THE SPECIAL LAND ACQUISITION OFFICER AND ANR v. GANGAMMA AND ORS
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. GANGAMMA AND ORS. Read the judgment and case details on...
Judgment text
- 1 - MFA No. 201881 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. 201881 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, KBJNL, BHIMARAYANAGUDI TQ- SHAHAPUR, DIST-YADGIRI. 2. THE DEPUTY COMMISSIONER KALABURAGI. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUDA MALIPATIL, HCGP) AND: 1. GANGAMMA W/O SANMUKHAYYA DECEASED SINCE BY HER LRS Digitally signed by NAGARAJA B M 1(A) KALLAYYA Location: HIGH D/O LATE SHANMUKHAYYA COURT OF KARNATKA AGE 55 YEARS, OCC. AGRICULTURE 1(B) BASAMMA D/O LATE SHANMUKHAYYA AGE 53 YEARS, OCC. HOUSEHOLD 1(C) LALITA D/O LATE SHANMUKHAYYA AGE 50 YEARS, OCC. HOUSEHOLD 1(D) KASTURI D/O LATE SHANMUKHAYYA - 2 - MFA No. 201881 of 2024 AGE 45 YEARS OCC. HOUSEHOLD 1(E) SANGAYYA SWAMY S/O LATE SHANMUKHAYYA AGE 42 YEARS, OCC. AGRICULTURE 1(F) NAGARATNA D/O LATE SHANMUKHAYYA AGE 38 YEARS, OCC.
HOUSEHOLD ALL R/O SATHKHED TQ. YADRAMI, DIST. KALABURAGI 2. THE MANAGING DIRECTOR KRISHAN BHAGYA JALA NIGAM LIMITED NRUPATUNGA ROAD, BENGALURU. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 74(1) OF 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. 19/2021, ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 19. 04. 2023 PASSED BY THE LEARNED I ADDITIONAL DISTRICT JUDGE, KALABURAGI, 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 - 3 - MFA No. 201881 of 2024 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 19. 04. 2023 in LAC No.
19/2021. However, the appeal is filed after a delay of 279 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. - 4 - MFA No. 201881 of 2024 The Court fee paid, if any, shall be refunded in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No. : 3 Sl No. : 103
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