V S JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is against the order of the Forest Tribunal, Kozhikode in IA No. 204 of 1981 in OA 372 of 1981. The petitioner filed IA 204 of 1981 under S.5 of the Limitation Act for condoning the delay on filing the OA. Tribunal dismissed the petition holding that it has no jurisdiction to condone the delay.

(2.) The only question that arises for consideration is as to whether the Forest Tribunal can condone delay in filing applications filed before it. S.5 of the Limitation Act provides for extension of prescribed period in appeals or applications before the Court if the applicant satisfied the Court that he bad sufficient cause for not preferring the appeal or making the application within the period specified. Counsel for the appellants contends that S. S of the Limitation Act can be made applicable to proceedings before the Forest Tribunal as there is no express exclusion of the Limitation Act under Act 26 of 1971. Such a contention is rot tenable as S.5 of the Limitation Act applies only to courts. In Athani Municipality v. Labour Court, Hugli, ( AIR 1969 SC 1335 ) the Supreme Court held as follows:

(3.) Counsel for the appellant relying on State of Kerala v. Syamala ( 1980 KLT 34 ) contended that S.4 to 24 of the Limitation Act, shall, to the extent to which these previsions have not been expressly excluded by a special or local law, apply for the purpose of determining any period of limitation prescribed for any suit, appeal or application by such special or local law. In the above decision the question that arose for consideration was regarding the period of limitation in appeal presented before the High Court under S.8A of Act 26 of 1971. S.8A provides for appeal to the High Court against any decision of the Forest Tribunal. The period within which appeal has to be filed is 60 days. The proviso to S.8A makes it clear that the High Court can admit an appeal preferred after the expiration of the period of 60 days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. Thus the proviso enables a party to move for condonation of delay in filing the appeal before the High Court. 1980 KLT 34 is not of any assistance to hold that Forest Tribunal can condone delay in filing applications before it. R.3 of Kerala Private Forests (Tribunal) Rules, 1972 provides that application under S.8 shall be presented to the Tribunal within 60 days from the date of publication of the notification under Sub-rule (2) of R.2A of the Kerala Private Forest (Vesting and Assignment) Rules, 1974 in respect of the land to which the dispute relates, whichever is later. There is no provision under the Act or Rules to enable the Forest Tribunal to condone the period of limitation if a party was unable to file the application within time.