THE SPECIAL LAND ACQUISITION OFFICER AND ANR v. BABU S/O WALU LAMANI
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 ANR v. BABU S/O WALU LAMANI. Read the judgment and case details...
Judgment text
- 1 - MFA No. 202900 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. 202900 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, INDI RS. , TQ: INDI, DIST: VIJAYAPURA 2. THE GENERAL MANAGER LAND ACQUISITION R AND R UKP, NAVANGAR, BAGALKOT …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SMT. ARATI PATIL, HCGP) AND: BABU S/O WALU LAMANI AGED ABOUT 54 YEARS Digitally signed by AL BHAGYA OCC: AGRICULTURE Location: HIGH R/O DEVOOR, COURT OF TQ: DEVAR-HIPPARAGI, KARNATKA DIST: VIJAYAPURA …RESPONDENT 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 L. A. C. NO. 183/2021 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, AT - 2 - MFA No.
202900 of 2024 VIJAYAPURA, DATED 17. 01. 2023 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 17. 01. 2023 PASSED BY I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, AT VIJAYAPURA, IN L. A. C. NO. 183/2021 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 17. 01. 2023 passed in LAC No. 183/2021. However, the appeal is filed after a delay of 402 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 - 3 - MFA No. 202900 of 2024 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 ALB List No. : 3 Sl No. : 164
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