THE SPECIAL LAND ACQUISITION OFFICER AND ANR v. SHIVAMMA AND ORS
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 ACQUISITION OFFICER AND ANR v. SHIVAMMA AND ORS. Read the judgment and case details on...
Judgment text
- 1 - MFA No. 201266 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. 201266 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI, TQ B BAGEWADI DISTRICT VIJAYAPURA. 2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION NAVANAGAR, BAGALKOT. 3. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT LAND ACQUISITION DIVISION NAVANAGAR, BAGALKOT. …APPELLANTS Digitally signed by (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W NAGARAJA B M Location: HIGH SRI. VEERANAGOUDA MALIPATIL, HCGP) COURT OF KARNATKA AND: 1. SHIVAMMA W/O BASAVANTHRAYA GANJYAL 2. ANAND S/O BASAVANTHRAYA GANJYAL BOTH ARE RESIDENCE OF SINDAGERI TQ B. BAGEWADI, DISTRICT VIJAYAPURA. …RESPONDENTS - 2 - MFA No.
201266 of 2024 THIS MFA IS FILED UNDER SECTION 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO CALL FOR THE RECORDS IN L. A. C. NO. 746/2018 PASSED BY THE LEARNED III ADDL. DISTRICT JUDGE AND ADDL. LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR DATED 09. 12. 2022, ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 09. 12. 2022 PASSED BY THE LEARNED III ADDL. DISTRICT JUDGE AND ADDL. LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR, 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 09. 12. 2022 in LAC No. 746/2018. However, the appeal is filed after a delay of 291 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 - 3 - MFA No. 201266 of 2024 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 CA List No. : 2 Sl No. : 43
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