STATE OF KERALA Vs. KOOL FOAM PVT. LTD.

JUDGEMENT

(1.) These appeals are filed by the State under Sec. 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and 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 appeals as they were filed beyond the time permitted under Sec. 74 of the Act. The appeals are preferred against the award of the authority under Sec. 69 of the Act.

(2.) Proviso to Sec. 74(1) of the Act is clear as to the maximum time, within which an appeal can be entertained by the High Court. Sec. 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.

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