Case Note & Summary
The petitioner, Godrej & Boyce Manufacturing Company Limited, owned approximately 10 acres of land in Village Vikhroli, Mumbai, which was acquired by a land acquisition award dated 15.09.2022 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). The petitioner challenged the acquisition in Writ Petition No.3537 of 2019, which was dismissed on 09.02.2023, and the Supreme Court dismissed the Special Leave Petition on 24.02.2023, but observed that the petitioner could file a reference for enhancement of compensation. The petitioner filed a reference application before the Collector on 28.02.2023, which remained pending, leading to a writ petition that directed the Collector to decide the application within 30 days. The Collector made the reference under Section 64 of the Act on 10.10.2023 to the LARR Authority. The LARR Authority initially set the respondents ex-parte on 15.03.2024, but later allowed applications by the State respondents to set aside the ex-parte order and condone delay in filing written statement, and also allowed an application by the beneficiary corporation (NHSRCL) to amend its reply to add a limitation objection. The petitioner challenged these orders in two writ petitions. The Court held that the LARR Authority has discretion to condone delay to ensure fair hearing, and that the amendment sought was formal and did not change the nature of the case. The Court dismissed both petitions, finding no perversity or jurisdictional error in the impugned orders.
Headnote
A) Land Acquisition - Reference Proceedings - Condonation of Delay - Section 64, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The LARR Authority allowed applications for setting aside ex-parte order and condoning delay in filing written statement by the State respondents - The Court held that the Authority has discretion to condone delay to ensure fair hearing and that the petitioner was not prejudiced as the proceedings were at initial stage (Paras 10-12).
B) Land Acquisition - Amendment of Pleadings - Limitation Objection - Section 64, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The LARR Authority allowed amendment of reply/written statement by the beneficiary corporation to add objection regarding limitation - The Court held that amendment sought was formal and did not change the nature of the case, and that the Authority has power to allow such amendment to determine real controversy (Paras 13-15).
Issue of Consideration
Whether the LARR Authority was justified in condoning delay and allowing amendment of written statement to add limitation objection in land acquisition reference proceedings.
Final Decision
Both writ petitions dismissed. The impugned orders of the LARR Authority are upheld.
Law Points
- Condonation of delay
- Amendment of pleadings
- Procedural flexibility
- Right to fair compensation
- Land acquisition reference
Case Details
2026 LawText (BOM) (04) 66
Writ Petition No.12027 of 2025 with Writ Petition No.3467 of 2026
Manish Pitale, Shreeram V. Shirsat
Vineet Naik, Bhushan Deshmukh, Dhruti Kapadia, Anil Singh, Prakash Pandey, Dhruvi Patni, Savita Rami, Adarsh Vyas, Jainendra Sheth, Rajdatt Nagre, Krishnakant Deshmukh, Rama Gupta, Arya Ambre, Rajesh Yadav
Godrej & Boyce Manufacturing Company Limited
Collector, Mumbai Suburban District and others
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Nature of Litigation
Writ petitions challenging orders of the Land Acquisition Rehabilitation and Resettlement Authority allowing condonation of delay and amendment of written statement in land acquisition reference proceedings.
Remedy Sought
Petitioner sought quashing of orders dated 21.08.2025 and 18.02.2026 passed by the LARR Authority.
Filing Reason
Petitioner aggrieved by the LARR Authority allowing applications for setting aside ex-parte order, condoning delay, and permitting amendment to add limitation objection.
Previous Decisions
Land acquisition award dated 15.09.2022; Writ Petition No.3537 of 2019 dismissed on 09.02.2023; SLP dismissed on 24.02.2023; LARR Authority order dated 23.06.2023 dismissing application for direction to Collector; Writ Petition (L) No.19756 of 2023 disposed on 11.09.2023 directing Collector to decide reference application; Collector order dated 25.09.2023; Reference made on 10.10.2023; LARR Authority order dated 15.03.2024 setting respondents ex-parte; Impugned orders dated 21.08.2025 and 18.02.2026.
Issues
Whether the LARR Authority was justified in condoning delay and setting aside ex-parte order against the State respondents.
Whether the LARR Authority was justified in allowing amendment of written statement to add limitation objection.
Submissions/Arguments
Petitioner argued that respondents were present from 2023 and applications were belatedly allowed to prejudice petitioner, delaying proceedings.
Respondents argued that delay was due to administrative reasons and amendment was necessary to raise limitation issue.
Ratio Decidendi
The LARR Authority has discretion to condone delay and allow amendment of pleadings to ensure fair hearing and determination of real controversy, provided no prejudice is caused to the opposite party. Technicalities should not defeat substantive justice in land acquisition reference proceedings.
Judgment Excerpts
The petitioner company was the owner of the property that was acquired by land acquisition award dated 15.09.2022...
The LARR Authority has discretion to condone delay to ensure fair hearing...
The amendment sought was formal and did not change the nature of the case...
Procedural History
Land acquisition award on 15.09.2022; Writ Petition No.3537 of 2019 dismissed on 09.02.2023; SLP dismissed on 24.02.2023; Reference application filed on 28.02.2023; LARR Authority dismissed application for direction on 23.06.2023; Writ Petition (L) No.19756 of 2023 disposed on 11.09.2023; Collector order on 25.09.2023; Reference made on 10.10.2023; LARR Authority set respondents ex-parte on 15.03.2024; Impugned orders on 21.08.2025 and 18.02.2026; Present writ petitions filed and dismissed on 24.04.2026.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 64
