THE CHIEF ENGINEER v. BHAGAPPA S/O SIDDAPPA MADGUND BY HIS LRS ANUSUBAI
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 v. BHAGAPPA S/O SIDDAPPA MADGUND BY HIS LRS ANUSUBAI. Read the judgment and case...
Judgment text
- 1 - MFA No. 201834 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. 201834 OF 2023 (LAC) BETWEEN: 1. THE CHIEF ENGINEER KNNL ZONE, KALABURAGI 2. THE EXECUTIVE ENGINEER BLI DIVISION, AFZALPUR DIST KALABURGI. …APPELLANTS (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) AND: 1. BHAGAPPA S/O SIDDAPPA MADGUND BY HIS LRS Digitally signed ANUSUBAI by CHAITHRA A W/O BHAGAPPA MADGUND Location: HIGH AGE 45 YEARS, OCC. AGRICULTURE COURT OF KARNATKA R/O VILLAGE TELLUR, TQ AFZALPUR DIST KALABURGI-585103. 2. THE DEPUTY COMMISSIONER KALABURAGI-585101 3. THE SPECIAL LAND AQCUISITION OFFICER KNNL, BNT, KALABURAGI-585101 …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R2 AND R3; SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE FOR R1) - 2 - MFA No. 201834 of 2023 THIS MFA IS FILED U/S.
74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO CALL FOR THE RECORDS FROM I ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI, IN LAC NO. 230/2018 AND SET ASIDE THE JUDGMENT AND AWARD IN LAC NO. 230/2018, DATED 05. 02. 2022, ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI, 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 5. 2. 2022 passed in LAC No. 230/2018. However, the appeal is filed after a delay of 322 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- - 3 - MFA No. 201834 of 2023 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 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. : 35
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