PETRONET CCK LTD Vs. VIJAYAN

JUDGEMENT

(1.) In these Revision Petitions, the petitioner Petronet CCK Ltd. has challenged the order passed by the District Court Palakkad condoning the delay in filing the application for enhanced compensation under Section 10(2) of the Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Act, 1962, (hereinafter referred to as 'the Act'). The Act provides for the acquisition of right of use of the land for laying pipelines for transport of petroleum and minerals and for matters connected therewith. As per the provisions of the Act, the owners of the land are entitled to compensation for the damages caused to the land. This is to be determined by the competent authority under the Act.

(2.) The owners of the land were not satisfied with the order passed by the competent authority. They have approached the District Court by challenging the order passed by the competent authority, Section 10(2) of the Act says thus:

(3.) The question for consideration is whether under Rule 5, if any application is not filed within ninety days, the Court has got power to condone the delay. The Court below held that it has got power and accordingly, condoned the delay in filing the application.