THE CHIEF ENGINEER AND ANR v. BHAGAPPA S/O MALKAPPA SINCE DECEASED BY HIS LRS GANGAMMA @ GANGABAI
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-17. THE CHIEF ENGINEER AND ANR v. BHAGAPPA S/O MALKAPPA SINCE DECEASED BY HIS LRS GANGAMMA @ GANGABAI. Read...
Judgment text
- 1 - MFA No. 202396 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. 202396 OF 2023 (LAC) BETWEEN: 1. THE CHIEF ENGINEER KNNL, AWAN-E-SHAHI ROAD KALABURAGI. 2. THE EXECUTIVE ENGINEER KNNL, BLI DIVISION AFZALPUR, DIST: KALABURAGI. …APPELLANTS (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) AND: BHAGAPPA S/O MALKAPPA Digitally signed SINCE DECEASED BY HIS LRS by CHAITHRA A Location: HIGH 1. GANGAMMA @ GANGABAI COURT OF KARNATKA W/O SHARANGOUDA AGE MAJOR, OCC. AGRICULTURE 2. MALKAPPAGOUDA PATIL S/O SHARANGOUDA PATIL AGE MAJOR, OCC. AGRICULTURE 3. BASAWARAJ S/O SHARANGOUDA AGE MAJOR, OCC. AGRICULTURE - 2 - MFA No. 202396 of 2023 4. SHANKARGOUDA S/O BHOGAPPAGOUDA AGE MAJOR, OCC. AGRICULTURE 5. NIRMALA W/O SHANKARGOUDA AGE MAJOR, OCC. AGRICULTURE 6. PRASHANT PASODI S/O SHANKARGOUDA PASODI AGE MAJOR, OCC. AGRICULTURE 7.
NISHANT S/O SHANKARGOUDA AGE MAJOR, OCC: AGRICULTURE ALL ARE R/O VILLAGE AWARAD TQ. AFZALPUR, DIST KALABURAGI-585101. 8. THE DEPUTY COMMISSIONER KALABURAGI-585101. 9. THE SPECIAL LAND ACQUISITION OFFICER KNNL BNT, KALABURAGI-585101. …RESPONDENTS (BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE FOR R1 TO R7; SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R8 AND R9) 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 CALL FOR THE RECORDS FROM THE I ADDL DISTRICT AND SESSIONS JUDGE, KALABURAG N LAC NO. 78/2018 AND SET ASIDE THE JUDGEMENT AND AWARD IN LAC NO. 78/2018 DATED 02. 03. 2022 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - MFA No. 202396 of 2023 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 02. 03. 2022 passed in LAC No. 78/2018. However, the appeal is filed after a delay of 355 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. - 4 - MFA No. 202396 of 2023 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. : 39
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