GAIL (INDIA) LTD Vs. VIJAYANARAYANAN

JUDGEMENT

(1.) The right of user of the land of the respondent was acquired by the petitioner in R.S.No.16/2 pt of Kavannur Block in Ernad Taluk under the provisions of the Petroleum And Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (for short 'the Act'). The compensation was awarded to the respondent. However, aggrieved by the quantum of compensation awarded by the competent authority, the respondent filed application under Section 10 of the Act before the District Court. However, there was delay of 114 days in filing the application. The District Court condoned the delay in filing the application, against which this original petition has been filed.

(2.) Heard.

(3.) The learned counsel for the petitioner has submitted that in view of R.5 of the Petroleum And Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1963 (for short 'the Rules'), the application challenging the order of the competent authority shall be filed within 90 days and since there is no provision for condoning the delay as per the above Rules, the District Court had no jurisdiction to condone the delay in filing the application.