K’taka HC Dismisses NHAI Appeal Due to Delay in Challenging Court Order

The Karnataka High Court has recently dismissed an appeal filed by the National Highways Authority of India (NHAI) due to its delayed in challenging the order.

The NHAI sought to challenge the order, which was issued under the Arbitration and Conciliation Act by a Sessions Court in Mandya on March 30, 2021. However, the NHAI’s appeal was lodged after a delay of 605 days.

The landowner, Meera Shivalingaiah, had already initiated an execution petition to enforce the Sessions Court’s ruling by the time the NHAI filed its appeal in the High Court. The NHAI had previously submitted objections to the execution petition and subsequently approached the High Court to challenge the Sessions Court’s decision.

In response to the appeal, Shivalingaiah argued that the reasons provided- notably that the matter was sent for legal opinion and the file could not be located – were insufficient to warrant condoning the delay.

A single judge Justice HP Sandesh while hearing the matter referenced a Supreme Court judgment and underscored that the involvement of the government does not warrant automatic condonation of delay. The Court stressed that a different standard cannot be established for condoning delay solely based on government involvement. The judgment highlighted that the NHAI had a two-year window to act and was aware of the execution petition’s filing. Despite participating in the execution petition and submitting objections on June 2, 2022, the NHAI did not promptly file the appeal.

“In the case on hand, no doubt the appeal is filed by the National Highway Authority and there was no need to take opinion for a period of two years and apart from that even appellants had the knowledge about filing of execution petition and in the said execution petition participated and filed a statement of objections on 2.6.2022 itself and even immediately after filing a statement of objections appeal was not filed,” the bench stated.

The High Court’s decision stands as a notable affirmation of the importance of timely action, irrespective of government involvement, in legal proceedings.