SPECIAL LAND ACQUISITION OFFICER v. DANDAPPA S/O SOMAPPA PUJARI
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-17. SPECIAL LAND ACQUISITION OFFICER v. DANDAPPA S/O SOMAPPA PUJARI. Read the judgment and case details on...
Judgment text
- 1 - MFA No. 202085 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. 202085 OF 2024 (LAC) BETWEEN: 1. SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI, TQ: B. BAGEWADI, DISTRICT VIJAYAPURA-586101. 2. THE COMMISSIONER REHABILITATION, RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION, GOVERNMENT OF KARNATAKA, NAVANAGAR, BAGALKOT-587103. 3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT, NAVANAGAR, BAGALKOT-587103. 4. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT, Digitally signed by NAVANAGAR, BAGALKOT-587103 AL BHAGYA Location: HIGH 5. THE EXECUTIVE ENGINEER COURT OF KARNATKA KBJNL, ALBC DIVISION, CHIMMALAGI LIFT IRRIGATION PROJECT ALMATTI, TQ: B. BAGEWADI …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUDA MALIPATIL, HCGP) AND: DANDAPPA S/O SOMAPPA PUJARI - 2 - MFA No.
202085 of 2024 AGE: MAJOR, OCC: AGRICULTURE, R/O JAINAPUR, TQ: MUDDEBIHAL, DIST: VIJAYAPURA-586101 …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. 666/2019 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA, DATED 24. 01. 2023 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 24. 01. 2023 IN L. A. C. NO. 666/2019 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA 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 24. 01. 2023 - 3 - MFA No. 202085 of 2024 passed in LAC No. 666/2019. However, the appeal is filed after a delay of 382 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.
The Court fee paid, if any, shall be refunded in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No. : 3 Sl No. : 111
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.