Case Note & Summary
The appellant, Karnataka Neeravari Nigama Limited, filed an appeal under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) challenging a judgment and award dated 24.04.2019 passed by the Reference Court in LAC No.793/2017, which enhanced compensation for land acquisition. The appeal was filed with a delay of 179 days beyond the prescribed limitation period. The High Court examined the limitation provision under Section 74(1) and its proviso, which allows a maximum of 60 days extension beyond the initial 60-day period, totaling 120 days. The court noted that the Limitation Act, 1963 does not apply to special statutes that prescribe their own limitation periods. Since the delay exceeded the maximum permissible extension, the court held that the delay could not be condoned. Consequently, the appeal was dismissed as time-barred, and the application for condonation of delay was rejected.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 Limitation Act, 1963 - Applicability to Special Statutes - The proviso to Section 74(1) of the RFCTLARR Act, 2013 provides a maximum period of 60 days extension beyond the initial 60 days for filing an appeal, totaling 120 days. The court held that the Limitation Act, 1963 does not apply to special statutes that prescribe a specific limitation period, and the delay beyond the extended period cannot be condoned. (Paras 1-3)
B) Land Acquisition - Appeal - Limitation - Section 74(1) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The appeal was filed 179 days beyond the prescribed period of 120 days. The court held that the proviso to Section 74(1) does not permit condonation beyond the maximum extension of 60 days, and the appeal is time-barred. (Paras 1-4)
Issue of Consideration
Whether the High Court can condone a delay of 179 days in filing an appeal under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, when the proviso allows a maximum extension of 60 days beyond the initial 60-day period.
Final Decision
The appeal is dismissed as time-barred. The application for condonation of delay is rejected.
Law Points
- Limitation period for appeal under Section 74(1) of RFCTLARR Act
- 2013 is 60 days extendable by maximum 60 days
- total 120 days
- delay beyond 120 days cannot be condoned
- Section 5 of Limitation Act
- 1963 not applicable
- appeal filed beyond 120 days is time-barred.
Case Details
2024 LawText (KAR) (09) 21
Miscellaneous First Appeal No.105041 of 2019 (LAC)
Krishna S. Dixit, Vijaykumar A. Patil
K.S. Patil (for appellant), Gangadhar J.M. AAG for V.S. Kalasurmath (for R1 and R3), Anand Kumar (for R2)
Karnataka Neeravari Nigama Limited
The Special Land Acquisition Officer, Shivajataya Chinnayya Dalawai, The Principal Secretary
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Nature of Litigation
Appeal against judgment and award enhancing compensation in land acquisition reference.
Remedy Sought
Appellant sought to set aside the judgment and award dated 24.04.2019 passed by the Reference Court in LAC No.793/2017.
Filing Reason
Appellant challenged the enhancement of compensation awarded by the Reference Court.
Previous Decisions
Reference Court passed judgment and award on 24.04.2019 in LAC No.793/2017 enhancing compensation.
Issues
Whether the delay of 179 days in filing the appeal can be condoned under Section 74(1) of the RFCTLARR Act, 2013.
Submissions/Arguments
Appellant argued that the delay was due to administrative reasons and should be condoned.
Respondents opposed condonation, stating that the proviso to Section 74(1) limits extension to 60 days, and the delay exceeded that.
Ratio Decidendi
The proviso to Section 74(1) of the RFCTLARR Act, 2013 allows a maximum extension of 60 days beyond the initial 60-day period for filing an appeal, totaling 120 days. The Limitation Act, 1963 does not apply to special statutes that prescribe their own limitation periods. Therefore, a delay beyond 120 days cannot be condoned, and the appeal is time-barred.
Judgment Excerpts
Section 74(1) along with the Proviso thereto (sub-section (2) not being relevant) of the 2013 Act has the following text: '74. Appeal to High Court. (1) The Requiring Body or any person aggrieved by the Award passed by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.'
There is an admitted delay of 179 days in filing the appeal and an application seeking its condonation accompanies it.
Procedural History
The Reference Court passed judgment and award on 24.04.2019 in LAC No.793/2017. The appellant filed this appeal on an unspecified date with a delay of 179 days. The appeal was reserved for judgment on 04.09.2024 and pronounced on 23.09.2024.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: 74(1)
- Limitation Act, 1963: 5
