THE CHIEF ENGINEER AND ANR v. SHANTABAI W/O MALLAPPA AND ORS
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-17. THE CHIEF ENGINEER AND ANR v. SHANTABAI W/O MALLAPPA AND ORS. Read the judgment and case details on...
Judgment text
- 1 - MFA No. 201265 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. 201265 OF 2023 (LAC) BETWEEN: 1. THE CHIEF ENGINEER KNNL, ZONE, KALABURAGI-585102. 2. THE EXECUTIVE ENGINEER KNNL, BLI DIVISION TQ. AFZALPUR, DIST. KALABURAGI-585 301. …APPELLANTS (BY SRI. SHARANABASAVA C. PASTAPUR, ADVOCATE) AND: 1. SHANTABAI W/O MALLAPPA AGE. 41 YEARS, OCC. AGRICULTURE R/O. ATNOOR VILLAGE, TQ. AFZALPUR Digitally signed by DISTRICT. KALABURAGI. -585 301. AL BHAGYA Location: HIGH COURT OF 2. THE DEPUTY COMMISSIONER KARNATAKA KALABURAGI-585 102. 3. THE SPECIAL LAND ACQUISITION OFFICER KNNL, BNT KALABURAGI-585 102. …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R2 AND R3) THIS MFA IS FILED U/S. 74(1) OF RFCTLARR ACT, PRAYING TO CALL FOR THE RECORDS IN LAC NO.
122/2018 PASSED BY THE HONOURABLE I ADDL DISTRICT AND SESSION JUDGE, KALABURAGI, ALLOW THE APPEAL AND SET ASIDE THE - 2 - MFA No. 201265 of 2023 JUDGMENT AND AWARD DATED 12. 04. 2022 IN LAC NO. 122/2018 PASSED BY THE HONOURABLE I ADDL DISTRICT AND SESSION JUDGE, KALABURAGI 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 12. 04. 2022 in LAC No. 122/2018. However, the appeal is filed after a delay of 206 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. 1 V. R. Kalliyanikutty , the appeal is dismissed as time- 1 AIR 1999 SC 1305 - 3 - MFA No. 201265 of 2023 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. : 16
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