Rajasthan Housing Board v. M/s Hariyali Rural Ventures Ltd. and others

Background

Background

In Rajasthan Housing Board, the Supreme Court rejects delay beyond 120 days under section 74, disputes S.V. Global and leaves pending appeals to High Courts.

Legal questions

Legal questions

Can section 5 of the Limitation Act extend the further 60-day period under section 74, and did the Housing Board’s Article 227 challenge warrant interference?

Court holding

What the Court decided

The bench treated 60 days plus a conditional further 60 days as an inflexible outer limit, disagreed with S.V. Global Mill, and declined a larger-bench reference in reliance on larger-bench precedent. Independently, the Board had pursued Article 227 rather than filing a delayed section 74 appeal; even assuming the earlier decision was correct, its ratio did not assist the Board.

Final outcome

Final outcome

Special leave petition dismissed; connected applications disposed of; larger-bench reference declined. Paragraph 24 leaves pending time-barred section 74 appeals to the relevant High Courts for decision in accordance with law.

Practical effect

What the decision means in practice

Special leave petition dismissed; connected applications disposed of; larger-bench reference declined. Paragraph 24 leaves pending time-barred section 74 appeals to the relevant High Courts for decision in accordance with law.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Key legal principles

Key legal principles

• The bench treated 60 days plus a conditional further 60 days as an inflexible outer limit, disagreed with S.V. Global Mill, and declined a larger-bench reference in reliance on larger-bench precedent. Independently, the Board had pursued Article 227 rather than filing a delayed section 74 appeal; even assuming the earlier decision was correct, its ratio did not assist the Board.
• The further 60-day filing period requires sufficient cause; 120 days is not an unconditional appeal period.
• Pending time-barred appeals were left for High Courts to decide in accordance with law.