AYYAPPA v. THE SPECIAL LAND AND ORS
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-04. AYYAPPA v. THE SPECIAL LAND AND ORS. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 203227 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH TH DATED THIS THE 4 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 203227 OF 2023 (LAC) BETWEEN: AYYAPPA S/O PARAPA KODAMNALLI, AGE: YEARS, OCC: AGRICULTURE, R/O: NERADAGI, TQ: JEWARGI, DIST: KALABURAGI-585310 …APPELLANT (BY SRI. SHIVALING. N. PADSHETTY, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, UKP, KBJNL, BHIMARAYANGUDI, TQ: SHAHAPUR, DIST: YADGIRI 585227 2. THE DEPUTY COMMISSIONER STATION ROAD, KALABURAGI-585102 3. KRISHNA BHAGYA JALA NIGHAM LIMITED BY ITS MANAGING DIRECTOR, NRUPATUNGA ROAD, BENGALURU-560002 …RESPONDENTS THIS MFA IS FILED U/S 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, AND REHABILITATION AND RESETTLEMENT ACT, 2013 PRAYING TO, ALLOW THE APPEAL AND MODIFY THE - 2 - MFA No. 203227 of 2023 JUDGMENT AND AWARD PASSED BY THE I ADDL. DIST. JUDGE, KALABURAGI IN LAC NO.
224/2019 AND FIX THE MARKET VALUE FOR LAND ACQUIRED AT THE RATE OF RS. 6,45,120/- PER ACRE AND AWARD ALL STATUTORY BENEFITS. 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 dated 18. 01. 2023 in LAC No. 224/2019. However, the appeal is filed after a delay of 100 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 In Union of - 3 - MFA No. 203227 of 2023 1 India vs. Popular Construction Co.
and State of 2 Kerala vs. 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 Srt List No. : 3 Sl No. : 97 CT-SW 1 2001 (8) SCC 470 2 1999 (3) SCC 657
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