The High Court of Karnataka dismissed a writ appeal filed by a cooperative society against a 1996 order quashing its land acquisition. The court refused to condone the 5331-day delay, finding the appellant was not diligent in pursuing earlier petitions and appeals.
The application to condone the delay is rejected, and the appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 21ST DAY OF JUNE 2012
PRESENT
THE HON'BLE MR. JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR. JUSTICE V.SURI APPA RAO
WA No.3676/2011 (CS-RES)
BETWEEN :
ITI EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LIMITED DOORAVANINAGAR, BANGALORE 560016 BY ITS SECRETARY - M R JAGADEESH ...APPELLANT
( By Sri. G L VISHWANATH & MANASA, ADVS.)
AND :
4 TO 6 S/O LATE KUPPANNA R/AT NAYANDAHALLI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK ...RESPONDENTS
( By Sri. M. KESHAVA REDDY, AGA)
This writ appeal is filed under Section 4 of the Karnataka High Court Act, 1961, prays that this Hon'ble Court be pleased to set aside the order dated 16.08.1996 passed in Writ Petition No.8409/1989 and hold the acquisition of the schedule lands as legal, valid and binding.
This writ appeal coming on for Orders this day, K.L.MANJUNATH. J., delivered the following :
JUDGMENT
Heard the learned Counsel for the appellant.
There is delay of 5331 days in filing this appeal. The appellant – Co-Operative Society is trying to challenge the order passed by the learned Single Judge of this Court dated 16.08.1996 in W.P. No. 8409/1989.
possession of the property as required under the Land Acquisition Act. Even if the award was passed the appellant has not explained why possession was not taken within the stipulated time or if really the appellant was interested in pursuing the acquisition proceedings, the appellant would have come to know the order passed by the learned Single Judge in W.P. No.8409/1989 dated 16.08.1996.
appeal is filed challenging the order passed in W.P. No.8409/1989 dated 16.08.1996 in this appeal.
assigned for not approaching the Court immediately or within a reasonable time. In the circumstances, no Court can condone the delay of 5331 days in filing the appeal or to condone the delay in approaching this Court five years after the dismissal of the earlier W.P. No. 44525/2002.
Consequently, the appeal is dismissed.
Sd/JUDGE
Sd/JUDGE.
Rbv*
3 issues framed by the court
Whether the delay of 5331 days in filing the appeal should be condoned under Section 5 of the Limitation Act.
Whether the court has sufficient grounds to dismiss the application to condone the delay in approaching the court.
Whether the appeal challenging the quashing of the land acquisition order should be allowed given the excessive delay.
3 provisions across 3 enactments
ITI EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LIMITED
STATE OF KARNATAKA DEPARTMENT OF REVENUE
THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT
THE SPECIAL LAND ACQUISITION OFFICER
VENKATARAMAN AGED 89 YEARS CHINNAPPA AGED 82 YEARS RAMASWAMY AGED 78 YEARS
K.L.MANJUNATH
V.SURI APPA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
