The Karnataka High Court has rejected an appeal filed by the National Highways Authority of India (NHAI) against an order in favor of a landowner, refusing to condone a 270-day delay in filing the appeal. The NHAI had approached the High Court after a delay of 605 days, by which time the landowner had already filed an execution petition to enforce the Sessions Court’s order under the Arbitration and Conciliation Act on March 30, 2021.
In response to the appeal, the landowner, Meera Shivalingaiah, argued that the reasons provided for the delay were not sufficient. The NHAI claimed that the delay was due to the matter being sent for legal opinion and the file subsequently being lost or misplaced. However, the High Court cited a Supreme Court judgment and stated that the government’s involvement does not justify condoning the delay. The court noted that the NHAI had knowledge of the execution petition and even participated by filing objections, yet it still did not file the appeal immediately.
This decision by the High Court of Karnataka emphasizes that delays caused by government entities cannot be simply overlooked. The court highlighted the importance of treating all litigants equally, regardless of their involvement with the government. In this case, the NHAI’s failure to promptly file the appeal despite being aware of the execution petition ultimately resulted in the rejection of their appeal.
The rejection of the NHAI’s appeal serves as a reminder that all parties, including government entities, must adhere to the appropriate timelines in legal proceedings. This decision promotes fairness and equitable treatment in the judicial system, ensuring that delays are not condoned without valid and compelling reasons.
(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)
Frequently Asked Questions (FAQs) Related to the Above News
What is the recent decision made by the Karnataka High Court?
The Karnataka High Court rejected an appeal from the National Highways Authority of India (NHAI) regarding a landowner's case and refused to condone a 270-day delay in filing the appeal.
Who filed the appeal that was rejected by the court?
The National Highways Authority of India (NHAI) filed the appeal that was rejected by the Karnataka High Court.
What was the reason for the NHAI's delay in filing the appeal?
The NHAI claimed that the delay was due to the matter being sent for legal opinion and the file subsequently being lost or misplaced.
What was the response from the landowner to the NHAI's appeal?
The landowner, Meera Shivalingaiah, argued that the reasons provided for the delay were not sufficient.
How did the court justify its decision to reject the NHAI's appeal?
The court cited a Supreme Court judgment and stated that the government's involvement does not justify condoning the delay. The court also noted that the NHAI had knowledge of the execution petition and participated by filing objections, yet it still did not file the appeal immediately.
What is the significance of this decision by the High Court?
This decision emphasizes that delays caused by government entities cannot be overlooked and highlights the importance of treating all litigants equally, regardless of their involvement with the government.
What does this decision promote in the judicial system?
This decision promotes fairness and equitable treatment in the judicial system, ensuring that delays are not condoned without valid and compelling reasons.
Please note that the FAQs provided on this page are based on the news article published. While we strive to provide accurate and up-to-date information, it is always recommended to consult relevant authorities or professionals before making any decisions or taking action based on the FAQs or the news article.
