THE SPECIAL LAND ACQUISITION OFFICER v. SAHEB PATEL
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 v. SAHEB PATEL. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 201489 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. 201489 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, BHIMARAYANAGUDI TQ. SHAHAPUR DISTRICT YADGIRI-589210. 2. THE DEPUTY COMMISSIONER KALABURAGI DISTRICT KALABURAGI-585101. 3. KRISHNA BHAGYA JALA NIGAM LIMITED REPRESENTED Y ITS MANAGING DIRECTOR NRUPATUNGA ROAD BENGALURU-560001. …APPELLANTS Digitally signed by (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W NAGARAJA B M SRI. VEERANAGOUDA MALIPATIL, HCGP) Location: HIGH COURT OF KARNATAKA AND: 1. SAHEB PATEL S/O MAHIBOOB PATEL AGE 58 YEARS OCCUPATION AGRICULTURE RESIDENCE OF HULANDGERA, TQ CHITTAPUR DISTRICT KALABURAGI-586101. 2. FATRU PATEL S/O MAHIBOOB PATEL - 2 - MFA No. 201489 of 2024 AGE 43 YEARS OCCUPATION AGRICULTURE RESIDENCE OF HULANDGERA TQ CHITTAPUR DISTRICT KALABURAGI-586101. …RESPONDENTS THIS MFA IS FILED U/S.
74(1) OF RIGHT TO FAIR COMPENSATION TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO CALL FOR THE RECORDS IN LAC NO. 12/2021 PASSED BY THE LEARNED I ADDITIONAL DISTRICT JUDGE AND THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, KALABURAGI, DATED 06-04-2023, ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 06-04-2023 IN LAC NO. 12/2021 PASSED BY THE LEARNED I ADDITIONAL DISTRICT JUDGE AND THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, KALABURAGI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. 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 06. 04.
2023 in LAC No. 12/2021. However, the appeal is filed after a delay - 3 - MFA No. 201489 of 2024 of 219 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-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. : 64 1 AIR 1999 SC 1305
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.