1 year ago
MRT Dismisses 62-Year-Old Land Plea in Mumbai
Imagine a family wanted to claim land, but they waited 62 years to do it.
The Maharashtra Revenue Tribunal (MRT) said no.
Back in 1959, the family tried to get land rights but lost.
They tried again later, but the MRT said they waited too long.
The MRT said the family's excuse of being unaware of the law wasn't good enough because their family member had a lawyer before.
The MRT followed the rules of time limits for making claims, stating you can't wait forever.
The MRT said the family knew their rights and the government rule they cited didn't apply to their case.
This means the family can't claim the land.
Maharashtra Revenue Tribunal (MRT) dismissed a 62-year-old land revision plea.
The plea, filed by the heirs of Ramu Vishnu Borade, concerned land in Poisar village.
The MRT cited "inordinate delay" and insufficient reasons for the delay.
The original case dates back to 1959, with previous legal challenges by the Borade family.
The tribunal referenced Supreme Court principles regarding the law of limitation.
- Who
- The heirs of Ramu Vishnu Borade filed the plea against M. Bairamaji Jijibhoy Pvt. Ltd. and the MRT decided the case.
- What
- The Maharashtra Revenue Tribunal dismissed a 62-year-old land revision plea.
- Where
- Mumbai, Maharashtra, concerning land in Poisar village, Borivali.
- When
- The case dates back to December 31, 1959, and the MRT made the decision recently.
- Why
- The tribunal dismissed the plea due to inordinate delay and insufficient reasons provided for the 62-year delay.
Applicants' Perspective
Respondent's Perspective
Reason for Delay
Applicants' Perspective
The applicants, being tribals and uneducated, were unaware of legal proceedings.
Respondent's Perspective
The tribunal cited prior legal representation and awareness of rights.
Applicability of Government Circular
Applicants' Perspective
They sought a sympathetic consideration based on a government circular.
Respondent's Perspective
The tribunal stated that the cited government circular was not applicable to their case.
Key facts
- Tribunal
- Maharashtra Revenue Tribunal (MRT)
- Case Origin
- December 31, 1959
- Location
- Poisar village, Borivali, Mumbai
- Plaintiff
- Heirs of Ramu Vishnu Borade
- Defendant
- M. Bairamaji Jijibhoy Pvt. Ltd.
- Delay
- 62 years
Quotes
The order
The Maharashtra Revenue Tribunal (MRT) in Mumbai's official written ruling
“Having regard to the principles laid down in the aforementioned rulings of the Honourable Supreme Court of India, in my opinion, the excuses that the applicants are tribals, illiterate and uneducated do not constitute sufficient cause to condone the delay of 62 years, particularly when their predecessor Yesu had promptly challenged the Mamlatdar’s orders before the District Deputy Collector, BSD, and had assistance of an advocate. The expression ‘sufficient cause’ cannot be erased from the Section of the Limitation Act by adopting an excessively liberal approach, which would defeat the very purpose of the Act”
freepressjournal.in
Advocate D.R. Banavalikar
Represents M. Bairamaji Jijibhoy Pvt. Ltd.
“The 62-year delay was too long to condone. We pointed out to the tribunal that Yesu Borade had previously engaged legal counsel and contested the case on its merits before the District Deputy Collector, proving he was aware of his legal rights. Also, Borade never challenged the order or the subsequent mutation entry during the 11 years he lived after the 1961 order was passed.”
freepressjournal.in
