TUKARAM Vs. WESTERN COALFIELDS LIMITED

JUDGEMENT

(1.) THE short question raised in the present appeal is whether the Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957, is competent to condone delay in presenting the application even after the period specified under sub-rule (5) of Rule 7 of the Coal Bearing Areas (Acquisition and Development) Rules, 1957.

(2.) BEFORE dealing with the rival contentions, it would be appropriate to reproduce the relevant provisions of the Act and the Rules. Section 14 reads thus:

(3.) THE learned Counsel for the appellant has vehemently argued that section 14 of the Act does not prescribe any limitation for presentation of the application. It is his submission that since the Act does not prescribe for the outer limit, it is open for the Tribunal to condone the delay even after the period specified under the proviso to sub-rule (5) of Rule 7. In support of his contention, reliance has been placed on the decision of the Madhya Pradesh High Court, reported in (1981 M. P. L. J. 46 ).