JOKIM VINCENT GOMES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPEAL admit Respondents waive service. Since a short issue is involved, we proceed to decide the Appeal.

(2.) IN respect of the property in question, on 06/03/1997 a declaration was issued under Section 4(1) of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971 (for short "the Act") declaring it to be a slum property. The declaration was notified in the Official Gazette on 24/04/1997. Section 4(3) provides that any person aggrieved by declaration made under sub-section (1) may, within 30 days after the date of such declaration in the Official Gazette, appeal to the Tribunal and also that no appeal filed after expiry of 30 days shall be entertained. The Appellant did not file appeal within the stipulated period of 30 days. It was filed on 03/08/1998. According to the Appellant, he came to know about the declaration on 21/10/1997. The Appeal was dismissed by the Tribunal on 14/08/1998 as a consequence of dismissal of application for condonation of delay. The Writ Petition filed by the Appellant was also dismissed by the learned Single Judge and this is how the present Appeal has been preferred.

(3.) IN regard to the power to condone delay in filing the Appeal, we may only note that assuming the Tribunal had no such power, this Court in exercise of jurisdiction under Article 226 has ample powers to condone the delay and direct the Tribunal to hear the Appeal on merits.