KANTAPPA AND ORS v. THE DEPUTY COMMISSIONER AND ORS

Court: High Court of Karnataka

Bench: SACHIN SHANKAR MAGADUM

Judgment date: 2024-12-17

Case summary

High Court of Karnataka judgment dated 2024-12-17. KANTAPPA AND ORS v. THE DEPUTY COMMISSIONER AND ORS. Read the judgment and case details on LawSphereX.

Judgment text

- 1 - MFA No. 201200 of 2023 C/W MFA No. 201097 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. 201200 OF 2023 (LAC) C/W MISCL. FIRST APPEAL NO. 201097 OF 2023 (LAC) IN MFA NO. 201200/2023 BETWEEN: 1. KANTAPPA S/O SHARANAPPA AGE. 52 YEARS, OCC. AGRICULTURE 2. NIJAGUNAMMA W/O GURUPADAYYA AGE. 66 YEARS, OCC. AGRICULTURE 3. LAXMIBAI W/O VAIJANATH AGE. 54 YEARS, OCC. AGRICULTURE Digitally signed ALL ARE R/O TOTNALLI VILLAGE by CHAITHRA A TQ. SEDAM, DIST. KALBURGI. Location: HIGH …APPELLANTS COURT OF KARNATKA (BY SRI. SAKRY . K. S, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KALBURGI-585102 2. THE CHIEF ENGINEER KNNL, ZONE, KALBURGI-585102 - 2 - MFA No. 201200 of 2023 C/W MFA No. 201097 of 2023 3. THE EXECUTIVE ENGINEER BNT DIVISION HEBBAL, TQ. CHITTAPUR 4. THE SPECIAL LAND ACQUISITION OFFICER KNNL, BNT, KALBURGI-585102. …RESPONDENTS (BY SRI.

VEERANAGOUDA MALIPATIL, HCGP FOR R1 AND R4; SRI. SUDARSHAN . M, ADVOCATE FOR R2 AND R3) THIS MFA IS FILED U/S. 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO ALLOW THE MISC FIRST APPEAL, INTERFERE WITH THE JUDGMENT AND AWARD DATED 31. 1. 2022 PASSED BY THE I ADDL. DISTRICT JUDGE, AT KALBURGI, IN LAC NO. 262/2019, BY MODIFIED BY ENHANCING MARKET VALUE AT RS, 1,08,200/- PER ACRE OF LAND WITH STATUTORY BENEFITS AND ETC. IN MFA NO. 201097/2023 BETWEEN: 1. MAHALINGAPPA S/O RAMANNA AGE 82 YEARS, OCC. AGRICULTURE R/O MEENHABAL VILLAGE TQ. SEDAM, DIST. KALBURGI. …APPELLANT (BY SRI. SAKRY . K. S, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KALBURGI-585102 2. THE CHIEF ENGINEER KNNL, ZONE, KALBURGI-585102 - 3 - MFA No. 201200 of 2023 C/W MFA No. 201097 of 2023 3. THE EXECUTIVE ENGINEER BNT DIVISION HEBBAL, TQ. CHITTAPUR 4. THE SPECIAL LAND ACQUISITION OFFICER KNNL, BNT, KALBURGI-585102. …RESPONDENTS (BY SRI.

VEERANAGOUDA MALIPATIL, HCGP FOR R1 AND R4; SRI. SUDARSHAN . M, ADVOCATE FOR R2 AND R3) THIS MFA IS FILED U/S. 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO ALLOW THE MISC. FIRST APPEAL, INTERFERE WITH THE JUDGMENT AND AWARD DATED 31. 1. 2022 PASSED BY THE I ADDL. DISTRICT JUDGE, AT KALBURGI, IN LAC NO. 114/2019, BY MODIFIED BY ENHANCING MARKET VALUE AT RS, 1,08,200/- PER ACRE OF LAND WITH STATUTORY BENEFITS AND ETC. THESE APPEALS, 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 appeals, 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 31. 1. 2022 passed in LAC Nos. 262/2019 and 114/2019.

However, the appeals are filed after a delay of 301 and 305 days - 4 - MFA No. 201200 of 2023 C/W MFA No. 201097 of 2023 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 appeals are dismissed as time-barred, without addressing the merits. Parties shall bear their respective costs. In view of disposal of main appeals, 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. : 8

Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.