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2019 Supreme(Ker) 119

V.CHITAMBARESH, R.NARAYANA PISHARADI
Omanakunjamma, W/o. Parameswaran Kartha – Appellant
Versus
Deputy Collector and Competent Authority (Kerala) Gail (India) Ltd, Valanjambalam, Kochi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Adv. Sri.P.Martin Jose Adv. Prijith.P
For the Appellant : Advs. Shri.P.vijayakumar, ASG of India and Sri.K.Anand (Sr.)Smt.Latha Krishnan

ORDER :

R.NARAYANA PISHARADI, J.

1. Does Section 5 of the Limitation Act, 1963 apply to an application for determination of compensation filed under Rule 5 of the Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Rules, 1963 (hereinafter referred to as 'the Rules') before the District Judge? This is the question to be answered in this reference.

2. The property of the petitioner was acquired for laying pipeline for carrying petroleum gas and compensation was granted to her under the Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as 'the Act'). Aggrieved by the determination of the amount of compensation, the petitioner filed application under Rule 5 before the District Court, Ernakulam. There was a delay of 645 days in filing that application. The petitioner had filed an application under Section 5 of the Limitation Act, 1963 for condoning the delay. It was dismissed by the District Court stating that the petitioner failed to show sufficient cause for the delay. The aforesaid order is challenged in the revision petition.

3. When the revision petition came up before the learned Single Judge, it was notic





























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