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2022 Supreme(Online)(KER) 8841

HIGH COURT OF KERALA
Devan Ramachandran, J
MUTHUSWAMI – Appellant
Versus
THE UNION OF INDIA – Respondent


JUDGMENT

The petitioner has approached this Court impugning Ext.P3 order of the 2nd respondent - Special Tahsildar, rejecting his application seeking reference of the Award - issued with respect to the property acquired from him under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Fair Compensation Act' for short) -

saying that it is barred by limitation.

2. According to Shri.Raphel Thekkan, learned counsel appearing for the petitioner, the period between 15.03.2020 and 02.10.2021 ought to have been excluded by the Special Tahsildar while computing the period of limitation, since this has been directed to be so done by the Hon'ble Supreme Court, taking note of the COVID-19 pandemic scenario. He submitted that if this period is discounted, then the delay of 137 days, caused by his client in filing the application, becomes condonable, going by Section 64(2)(b) of the 'Fair Compensation Act'. He, therefore, reiteratingly prayed that Ext.P3 be set aside and the Special Tahsildar be directed to reconsider his client's application for reference, within a time frame to be fixed by this Court.

3. In response,

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