THE SPECIAL LAND ACQUISITON OFFICER AND ORS v. PANDGRU S/O BHIMA PANDRE (SINCE DECEASED BY HIS L.RS). 1A.SADU
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-18. THE SPECIAL LAND ACQUISITON OFFICER AND ORS v. PANDGRU S/O BHIMA PANDRE (SINCE DECEASED BY HIS L.RS)....
Judgment text
- 1 - MFA No. 203847 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. 203847 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITON OFFICER, UKP, ALMATTI, TQ: B. BAGEWADI, DIST: VIJAYAPUR 2. THE SPECIAL DEPUTY COMMISSIONER, KBJNL, NAVANAGAR, BAGALKOT 3. THE COMMISSIONER, KBJNL, NAVANAGAR, BAGALKOT …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG ALONG WITH SRI VEERANAGOUDA MALIPATIL, HCGP) AND: PANDGRU S/O BHIMA PANDRE (SINCE DECEASED BY HIS L. RS) 1A. SADU S/O PANGRU PANDRE AGE: 47 YEARS, OCC: AGRICULTURE, 1B. MAHADEV S/O PANGRU PANDRE, AGE: 45 YEARS, OCC: AGRICULTURE 1C. BAGABAI D/O PANGRU PANDRE, AGE: 41 YEARS, OCC: HH WORK 1D. DURGABAI W/O PANGRU PANDRE, AGE: 67 YEARS, OCC: HH WORK, ALL ARE R/O: KHILARAHATTI, - 2 - MFA No.
203847 of 2024 TQ: BABLESHWAR, DIST: VIJAYAPUR-586212 …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 IN LAC NO. 1914/2021 PASSED BY THE LEARNED I ADDL. DISTRICT JUDGE AND LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA DT. 25. 01. 2024 B) ALLOW THE ABOVE APPEAL AND AWARD DT. 01. 02. 2024 PASSED BY THE LEARNED I ADDL. DISTRICT JUDGE AND THE 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, challenges the judgment dated 25. 01. 2024 in LAC No. 1914/2021.
However, the appeal is filed after a delay of 203 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 - 3 - MFA No. 203847 of 2024 No. 102543/2022 dated 23. 09. 2024, holds that the 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 Srt List No. : 2 Sl No. : 4 CT-AK 1 2001 (8) SCC 470 2 1999 (3) SCC 657
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