[LARR Act, 2013] Kerala High Court Declines To Condone Delay In Filing Appeal After Expiry Of Maximum Period Of 120 Days

The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen while declining to condone the delay in filing the appeal after the maximum time period referred to an order passed by the Karnataka High Court and stated thus:

“Beyond 120 days, no appeal is entertainable by the High Court and there is no power to condone delay.”

The Court was considering appeals filed against the award by the State in which they had filed applications for condonation of delay.

Referring to Section 74 of the Act, the Court stated that the maximum time period for entertaining an appeal was 60 days. It further stated that as per the proviso to Section 74, the Court could entertain an appeal within a further period of 60 days if sufficient cause was shown.

The Court concluded, “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.

Accordingly, it dismissed the land acquisition appeals.

Citation: 2024 LiveLaw (Ker) 138

Case title: State of Kerala v Kool Foam Pvt Ltd. & Connected Cases

Case number: LA.APP. NO. 15 OF 2024, LA.APP. NO. 16 OF 2024, LA.APP. NO. 17 OF 2024

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