Lucknow Development Authority v. Anupama Singh
In the Uttar Pradesh Real Estate Appellate Tribunal
Appeal (D) 480-481/2020
Before Justice D.K. Arora, Chairman, Mr T.B. Singh (Judicial Member), and Mr Rajiv Misra (Administrative Member)
Decided on June 11, 2021

Relevancy of the Case: Reliance on electronic modes for sending orders, directions, or decisions of the Tribunal

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 2(1))
• The Constitution of India, 1950 (Article 14)
• The Limitation Act, 1963 (Section 4, 5, 9)
• The Real Estate (Regulation and Development) Act, 2016 (Section 2, 44)

Relevant Facts of the Case

• The appellant intends to file an appeal against the order passed by the adjudicating officer. However, The limitation period of sixty days has expired.
• The appellant has requested the condonation of delay caused due to lockdown during COVID-19, transfer of clerk, change of lawyer and Holi vacation.

Opinion of the Bench

• The limitation period starts from the date of receipt of the order. Electronic media such as SMS, WhatsApp, E-mail and e-portal of court or tribunal are the acceptable ways to send any order, direction or decision passed by the authority.
• One can file an online appeal on non-working days. Such days are not considered holidays for counting the limitation period.
• The tribunal did not find the reasons for the delay satisfactory. There is no sufficient ground to admit the appeal beyond the limitation period.

Final Decision

• As a result, the tribunal dismissed the appeal.