THE SPECIAL LAND ACQUISITION OFFICER v. NAZEER
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. NAZEER. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 201604 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. 201604 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP, BHIMARAYANAGUDI TQ SHAHAPUR, DISTRICT YADGIRI-585223. 2. THE DEPUTY COMMISSIONER KALABURAGI DISTRICT KALABURAGI-585101. …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUDA MALIPATIL, HCGP) AND: 1. NAZEER Digitally signed by S/O MAHIBOOB SAB AL BHAGYA AGE 40 YEARS, OCCUPATION AGRICULTURE Location: HIGH COURT OF RESIDENCE OF HULANDGERA, TQ CHITTAPUR KARNATAKA DISTRICT KALABURAGI-585211. 2. KRISHNA BHAGYA JALA NIGAM LIMITED REPRESENTED BY ITS MANAGING DIRECTOR K R CIRCLE, BENGALURU. -560001. …RESPONDENTS THIS MFA IS FILED U/S. 74(1) OF RIGHT TO FAIR COMPENSATION TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO, CALL FOR THE RECORDS IN LAC NO.
11/2021 PASSED BY THE LEARNED I ADDITIONAL DISTRICT JUDGE KALABURAGI AND - 2 - MFA No. 201604 of 2024 THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, KALABURAGI, DATED 06-04-2023, ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 06-04-2023 PASSED BY THE I ADDITIONAL DISTRICT JUDGE, KALABURAGI AND THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, KALABURAGI, IN LAC NO. 11/2021, 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 06. 04. 2023 in LAC No. 11/2021.
However, the appeal is filed after a delay of 219 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. 201604 of 2024 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. : 3 Sl No. : 65
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.