THE SPECIAL LAND ACQUISITION OFFICER AND ORS v. PARASURAM
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 ORS v. PARASURAM. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 202798 of 2024 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. 202798 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI, TQ B. BAGEWADI DIST- VIJAYAPUR 2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION GOVERNMENT OF KARNATAKA NAVANAGAR, BAGALKOT-587101. 3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION NAVANAGAR, BAGALKOT. Digitally signed by 4. THE SPECIAL DEPUTY COMMISSIONER NAGARAJA B M REHABILITATION AND RESETTLEMENT Location: HIGH COURT OF SECRETARY FOR LAND ACQUISITION DIVISION KARNATKA NAVANAGAR, BAGALKOT. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUDA MALIPATIL, HCGP) AND: 1. PARASURAM S/O GANGAPPA CHALAVADI R/O AREMURAL, TQ MUDDEBIHAL DIST-VIJAYAPURA - 2 - MFA No. 202798 of 2024 2.
THE EXECUTIVE ENGINEER KBJNL, ALBC DIVISION CHIMMALAGI LIFT IRRIGATION PROJECT ALMATTI, TQ BASAVANA BAGEWADI. …RESPONDENTS 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. 2020/2019 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 16. 06. 2023 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDL. LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA. 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. 06. 2023 in LAC No. 2020/2019.
However, the appeal is filed after a delay of 188 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 - 3 - MFA No. 202798 of 2024 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 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. : 158
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.