THE MANAGING DIRECTOR AND ANR v. MAHESH AND ANR
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-18. THE MANAGING DIRECTOR AND ANR v. MAHESH AND ANR. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 203971 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH TH DATED THIS THE 18 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 203971 OF 2024 (LAC) BETWEEN: 1. THE MANAGING DIRECTOR, KNNL, BANGALORE-560001 2. THE EXECUTIVE ENGINEER, KNNL, BIDAR DIVISION NO. 1, BIDAR-585401 …APPELLANTS (BY SRI. SUDARSHAN M, ADVOCATE) AND: 1. MAHESH S/O VITHAL, AGE: 43 YEARS, R/O: YERNALLI-P-585402, TQ: DIST: BIDAR 2. THE STATE OF KARNATAKA, THROUGH THE SPECIAL LAND ACQUISITION, OFFICER, KARANJA PROJECT (K. P), BIDAR-585401 …RESPONDENTS THIS MFA IS FILED U/S 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO, A) CALL FOR THE RECORDS FROM THE COURT BELOW IN LAC NO. 33/2022 ON THE FILE OF THE I ADDL. DISTRICT JUDGE - 2 - MFA No. 203971 of 2024 AND ADDL.
LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, BIDAR B) SET ASIDE THE IMPUGNED JUDGEMENT AND AWARD DATED PASSED IN LAC NO. 33/2022 DATED 08. 01. 2024 BY THE I ADDL. DISTRICT JUDGE AND ADDL. LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, BIDAR. 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 08. 01. 2024 in LAC No. 33/2022. However, the appeal is filed after a delay of 234 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 - 3 - MFA No.
203971 of 2024 limitation period under the Act is mandatory and non-extendable. Relying on precedents, including In Union of 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 List No. : 2 Sl No. : 19 CT-AK 1 2001 (8) SCC 470 2 1999 (3) SCC 657
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