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2022 Supreme(Online)(KER) 43339

HIGH COURT OF KERALA
Devan Ramachandran, J
N.C.UTHUPU @ BENNY – Appellant
Versus
THE UNION OF INDIA – Respondent


JUDGMENT

[WP(C) Nos.29190/2021 & 29222/2021]

I am considering these two writ petitions together since the factual circumstances pleaded and the legal issues are similar, if not identical.

2. In both these cases, the petitioners impugn the orders of the second respondent - Special Tahsildar, operating under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act'), rejecting their request for reference of the Awards in their favour to the competent Civil Court, with respect to the properties acquired from them, solely for the reason that the said applications have been filed beyond time.

3. Sri.Raphel Thekkan, learned counsel for the petitioners, explained that even though it might look as if his clients' applications are beyond time, the fact remains that if the block of days between 15.03.2020 to 02.10.2021, ordered by the Hon'ble Supreme Court to be excluded from the purview of limitation, is taken away, then their applications are well within time or at least within the umbra of the proviso to Section 64(2)(b) of the Act. He argued that since this has not been considered by the Special Tahs

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