THE SPECIAL LAND ACQUISITION OFFICER AND ORS v. HANAMAPPA S/O BALAPPA MASKI
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. HANAMAPPA S/O BALAPPA MASKI. Read the judgment and case...
Judgment text
- 1 - MFA No. 202949 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. 202949 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. 3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT, NAVANAGAR, BAGALKOT. 4. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT, Digitally signed NAVANAGAR, BAGALKOT. by AL BHAGYA 5. THE EXECUTIVE ENGINEER Location: HIGH COURT OF KBJNL, ALBC DIVISION, KARNATKA CHIMMALAGI LIFT IRRIGATION PROJECT, ALMATTI, TQ: B. BAGEWADI …APPELLANTS (BY SRI. Y. H. VIJAYAKUMAR, AAG ALONGWITH SMT. ARATI PATIL, HCGP) - 2 - MFA No. 202949 of 2024 AND: 1.
HANAMAPPA S/O BALAPPA MASKI DEAD BY HIS LRS 1A BASAMMA W/O HANAMANTRAYA MASKI @ BHOVI AGE: 62 YEARS, OCC: HOUSEHOLD WORK R/O AREMURAL, TQ: MUDDEBIHAL, DISTRICT VIJAYAPURA 1B YANKAPPA S/O HANAMANTRAYA MASKI @ BHOVI AGE: 38 YEARS, OCC: AGRICULTURE R/O AREMURAL, TQ: MUDDEBIHAL, DISTRICT VIJAYAPURA 1C NAGAPPA S/O HANAMANTRAYA MASKI @ BHOVI AGE: 35 YEARS OCC: AGRICULTURE R/O AREMURAL, TQ: MUDDEBIHAL, DISTRICT VIJAYAPURA 1D SANTOSH S/O HANAMANTRAYA MASKI @ BHOVI AGE: 35 YEARS, OCC: AGRICULTURE, R/O AREMURAL, TQ: MUDDEBIHAL, DISTRICT VIJAYAPURA …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 L. A. C. NO. 390/2019 PASSED BY THE III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR, DATED 02. 03. 2023 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 02. 03.
2023 PASSED BY III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYPUR, IN L. A. C. NO. 390/2019, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - MFA No. 202949 of 2024 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 2. 3. 2023 passed in LAC No. 390/2019. However, the appeal is filed after a delay of 365 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. V. R. Kalliyanikutty [AIR 1999 SC 1305], the appeal is dismissed as time-barred, without addressing the merits. Parties shall bear their respective costs. - 4 - MFA No. 202949 of 2024 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. : 173
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