Dismissed

State of Kerala v. Kool Foam Pvt. Ltd.

Kerala HC22 Feb 2024LA.App./15/2024

Case brief

AI extract

What is this about?

The State filed three land acquisition appeals against awards of the Land Acquisition Authority with delay exceeding 120 days. Relying on a Karnataka High Court order, the court held Section 74's proviso caps entertainable delay at 120 days with no further condonation power, dismissed the delay-condonation applications and consequently the appeals.

What the court decided

AI extract

State of Kerala Vs Kool Foam Pvt. Ltd. — Land Acquisition | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 22^ND DAY OF FEBRUARY 2024 / 3RD PHALGUNA, 1945

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LA.APP. NO. 15 OF 2024

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AGAINST THE JUDGMENT DATED 18.11.2022 IN LAR 43/2019 OF LAND

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ACQUISITION REHABILITATION & RESETTLEMENT AUTHORITY, KOTTAYAM

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APPELLANTS/RESPONDENTS 1 & 2:

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1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR KOTTAYAM, PIN - 686002

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2 THE SPECIAL TAHSILDAR LAND ACQUISITION, RAILWAY KOTTAYAM, PIN - 686001

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BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN

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RESPONDENTS/CLAIMANT & 3RD RESPONDENT:

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1 KOOL FOAM PVT. LTD. A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, 1956 REPRESENTED BY ITS MANAGING DIRECTOR ALEXANDER SEBASTIAN, S/O P.C SEBASTIAN, RESIDING AT PALLIVATHUKKAL HOUSE, MUTTAMBALAM VILLAGE, COLLECTORATE P.O KOTTAYAM, PIN - 686002

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2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION II), SOUTHERN RAILWAY ERNAKULAM, PIN - 682016

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BY ADVS. SRI.MATHEW JOHN – FOR R1 ABY J AUGUSTINE(K/000302/2018) – FOR R1 ZAKHIER HUZZAIN(K/122/1986) – FOR R1 DSGI – FOR R2

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22.02.2024, ALONG WITH LA.App..16/2024, 17/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LAA Nos.15, 16 & 17 of 2024

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..2..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 22^ND DAY OF FEBRUARY 2024 / 3RD PHALGUNA, 1945

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LA.APP. NO. 16 OF 2024

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AGAINST THE JUDGMENT DATED 18.11.2022 IN LAR 34/2020 OF LAND

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ACQUISITION REHABILITATION & RESETTLEMENT AUTHORITY, KOTTAYAM

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APPELLANTS/RESPONDENTS 1&2:

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1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR ,KOTTAYAM, PIN - 686002

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2 THE SPECIAL TAHSILDAR LAND ACQUISITION ,RAILWAY ,KOTTAYAM, PIN - 686001

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BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN

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RESPONDENTS/CLAIMANT & 3RD RESPONDENT:

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1 VIJAYAPURAM DIOCESE REPRESENTED BY REV.FR.AJI,CHERUKAKRAMCHERIYIL ,KOTTAYAM, PIN - 686001

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2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION II),SOUTHERN RAILWAY ,ERNAKULAM, PIN - 682016

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BY ADVS. JAMES KURIAN MATHEW JOHN – FOR R1 ZAKHIER HUZZAIN(K/122/1986) – FOR R1 DSGI – FOR R2

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22.02.2024, ALONG WITH LA.App..15/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LAA Nos.15, 16 & 17 of 2024

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..3..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 22^ND DAY OF FEBRUARY 2024 / 3RD PHALGUNA, 1945 LA.APP. NO. 17 OF 2024

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AGAINST THE JUDGMENT DATED 18.11.2022 IN LAR 36/2019 OF LAND ACQUISITION REHABILITATION & RESETTLEMENT AUTHORITY, KOTTAYAM

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APPELLANTS/1ST RESPONDENT & 2ND RESPONDENT:

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1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR , KOTTAYAM COLLECTORATE , KOTTAYAM, PIN - 686002

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2 THE SPECIAL TAHSILDAR LAND ACQUISITION , RAILWAYS , KOTTAYAM, PIN - 686001

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BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN

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RESPONDENTS/CLAIMANT & 3RD RESPONDENT:

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1 KOOL FOAM PVT.LTD. A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT 1956 REP. BY MANAGING DIRECTOR ALEXANDER SEBASTIAN S/O P.C SEBASTIAN , PALLIVATHUKKAL HOUSE , MUTTAMBALAM VILLAGE , COLLECTORATE P.O ,KOTTAYAM, PIN - 686002

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2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION II ) , SOUTHERN RAILWAY ERNAKULAM, PIN - 682016

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BY ADVS. SRI.MATHEW JOHN – FOR R1 ABY J AUGUSTINE(K/000302/2018) – FOR R1 DSGI – FOR R2

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22.02.2024, ALONG WITH LA.App..15/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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“CR”

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LAA Nos.15, 16 & 17 of 2024

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..4..

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CM Appl.No.1 of 2024 in LAA No.15 of 2024; CM Appl.No.1 of 2024 in LAA No.16 of 2024; & CM Appl.No.1 of 2024 in LAA No.17 of 2024

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AND

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LAA Nos.15, 16 & 17 of 2024

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JUDGMENT

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A. MUHAMED MUSTAQUE, J.

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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

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LAA Nos.15, 16 & 17 of 2024

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..5..

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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.

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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.

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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

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LAA Nos.15, 16 & 17 of 2024

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..6..

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appeal is entertainable by the High Court and there is no power to condone delay.

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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.

SD/-

A. MUHAMED MUSTAQUE

JUDGE

SD/-

SHOBA ANNAMMA EAPEN

JUDGE