THE SPECIAL LAND ACQUISITION OFFICER v. MALLESHAPPA
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 v. MALLESHAPPA. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 201865 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. 201865 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI, TQ. B. BAGEWADI DIST. VIJAYAPURA. 2. THE DEPUTY COMMISSIONER VIJAYAPURA. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUDA MALIPATIL, HCGP) AND: 1. MALLESHAPPA S/O CHANDAPPA NILUGALL Digitally signed by AGE 71 YEARS, OCCUPATION AGRICULTURE NAGARAJA B M R/O MUTTAGI, TQ. B. BAGEWADI Location: HIGH COURT OF DIST. VIJAYAPURA. KARNATKA …RESPONDENT (BY SRI. S. S. MAMADAPUR, ADVOCATE FOR C/RESPONDENT) 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. 1691/2021 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 07. 08.
2023 PASSED BY THE LEARNED I ADDITIONAL SESSIONS JUDGE AND THE LAND ACQUISITION - 2 - MFA No. 201865 of 2024 REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA IN LAC NO. 1691/2021. 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 07. 08. 2023 in LAC No. 1691/2021. However, the appeal is filed after a delay of 129 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- 1 AIR 1999 SC 1305 - 3 - MFA No. 201865 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 NBM List No. : 3 Sl No. : 101
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.