on 16 March, 2026

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                           HIGH COURT OF TRIPURA
                                   AGARTALA
                                IA No. 01 of 2025
                            in LA. App. No. 05 of 2026.

       For Applicant(s)        :   Mr. B. Majumder, Dy.S.G.I.
       For Respondent(s)       :   Mr. Kohinoor N. Bhattacharrya, G.A.
                                   Mr. Sankar Kr. Deb, Sr. Advocate.
                                   Mr. S. Datta, Advocate.

               HON'BLE MR. JUSTICE DR. T. AMARNATH GOUD

                                       ORDER

16.03.2026

[1] Heard learned counsel appearing for both parties. [2] A preliminary objection has been raised by Mr. Sankar Kr. Deb,

learned senior counsel assisted by Mr. S. Datta, learned counsel appearing for

the respondent submitting that under Section 74 (1) of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, 60 days is the time limit for preparing an appeal before

the High Court and, if the High Court considers fit further 60 days is granted

i.e., in all 120 days . He further submits that since the condone delay

application is filed seeking 264 days delay, he therefore prays to dismiss the

same since, the statute does not permit for condoning the further delay beyond

120 days.

[3] Mr. B. Majumder, learned Dy. SGI. appearing for the applicant

submitted before this Court that Section 5 of limitation act cannot have over

riding effect on the statute and Section 74 (1) of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, will have no bar on Section 5 of the limitation act. He

further contends that this Court has ample power to consider on merits of each

case and condone the delay, if so desired.

[4] In support of his argument Mr. Majumder , learned Dy. SGI placed

reliance on batch of judgments decided by the Hon'ble Supreme Court of

India on the said point. A common judgment and order Vide Civil Appeal

No(s) of 2026 (arising out of @ SLP (C) No.(s) 215-216 of 2023 passed on 9th

February, 2026 is considered and taken on record. A copy of this judgment is

also furnished to Mr. Deb, learned senior counsel.

[5] Accordingly, at the request of both sides to get ready with the

matter, list this on 23.03.2026.

.

                                                                      DR. T. AMARNATH GOUD,J




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SABYASACHI Digitally signed by
           SABYASACHI GHOSH

GHOSH      Date: 2026.03.19 10:51:06
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