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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN, JJ.
State of Kerala – Appellant
Versus
Kool Foam Pvt. Ltd. – Respondent
C.M. Application No. 1 of 2024 in LAA Nos. 15, 16, 17 of 2024
Decided On : 22-02-2024
Delay in Filing Land Acquisition Appeals - Interpretation of Proviso to Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013
Fact of the Case:
The State filed appeals under Section 74 of the Act with applications to condone the delay of more than 120 days in filing the appeals. The appeals were preferred against the award of the authority under Section 69 of the Act.
Finding of the Court:
The court found that the proviso to Section 74(1) of the Act clearly states that the maximum period within which an appeal can be entertained by the High Court is 120 days. The Karnataka High Court had previously considered the impact of the proviso and concluded that beyond 120 days, no appeal is entertainable by the High Court and there is no power to condone the delay.
Issues: Preliminary objection raised regarding the maintainability of the appeals due to being filed beyond the time permitted under Section 74 of the Act.
Ratio Decidendi: The court interpreted the proviso to Section 74(1) of the Act and concluded that appeals filed beyond 120 days from the date of the award cannot be entertained by the High Court, as the High Court has no power to condone the delay beyond 60 days after the expiry of 60 days reckoned from the date of the award.
Final Decision: The applications to condone the delay in filing the land acquisition appeals were dismissed, and consequently, the land acquisition appeals were also dismissed.
JUDGMENT :
A. MUHAMED MUSTAQUE, J.
1. These appeals are filed by the State under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (hereafter referred to as, “the Act”) with applications to condone the delay of more than 120 days in filing the appeals. We are not referring to the delay involved in each case as it varies from case to case. A preliminary objection has been raised by the learned counsel for the respondents in regard to the maintainability of the appeals as they were filed beyond the time permitted under Section 74 of the Act. The appeals are preferred against the award of the authority under Section 69 of the Act.
2. Proviso to Section 74(1) of the Act is clear as to the maximum time, within which an appeal can be entertained by the High Court. Section 74(1) of the Act states that an appeal has to be filed within 60 days from the date of the award. Proviso states that the High Court may entertain the appeal if there is sufficient cause is shown beyond 60 days, provided, the appeal is filed within a further period of 60 days. That means, the maximum period, within which the appeal can be entertained by the High Court, is 120 days. Any appeal filed beyond 120 days from the date of award cannot be entertained by the High Court as the High Court has no power to condone the delay beyond 60 days after the expiry of 60 days reckoned from the date of award.
3. The Karnataka High Court, in a detailed order in RP No. 328 of 2021 in MFA No. 3806 of 2019, considered the impact of proviso and found that beyond 120 days, no appeal is entertainable by the High Court and there is no power to condone delay.
4. In the light of the above, the applications to condone the delay in filing these land acquisition appeals are dismissed. Consequently, the land acquisition appeals are also dismissed.
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