THE SPECIAL LAND ACQUISITION OFFICER v. SANGAYYA ALIAS ANNAYYA
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 v. SANGAYYA ALIAS ANNAYYA. Read the judgment and case details on...
Judgment text
- 1 - MFA No. 202969 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. 202969 OF 2023 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI, TQ. B. BAGEWADI DISTRICT VIJAYAPURA-586101 2. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT LAND ACQUISITION DIVISION NAVANAGAR, BAGALKOT-587101 …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUDA MALIPATIL, HCGP) AND: Digitally signed 1. SANGAYYA ALIAS ANNAYYA by CHAITHRA A S/O BASAVARAJAYYA KODAKELLAMATH Location: HIGH AGE MAJOR, OCC. AGRICULTURE COURT OF KARNATKA R/O HOKRANI, TQ. MUDDEBIHAL DIST. VIJAYAPURA-586101. …RESPONDENT (BY SRI. SANGANABASAVA B. PATIL, ADVOCATE) 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 LAC NO.
745/2019 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION REHABILITATION AND RESETTLEMENT - 2 - MFA No. 202969 of 2023 AUTHORITY, VIJAYAPURA, DATED 16. 09. 2022, ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGEMENT AND AWARD DATED 16. 09. 2022 IN LAC NO. 745/2019 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY 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 16. 09. 2022 passed in LAC No. 745/2019.
However, the appeal is filed after a delay of 132 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 - 3 - MFA No. 202969 of 2023 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 ALB List No. : 3 Sl No. : 46
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.