We are also not satisfied with the delay by the Respondents in making a claim Under Section 87 of the Act. The contention of the Respondents is that since there is no time limit specified for filing a claim petition, they could have made a claim at any point of time, particularly for correcting a clerical error.
59. It is now well settled that where no time-limit is specified, whatever is required to be done should be within a reasonable period. In Collector v. P. Mangamma MANU/SC/0170/2003 : (2003) 4 SCC 488 at page 491 it was held in paragraphs 5 and 6 as follows:
A reasonable period would depend upon the factual circumstances of the case concerned. There cannot be any empirical formula to determine that question. The court/authority considering the question whether the period is reasonable or not has to take into account the surrounding circumstances and relevant factors to decide that question.
In State of Gujarat v. Patel Raghav Natha MANU/SC/0406/1969 : (1969) 2 SCC 187 it was observed that when even no period of limitation was prescribed, the power is to be exercised within a reasonable time and the limit of the reasonable time must be determined by the facts of the case and the nature of the order which was sought to be varied.........". Reasonable, being a relative term is essentially what is rational according to the dictates of reason and not excessive or immoderate on the facts and circumstances of the particular case.
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 4632-4638 of 2018 (Arising out of S.L.P. (C) Nos. 21856-21862 of 2010)
Decided On: 01.05.2018
Telangana Housing Board Vs. Azamunnisa Begum (died) thru. L.Rs. and Ors.
Hon'ble Judges/Coram:
Madan B. Lokur and Deepak Gupta, JJ.
Citation: (2018) 7 SCC 346.
