New Delhi: In a strongly worded ruling, the Supreme Court has overturned a Karnataka High Court order that excused a staggering 11-year delay by the Karnataka Housing Board (KHB) in challenging a land compensation decree. The bench, led by Justice J.B. Pardiwala, called the High Court’s leniency “a misuse of discretion” and reinstated the compensation awarded to the late Shivamma’s family.
Background
The dispute stems from a 9.13-acre plot in Kalaburagi district. Shivamma inherited the land after a family partition in 1989. Four acres were taken over by KHB in 1979 to build a housing colony. A trial court initially rejected her claim for possession, but in 2006 the first appellate court granted her ownership and ordered compensation instead of eviction since houses had already been built.
Despite notices in 2011 during execution proceedings, the KHB filed its second appeal only in 2017-nearly 3,966 days late.
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Court’s Observations
The Supreme Court dissected Section 5 of the Limitation Act, which allows courts to condone delays if “sufficient cause” is shown. Justice Pardiwala remarked, “There is no room for largesse for State lethargy and leisure.” He added that the phrase “within such period” requires the applicant to explain why they could not act both during the original limitation period and afterwards.
The bench noted that the Housing Board’s own files showed no movement after 2008 and said, “Officers slept over their duty even after receiving execution notices in 2011. Public bodies cannot hide behind bureaucracy when citizens’ rights are at stake.”
Decision
Allowing the appeal, the Supreme Court set aside the High Court’s 2017 order condoning the delay. It restored the 2006 decree directing KHB to pay compensation for the occupied land, bringing long-awaited relief to Shivamma’s legal heirs. The judgment stops short at directing payment, leaving the execution of compensation to the lower court.
Case: Shivamma (Dead) by LRs vs. Karnataka Housing Board & Others
Appeal No.: Civil Appeal No. 11794 of 2025 (arising out of SLP (C) No. 10704 of 2019)
Judgment Date: 2025 (Reported as 2025 INSC 1104)
