IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 CRP.No. 372 of 2005() --------------------- REVN. PETITIONER(S): PETITIONER. -------------------------------- SAFIYA, AGED 39 YEARS, W/O.HYDROSE, VAYALODATH, VELIATHUNADU, U.C.COLLEGE P.O. BY ADV. SRI.P.K.MOHAMMED PUZHAKKARA RESPONDENTS/RESPONDENTS: --------------- 1. THE DEPUTY COLLECTOR, COMPETENT AUTHORITY, C.C.K. PROJECT, GOLDEN PLAZA AVENUE, CHITTOOR ROAD, KOCHI 18. 2. THE PETRONET C.C.K. LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, GOLDEN PLAZA, AENUE, CHITTOOR ROAD, KOCHI 18. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R2 SRI. SAJI VARGHESE FOR R2 SRI. MARIAN MATHAI FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON 20/10/2008 PASSED THE FOLLOWING: P.BHAVADASAN, J. -------------------------------------------- CRP Nos.372 & 1239 of 2005 -------------------------------------------- Dated 22nd February 2010 Order As common issues arise for consideration in both these petitions, they are disposed of by this common order. 2. CRP No.372/05 arises from the order dt.25.09.2004 in IA No.215/01 in OP 41/01 on the file of the Additional District Court, North Paravur and CRP No.1239/05 arises out of the order dt.25.09.2004 in IA No.303/01 in OP No.50/01 on the file of the very same Court. 3. The petitioners in both these cases approached the District Court concerned, seeking enhancement of compensation granted for acquiring their land for drawing the pipe line of petroleum products under C.C.K.Karur-Kochi Petronet Project. Under S.10 of the Petroleum Minerals Pipelines (Acquisition of Right of user in land) Act, 1962, a person who is interested in the land under which the pipeline is proposed to be laid, is entitled to compensation which shall be determined by the competent authority at the first instance. If any of the owners or persons interested in the land is dissatisfied with the CRP Nos.372 & 1239/05 2 compensation so granted, he can approach the District Court concerned as per Rule 5 of the relevant Rules and in such cases, applications shall be filed within 90 days from the date of receipt of intimation from the competent authority as provided under Sub-rule 3 of Rule 4. In the cases on hand, the petitions were not filed within time. Therefore, the petitioners concerned applied for condonation of delay. The Court below found that no sufficient cause had been shown to condone the delay and accordingly dismissed the petitions. Hence these revision petitions. 4. This Court in CRP No.370/05 had occasion to consider a similar issue. It is true that the learned counsel for the respondents pointed out that being a special Statute, the provisions of the Limitation Act are not applicable and therefore, S.5 cannot be invoked. But, unfortunately for the respondents, in the order referred to above, it has been held that the Court has the power to condone the delay in filing the petition as provided under Rule 5 of the Petroleum Pipelines (Acquisition of right and user in land) Rules. There is no reason to take a different view in the matter now. CRP Nos.372 & 1239/05 3 5. The petitioners submitted that they were under the bona fide belief that the matter will be automatically referred to the District Court for enhanced compensation. They submit, they were unaware of the procedure to be followed and therefore, they had not independently moved the District Court concerned. 6. The learned counsel appearing for the respondents pointed out that the petitioners should have taken care to follow the procedure and the laches on their part is not a ground to condone the delay. 7. One shall not forget that the petitioners did not stand to gain by not approaching the District Court within time. One may recall that the petitioners were constrained to approach the District Court, dissatisfied with the compensation awarded to them. In such a situation, it is inconceivable that they would have wilfully or deliberately abstained from filing the petition within the stipulated time. Therefore, I feel that an opportunity needs to be given to the petitioners to have their cases be considered on merits. In the result, these Petitions are allowed. The impugned orders are set aside and the Additional District Court, North Paravur is directed to take the OPs to file, on the petitioners depositing an amount of Rs.1,000/- each within one CRP Nos.372 & 1239/05 4 month from today. The matter shall be disposed of by the Court below within four months from the date of receipt of a copy of this Order. P.BHAVADASAN, JUDGE sta CRP Nos.372 & 1239/05 5