Section 74 of RFCTLARR is Self-Contained, Excludes Section 5
Section 74 of RFCTLARR of the 2013 Act provides a complete and exhaustive limitation scheme with a 60-day period extendable by a further 60 days upon sufficient cause, leaving no room for Section 5 of the Limitation Act.
The Deputy Commissioner and Special Land Acquisition Officer v. M/S S.V. Global Mill Limited — (2026) INSC 138Core Argument
Section 74 of RFCTLARR of the 2013 Act provides a complete and exhaustive limitation scheme with a 60-day period extendable by a further 60 days upon sufficient cause, leaving no room for Section 5 of the Limitation Act, which would defeat the legislative intent of finality.
Key Precedents
- Hukumdev Narain Yadav v. Lalit Narian Mishra (1974) 2 SCC 133 — Supports that even without express words, exclusion of the Limitation Act can be implied from the scheme of the special law where it provides a complete and exhaustive limitation mechanism.
- State of Gujarat v. Patel Raghav Natha (1969) 2 SCC 187 — Held that where a special statute provides for its own limitation and the consequences of delay, the general Limitation Act does not apply by necessary implication.
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