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TMI Blog1997 (4) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... e said appeal, Haribhai Naranbhai Tandel died and his legal heirs were brought on record. The appeal was allowed and the matter was remanded to the competent authority for fresh disposal. The competent authority after following the procedure laid down by law, passed an order dated March 30, 1995, forfeiting the properties. The present appellant filed the present appeal against the said order of the competent authority along with this application for condonation of delay in presenting the appeal. The question of the maintainability of the application was taken up and learned counsel for the appellant as well as Shri Pathak, Deputy Director, appearing on behalf of the competent authority, were heard. Shri D. Ramakrishna, counsel for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicable to the appeals filed under the SAFEMA. The relevant provision in section 12 of the SAFEMA, as set out under sub-section (4) is as follows: 12. (4) Any person aggrieved by an order of the competent authority made under section 7, sub-section (1) of section 9 or section 10, may, within forty-five days from the date on which the order is served on him, prefer an appeal to the Appellate Tribunal: Provided that the Appellate Tribunal may entertain any appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. From a reading of sub-section (4) of section 12, it is clear that the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FJR 177; AIR 1969 SC 1335; Nityanand M. Joshi v. Life Insurance Corporation of India [1969] 36 FJR 324; AIR 1970 SC 209 and Smt. Sushila Devi v. Ramanandan Prasad, AIR 1976 SC 177. The proviso to sub-section (4) of section 12 of the SAFEMA prescribes 60 days as the limitation for filing an appeal before the Appellate Tribunal, provided the appellant satisfies the Appellate Tribunal that he was prevented by sufficient cause from filing the appeal in time. The SAFEMA is a special enactment and has overriding effect over any other law for the time being in force under section 24 of the SAFEMA. The proviso to sub-section (4) of section 12 should be construed as an express provision barring the application of section 5 of the Limitation Act, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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