THE SPECIAL LAND ACQUISITION OFFICER AND ORS v. MUTTAPPA S/O BEERAPPA PUJARI
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-17. THE SPECIAL LAND ACQUISITION OFFICER AND ORS v. MUTTAPPA S/O BEERAPPA PUJARI. Read the judgment and case...
Judgment text
- 1 - MFA No. 204066 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH TH DATED THIS THE 17 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 204066 OF 2023 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, INDI, DIST. VIJAYAPURA 2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION GOVT. OF KARNATAKA NAVANAGAR, BAGALKOT. 3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION GOVT. OF KARNATAKA NAVANAGAR, BAGALKOT. Digitally signed by 4. THE SPL. DEPUTY COMMISSIONER NAGARAJA B M Location: HIGH REHABILITATION AND RESETTLEMENT COURT OF SECRETARY FOR LAND ACQUISITION DIVISION KARNATKA GOVT. OF KARNATAKA NAVANAGAR, BAGALKOT. 5. THE EXECUTIVE ENGINEER UKP RAMPUR, TQ. SINDAGI DIST. VIJAYAPURA. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VIRANAGOUDA BIRADAR, AGA) - 2 - MFA No. 204066 of 2023 AND: 1. MUTTAPPA S/O BEERAPPA PUJARI OCCUPATION.
AGRICULTURE R/O GORANAL VILLAGE, TQ. INDI DIST. VIJAYAPURA …RESPONDENT THIS MFA IS FILED UNDER SECTION 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO CALL FOR THE RECORDS IN L. A. C. NO. 726/2018 PASSED BY THE LEARNED III ADDL. DISTRICT JUDGE AND ADDL. LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR DATED 16. 07. 2022, ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 16. 07. 2022 IN LAC NO. 726/2018 PASSED BY THE LEARNED III ADDL. DISTRICT JUDGE AND ADDL. LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT (PER: HON'BLE MR.
JUSTICE SACHIN SHANKAR MAGADUM) The present appeal, filed under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, challenges the judgment and award dated 16. 07. 2022 in - 3 - MFA No. 204066 of 2023 LAC No. 726/2018. However, the appeal is filed after a delay of 340 days beyond the statutory limitation period of 120 days prescribed under Section 74(1) of the Act. This Court, following the Division Bench ruling in MFA No. 102543/2022 dated 23. 09. 2024, holds that the limitation period under the Act is mandatory and non-extendable. Relying on precedents, including Union of India vs. Popular Construction Co. and State of Kerala vs. V. R. Kalliyanikutty (AIR 1999 SC 1305), the appeal is dismissed as time-barred, without addressing the merits. Parties shall bear their respective costs. In view of disposal of main appeal, pending applications, if any, stand rejected.
The Court fee paid, if any, shall be refunded in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No. : 3 Sl No. : 387
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