THE SPECIAL LAND ACQUISITION OFFICER AND ORS v. MAHANTAGOUDA 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 ORS v. MAHANTAGOUDA AND ORS. Read the judgment and case details...
Judgment text
- 1 - MFA No. 202714 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. 202714 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP ALMATTI, TALUKA B. BAGEWADI DISTRICT VIJAYAPURA-586101. 2. THE COMMISSIONER REHABILITAITON AND RESETTLEMENT AND SECRETARY FOR LAND ACQUISITION DIVISION GOVT. OF KARNATAKA, NAVANAGAR BAGALKOT-587103. 3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION NAVANAGAR, BAGALKOT-587103. Digitally signed by 4. THE SPECIAL DEPUTY COMMISSIONER NAGARAJA B M REHABILITATION AND RESETTLEMENT Location: HIGH COURT OF SECRETARY FOR LAND ACQUISITION DIVISION KARNATKA NAVANAGAR, BAGALKOT-587103. 5. EXECUTIVE ENGINEER KBJNL, ALBC DIVISION CHIMMALAGI LIFT IRRIGATION PROJECT ALMATTI, TALUKA B. BAGEWADI DISTRICT VIJAYAPURA-586101. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI.
VEERANAGOUDA MALIPATIL, HCGP) - 2 - MFA No. 202714 of 2024 AND: 1. MAHANTAGOUDA S/O SHARANAPPA BIRADAR AGE. MAJOR, OCCUPATION AGRICULTURE 2. RAMANAGOUDA S/O SHARANAPPA BIRADAR AGE. MAJOR, OCCUPATION AGRICULTURE 3. BASANAGOUDA S/O SHARANAPPA BIRADAR AGE. MAJOR, OCCUPATION AGRICULTURE 4. SHANTAVVA W/O SHARANAPPA BIRADAR AGE. MAJOR, OCCUPATION AGRICULTURE 5. BASALINGAMMA W/O SHANTAGOUDA BIRADAR SINCE DIED BY HER LRS 5(A) SUMITRA W/O BASANAGOUDA BIRADAR AGE. MAJOR, OCCUPATION AGRICULTURE 5(B) RENUKA W/O TAMMANAGOUDA HALEKORI AGE. MAJOR, OCCUPATION AGRICULTURE 5(C) SHARANAMMA W/O BASANAGOUDA BIRADAR AGE. MAJOR, OCCUPATION AGRICULTURE 5(D) SHARANABASU S/O SHANTAGOUDA BIRADAR AGE. MAJOR, OCCUPATION AGRICULTURE 6. AVVAMMA W/O KANAKARADDI KANAKARADDI AGE. MAJOR, OCCUPATION AGRICULTURE - 3 - MFA No. 202714 of 2024 7. MADIVALAVVA W/O KANAKARADDI KANAKARADDI AGE. MAJOR, OCCUPATION AGRICULTURE 8. PRABHAVATI W/O MALLANAGOUDA AGE. MAJOR, OCCUPATION AGRICULTURE 9.
SHASHIKALA W/O SIDDANAGOUDA BIRADAR AGE. MAJOR, OCCUPATION AGRICULTURE ALL RESIDENCE OF BALAWAT TALUKA MUDDEBIHAL DISTRICT VIJAYAPURA. …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 CALL FOR THE RECORDS IN L. A. C. NO. 263/2019 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 24. 02. 2023 IN L. A. C NO. 263/2019 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA. 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, - 4 - MFA No.
202714 of 2024 challenges the judgment and award dated 24. 02. 2023 in LAC No. 263/2019. However, the appeal is filed after a delay of 342 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. 1 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 NBM List No. : 3 Sl No. : 148 1 AIR 1999 SC 1305
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