THE SPECIAL LAND ACQUISITION OFFICER AND ORS v. BANUBAI W/O DASTAGIRSAB TONSHYAL SINCE DECEASED BY HER LRS
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. BANUBAI W/O DASTAGIRSAB TONSHYAL SINCE DECEASED BY HER...
Judgment text
- 1 - MFA No. 202738 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. 202738 OF 2024 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER, UKP, ALMATTI, TQ. B. BAGEWADI, DIST. VIJAYAPURA-586101 2. THE COMMISSIONER REHABILITATION, RESETTLEMENT AND LAND ACQUISITION, EX-OFFICIO SECRETARY TO THE GOVERNMENT, REVENUE DEPT. , UKP, NAVANAGAR, BAGALKOT-587101. 3. THE CHIEF SECRETARY STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER, VIJAYAPURA-586101. Digitally signed …APPELLANTS by CHAITHRA A (BY SRI. Y. H. VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUDA Location: HIGH COURT OF MALIPATIL, HCGP) KARNATKA AND: 1. BANUBAI W/O DASTAGIRSAB TONSHYAL SINCE DECEASED BY HER LRS WHO ARE ALREADY ON RECORD AS CLAIMANTS NO. 2 TO 11 2. SALIM S/O DASTAGIRSAB TONSHYAL AGE: 57 YEARS, OCC: AGRI 3. MAHIBOOBSAB S/O DASTAGIRSAB TONSHYAL - 2 - MFA No.
202738 of 2024 AGE: 53, YEARS: OCC AGRI 4. MOHAMMAD URF MOHAMMOD RAFIQ S/O DASTAGIRSAB TONSHYAL AGE: 51 YEARS, OCC: AGRI 5. BASHEERAHMAD S/O DASTAGIRSAB TONSHYAL AGE: 47 YEARS, OCC: AGRI 6. MUBARAK S/O DASTAGIRSAB TONSHYAL AGE: 37 YEARS, OCC: AGRI 7. MALANABI W/O RAHEMANASAB MULLA AGE: 59 YEARS, OCC: H H WORK 8. BISMILLA URF NOORJAN W/O MOULASAB AHERI AGE: 55 YEARS, OCC: HH WORK AND AGRI 9. JUBEDA W/O HASHIMPEER KANOOR AGE: 54 YEARS, OCC: HH WORK 10. SHAMSHYAD W/O RASOOLSAB CHALLIGIDAD AGE: 45 YEARS, OCC: HH WORK AND AGRI. 11. NOUSHAD W/O DASTAGIRSAB TONSHYAL AGE: 43 YEARS, OCC: HH WORK AND AGRI 12. LAXMAN S/O SIDDAPPA UKAMANAL AGE: 64 YEARS, OCC: AGRI 13. PARASAPPA S/O SIDDAPPA UKAMANAL AGE: 60 YEARS, OCC: AGRI 14. GOURAWWA S/O SIDDAPPA UKAMANAL AGE: 90 YEARS, OCC: HH WORK AND AGRI ALL ARE R/O MADHABAVI, TQ. AND DIST. VIJAYAPURA-586101.
…RESPONDENTS THIS MFA IS FILED UNDER SECTION 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 PRAYING TO CALL FOR THE RECORDS IN - 3 - MFA No. 202738 of 2024 L. A. C. NO. 157/2019 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITTION AND RESETTLEMENT AUTHORITY, VIJAYAPUR, DATED 19. 01. 2024 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 19. 01. 2024 PASSED BY THE III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITTION AND RESETTLEMENT AUTHORITY, VIJAYAPURA L. A. C. NO. 157/2019.
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 19. 01. 2024 in LAC No. 157/2019. However, the appeal is filed after a delay of 75 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- - 4 - MFA No. 202738 of 2024 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 CA List No. : 3 Sl No. : 151
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