THE CHIEF ENGINEER AND ANR v. TARABAI AND ORS
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-12. THE CHIEF ENGINEER AND ANR v. TARABAI AND ORS. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 203359 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH TH DATED THIS THE 12 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 203359 OF 2024 (LAC) BETWEEN: 1. THE CHIEF ENGINEER KNNL, IPZ, KALABURAGI - 585301 2. THE EXECUTIVE ENGINEER BHIMA LIFT IRRIGATION PROJECT AFZALAPUR - 585301 …APPELLANTS (BY SRI. SUDARSHAN . M, ADVOCATE) AND: 1. TARABAI W/O KALYANSING AGE 51 YEARS, OCC. AGRICULTURE Digitally signed by R/O GOUR(B), TQ. AFZALPUR - 585301 NAGARAJA B M DIST. KALABURAGI Location: HIGH COURT OF KARNATAKA 2. THE SPECIAL LAND ACQUISITION OFFICER KNNL, BNT PROJECT, KALABURAGI - 585102 3. THE DEPUTY COMMISSIONER KALABURAGI - 585102 …RESPONDENTS THIS MFA IS FILED U/S 72(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 03. 04. 2024 PASSED IN LAC NO. 79/2023 - 2 - MFA No.
203359 of 2024 BY THE I ADDL. DIST. JUDGE AND ADDL. LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, BIDAR, 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 03. 04. 2024 passed in LAC No. 79/2023. However, the appeal is filed after a delay of 126 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, the appeal is dismissed as time- - 3 - MFA No. 203359 of 2024 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. : 43
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.