SHANTAYYA v. THE SPECIAL LAND ACQUISITION OFFICER AND ORS
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-05. SHANTAYYA v. THE SPECIAL LAND ACQUISITION OFFICER AND ORS. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - MFA No. 203164 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH TH DATED THIS THE 5 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 203164 OF 2024 (LAC- Chimmalagi Lift Irrigation) BETWEEN: SHANTAYYA S/O GIRIMALLAYYA MATH, AGE. 69 YEARS, OCC: AGRICULTURE, R/O KAWADIMATTI, TQ. MUDDEBIHAL, DIST. VIJAYAPURA. …APPELLANT (BY SRI. HARSHAVARDHAN R MALIPATIL,ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER UKP ALMATTI, TQ. B. BAGEWADI, DIST. VIJAYAPURA. 2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT, SECRETARY FOR LAND ACQUISITION DIVISION, GOVT. OF KARNATAKA, NAVANAGAR, BAGALKOT. 3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT, LAND ACQUISITION DIVISION, - 2 - MFA No. 203164 of 2024 NAVANAGAR, BAGALKOT. 4. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT, LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT. …RESPONDENTS THIS MFA IS FILED U/S.
74(1) OF RIGHT TO FAIR COMPENSATION TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO ALLOW THIS APPEAL WITH COSTS AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE III ADDL. DISTRICT JUDGE AND THE LAND ACQUISITION, REHABILIATION AND SETTLEMENT AUTHORITY, VIJAYAPURA DATED 13. 10. 2023 PASSED IN LAC NO. 589 /2019 AND FIX THE MARKET VALUE FOR LAND ACQUIRED AT THE RATE OF RS. 1000/- PER SQ MTR, AND AWARD ALL STATUTORY BENEFITS INCLUDING INTEREST 15% PER ANNUM AS PER SECTION 80 OF 2013 ACT, AND ETC. , THIS MFA APPEAL IS COMING ON FOR ORDERS , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - MFA No. 203164 of 2024 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 dated 13. 10. 2023 in LAC No. 589/2019.
However, the appeal is filed after a delay of 120 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 In Union of 1 India vs. Popular Construction Co. and State of 2 Kerala vs. V. R. Kalliyanikutty , the appeal is dismissed as time-barred, without addressing the merits. Parties shall bear their respective costs. 1 2001 (8) SCC 470 2 1999 (3) SCC 657 - 4 - MFA No. 203164 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 NJ List No. : 3 Sl No. : 50
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.