THE SPECIAL LAND ACQUISITION OFFICER AND ANR v. MAHADEVAPPA S/O SADASHIVAPPA ATHARGA
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. MAHADEVAPPA S/O SADASHIVAPPA ATHARGA. Read the judgment...
Judgment text
- 1 - MFA No. 203600 of 2023 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. 203600 OF 2023 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER, UKP, INDI, DIST: VIJAYAPUR 2. THE GENERAL MANAGER PROHIBITION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VIRANAGOUDA BIRADAR, AGA) AND: MAHADEVAPPA S/O SADASHIVAPPA ATHARGA AGE: 66 YEARS, OCC: AGRICULTURE Digitally signed by R/O SHIRAKNALLI VILLAGE, NAGARAJA B M Location: HIGH TQ: INDI, DIST: VIJAYAPURA COURT OF KARNATKA …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.
783/2018 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR DATED 08. 09. 2022 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 08. 09. 2022 - 2 - MFA No. 203600 of 2023 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR 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 08. 09. 2022 in LAC No. 783/2018.
However, the appeal is filed after a delay of 286 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. - 3 - MFA No. 203600 of 2023 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 CA List No. : 3 Sl No. : 382
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