THE SPECIAL LAND ACQUISITION OFFICER AND ANR v. SOMASHEKHAR
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-17. THE SPECIAL LAND ACQUISITION OFFICER AND ANR v. SOMASHEKHAR. Read the judgment and case details on...
Judgment text
- 1 - MFA No. 203845 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. 203845 OF 2023 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP RAILWAY STATION, INDI DISTRICT VIJAYAPURA-586101. 2. THE GENERAL MANAGER (LAQ) UKP, NAVANAGAR, BAGALKOT-587101. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VIRANAGOUDA BIRADAR, AGA) AND: 1. SOMASHEKHAR S/O SHARANAPPA GORANAL Digitally signed by AGE. MAJOR, OCCUPATION AGRICULTURE AL BHAGYA RESIDENCE OF BENAKANAHALLI Location: HIGH COURT OF TALUKA INDI, DISTRICT VIJAYAPURA-586101. KARNATAKA …RESPONDENT 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 IN L. A. C. NO.
836/2018 PASSED BY THE III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA, DATED 05. 01. 2023 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 05. 01. 2023 IN L. A. C. NO. 836/2018 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND - 2 - MFA No. 203845 of 2023 ADDITIONAL LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA AND ETC. 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 05. 01. 2023 in LAC No. 836/2018.
However, the appeal is filed after a delay of 119 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 - 3 - MFA No. 203845 of 2023 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. : 3 Sl No. : 331
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