THE CHIEF ENGINEER v. CHANDAPPA S/O HANAMANTH
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-09. THE CHIEF ENGINEER v. CHANDAPPA S/O HANAMANTH. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 201705 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH TH DATED THIS THE 9 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 201705 OF 2023 (LAC) BETWEEN: 1. THE CHIEF ENGINEER KNNL ZONE, KALABURGI 2. THE EXECUTIVE ENGINNER KNNL, BLI DIVISION AFZALPUR, DIST KLABURGI …APPELLANTS (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) AND: CHANDAPPA S/O HANAMANTH SINCE DECEASED BY HIS LRS 1. MAPAVVA W/O CHANDAPPA AGE 64 YEARS, OCC AGRICULTURE R/O VILLAGE AURAD, TQ AFZALPUR DIST. KALABURAGI-585101. 2. THE DEPUTY COMMISSIONER KALABURGI-585101. 3. THE SPECIAL LAND ACQUISITION OFFICER KNNL, BNT, KALABURGI-585101 …RESPONDENTS (BY SMT. ARATI PATIL, HCGP FOR R2 AND R3) - 2 - MFA No. 201705 of 2023 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 FROM THE I ADDL. DISTRICT AND SESSION JUDGE, KALABURAGI. IN LAC NO.
45/2018, SET ASIDE THE JUDGEMENT AND AWARD IN LAC NO. 45/2018 DATED 11. 03. 2022 ON THE FILE OF THE I ADDL DISTRICT AND SESSIONS JUDGE, KALABURAG, 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 11. 03. 2022 in LAC No. 45/2018. However, the appeal is filed after a delay of 309 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- - 3 - MFA No. 201705 of 2023 extendable.
Relying on precedents, including Union of India vs. Popular Construction Co. and State of Kerala vs. V. R. Kalliyanikutty reported in 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 NBM List No. : 3 Sl No. : 27
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