In this land acquisition appeal, the High Court refused to condone a delay of 1767 days in filing the appeal. The court held that the reasons provided by the appellant, citing lack of communication with counsel, were insufficient to excuse such inordinate delay, especially since the appellant received compensation in 2010 and filed the appeal in 2014.
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 KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 11TH DAY OF JUNE 2014/21ST JYAISHTA, 1936
LA.App..No. 268 of 2014 ()
AGAINST THE JUDGMENT IN LAR 180/2000 of ADDL.SUB COURT,KOLLAM DATED 29-01-2008
APPELLANT/CLAIMANT:
XAVIOUR
S/O.SIMON, KALEELIL VEEDU, KUREEPUZHA CHERRY THRIKKADAVOOR VILLAGE, KOLLAM.
BY ADV. SRI.PRATHEESH.P
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR KOLLAM-690013.
R1 BY GOVERNMENT PLEADER SMT.P.A.REZIYA
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR CONSIDERATION ON 11-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARUN-UL-RASHID & ANIL K.NAENDRAN,JJ.
C.M.APPL.NO.270 OF 2014 & LAA. NO. 268 OF 2014
DATED THIS THE 11TH DAY OF JUNE, 2014
JUDGMENT
Harun-Ul-Rashid, J.
C.M.Appl.No.270/2014 is filed seeking to condone the delay of 1767 days in filing the appeal. The Judgment and decree in LAR.No.180/2000 on the file of the Sub Court, Kollam were passed on 29/1/2008. We have examined the reasons stated in the affidavit filed in support of the petition for condonation of delay. No satisfactory reasons are stated in the affidavit. It is pleaded that the appellant could not file the appeal in time due to lack of proper communication from the office of his counsel. We find that the appeal was preferred after inordinate delay of 1767 days. The reasons stated in paragraph 4 are not sufficient to condone even a reasonable period of delay.
-2-
C.M.APPL.No.270 OF 2014 & L.A.A.No.268/2014
received the said amount on 3-4-2010 by filing cheque application. From the counter affidavit, it is seen that the enhanced compensation awarded by the reference court was withdrawn by the claimant on 3/4/2010. He preferred this appeal only after three years of receipt of the compensation. There is every justification in the contention in the contention raised by the respondent that filing of the present appeal is an after thought on experimental basis. We do not find any reason to condone the inordinate delay of 1767 days. Petition is dismissed.
Consequently, the appeal stands dismissed.
HARUN-UL-RASHID,
ANIL K.NARENDRAN, Judge.
kcv.
2 issues framed by the court
Whether the delay of 1767 days in preferring the land acquisition appeal can be condoned given the lack of satisfactory reasons.
Whether the delay in filing the appeal after receiving the enhanced compensation entitles the appellant to condonation of time.
1 provisions across 1 enactments
XAVIOUR S/O.SIMON
STATE OF KERALA
HARUN-UL-RASHID
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
