THE SPECIAL LAND ACQUISITION OFFICER AND ORS v. DAYANAND 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 AND ORS v. DAYANAND AND ANR. Read the judgment and case details on...
Judgment text
- 1 - MFA No. 203184 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. 203184 OF 2023 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER, UKP, ALMATTI, TQ: BASAVANA BAGEWADI, DIST: VIJAYAPURA 2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT, SECRETARY FOR LAND ACQUISITION DIVISION, GOVERNMENT OF KARNATAKA, NAVANAGAR, BAGALKOT 3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT, LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT Digitally signed …APPELLANTS by CHAITHRA A (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VIRANAGOUDA Location: HIGH COURT OF BIRADAR, AGA) KARNATKA AND: 1. DAYANAND S/O BASAPPA BADIGER, AGE: MINOR, R/BY HIS GUARDIAN NATURAL MOTHER MINAKSHI W/O BASAPPA BADAGER AGE: MAJOR, OCC: HOUSEHOLD, R/O MASABINALL, TQ: B. BAGEWADI, DIST: VIJAYAPURA - 2 - MFA No. 203184 of 2023 2. THE EXECUTIVE ENGINEER K. B. J. N.
L, ALBC DIVISION CHIMMALAGI LIFT IRRIGATION PROJECT, ALMATTI, TQ: B. BAGEWADI, DIST: VIJAYAPURA …RESPONDENTS THIS MFA IS FILED UNDER SECTION 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 PRAYING TO CALL FOR THE RECORDS IN LAC NO. 891/2019 PASSED BY THE III ADDITIONAL DISTRICT JUDGE & THE ADDITIONAL LAND ACQUISITION, REHABILITATIONI AND RESETTLEMENT AUTHORITY AT VIJAYAPURA, DATED 05. 11. 2022 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 05. 11. 2022 PASSED BY III ADDITIONAL DISTRICT JUDGE & THE ADDITIONAL LAND ACQUISITION, REHABILITATIONI AND RESETTLEMENT AUTHORITY AT VIJAYAPURA, IN LAC NO. 891/2019, 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 05. 11. 2022 in - 3 - MFA No. 203184 of 2023 LAC No. 891/2019. However, the appeal is filed after a delay of 200 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. : 374
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