THE SPECIAL LAND ACQUISITION OFFICER v. ISHWARAPPA
Case at a glance
Provisions considered
Key paragraphs
- Para 11. ISHWARAPPA S/O YENKAPPA BAVUR AGE. MAJOR, OCC. AGRICULTURE R/O RAJANAL, TQ. B.BAGEWADI DIST. VIJAYAPURA-586101. …RESPONDENT THIS MFA IS FILED U/S 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO CALL FOR THE RECORDS IN LAC NO.…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 201720 OF 2023 (LAC) BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI, TQ. B.BAGEWADI DIST. VIJAYAPURA-586101.
2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION GOVT. OF KARNATAKA, NAVANAGAR BAGALKOT-587101.
3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT LAND ACQUISITION DIVISION NAVANAGAR, BAGALKOT-587101. Location: HIGH COURT OF KARNATKA
4. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT LAND ACQUISITION DIVISION NAVANAGAR, BAGALKOT-587101.
5. THE EXECUTIVE ENGINEER CHIMMALAGI LIFT IRRIGATION ALBC DIVISION, ALAMATTI TQ.B.BAGEWADI-586203. (BY SRI. Y.H. VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS - 2 - NC: 2024:KHC-K:10225 MFA No. 201720 of 2023 AND:
ISHWARAPPA S/O YENKAPPA BAVUR AGE. MAJOR, OCC. AGRICULTURE R/O RAJANAL, TQ. B.BAGEWADI DIST. VIJAYAPURA-586101. …RESPONDENT THIS MFA IS FILED U/S 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, PRAYING TO CALL FOR THE RECORDS IN LAC NO. 1039/2019, PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA, DATED 19.09.2022 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGEMENT AND AWARD DATED 19.09.2022 IN LAC NO. 1039/2019, PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE LAND ACQUISITION REHABILITATION AUTHORITY, VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY. RESETTLEMENT AND 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 19.9.2022 - 3 - NC: 2024:KHC-K:10225 MFA No. 201720 of 2023 passed in LAC No.1039/2019. However, the appeal is filed after a delay of 126 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 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. 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.: 31
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