THE SPECIAL LAND ACQUISITION OFFICER UKP v. SANGAPPA AND ANR
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 UKP v. SANGAPPA AND ANR. Read the judgment and case details on...
Judgment text
- 1 - MFA No. 202566 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. 202566 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER, UKP ALMATTI, TQ. B. BAGEWADI 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 NAGARAJA B M 4. THE SPECIAL DEPUTY COMMISSIONER Location: HIGH REHABILITATION AND RESETTLEMENT COURT OF KARNATKA SECRETARY FOR LAND ACQUISITION DIVISION GOVT OF KARNATAKA NAVANAGAR BAGALKOT 5. THE EXECUTIVE ENGINEER MULAWAD LIFT IRRIGATION MATTIHAL DIVISION GOVT OF KARNATAKA - 2 - MFA No. 202566 of 2024 NAVANAGAR BAGALKOT …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI.
VEERANAGOUDA MALIPATIL, HCGP) AND: 1. SANGAPPA S/O DUSANGAPPA KARIGAR AGE MAJOR RESIDENT OF CHIKKAGARASANGI TQ. B. BAGEWADI, DIST VIJAYAPURA 2. IRAPPA S/O DUSANGAPPA KARIGAR AGE MAJOR RESIDENT OF CHIKKAGARASANGI TQ. B. BAGEWADI, DIST VIJAYAPURA …RESPONDENTS 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. 1684/2019 PASSED BY THE LEARNED I ADDL. DISTRICT JUDGE AND ADDL. LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR DATED 06. 01. 2022, ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 06. 01. 2022 I L. A. C. NO. 1684/2019 PASSED BY THE LEARNED I 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 - 3 - MFA No. 202566 of 2024 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 06. 01. 2023 in LAC No. 1684/2019. However, the appeal is filed after a delay of 461 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. - 4 - MFA No. 202566 of 2024 The Court fee paid, if any, shall be refunded in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No. : 3 Sl No. : 125
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