THE SPECIAL LAND ACQUISITION OFFICER AND ORS v. KAJESAB S/O IMAMSAB WALIKAR
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. KAJESAB S/O IMAMSAB WALIKAR. Read the judgment and case...
Judgment text
- 1 - MFA No. 200985 of 2024 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. 200985 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP ALMATTI, TALUK BASAVANA BAGEWADI DISTRICT VIJAYAPURA-586101. 2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION GOVERNMENT OF KARNATAKA NAVANAGAR, BAGALKOT-587103. 3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT UKP, NAVANAGAR, BAGALKOT-587103. 4. THE EXECUTIVE ENGINEER Digitally signed by KBJNL, ALBC DIVISION NAGARAJA B M CHIMMALAGI LIFT IRRIGATION PROJECT Location: HIGH COURT OF ALMATTI, TALUK BASAVANA BAGEWADI KARNATKA DISTRICT VIJAYAPURA-586101. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VIRANAGOUDA BIRADAR, AGA) AND: KAJESAB S/O IMAMSAB WALIKAR DIED HIS LRS - 2 - MFA No.
200985 of 2024 1(A) MOHAMMED YUSUF S/O KAJESAB WALIKAR AGE MAJOR, OCCUPATION AGRICULTURE R/O MURMU GOA, GOA STATE 1(B) NAJEER AHENAS S/O KAJESAB WALIKAR AGE MAJOR, OCCUPATION AGRICULTURE R/O MURMU GOA, GOA STATE 1(C) ABDUL REHAMAN S/O KAJESAB WALIKAR AGE MAJOR, OCCUPATION AGRICULTURE R/O MURMU GOA, GOA STATE 1(D) MURTUJABI W/O BANDAGISAB HULAGERI AGE MAJOR, OCCUPATION HOUSEHOLD WORK R/O MURMU GOA, GOA STATE 1(E) MALANBI W/O HUSENASAB KONNUR AGE MAJOR, OCCUPATION HOUSEHOLD WORK R/O KONNUR, TALUK MUDDEBIHAL DISTRICT VIJAYAPURA 1(F) BISMILLA W/O MAJEER AHMED WALIKAR AGE MAJOR, OCCUPATION HOUSEHOLD WORK R/O KONNUR, TALUK MUDDEBIHAL DISTRICT VIJAYAPURA-586101. …RESPONDENTS THIS MFA IS FILED U/S 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. 1396/2019 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 08. 02. 2023 IN L. A. C NO.
1396/2019 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA. - 3 - MFA No. 200985 of 2024 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 08. 02. 2023 in LAC No. 1396/2019. However, the appeal is filed after a delay of 120 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. 1 V. R. Kalliyanikutty , the appeal is dismissed as time- 1 AIR 1999 SC 1305 - 4 - MFA No. 200985 of 2024 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 NBM List No. : 3 Sl No. : 356
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