THE SPECIAL LAND ACQUISITION OFFICER v. RAMAPPA
Case at a glance
Provisions considered
Key paragraphs
- Para 11. 1A. RAMAPPA S/O MALLESHAPPA BIRADAR SINCE DECEASED BY HIS LEGAL HEIRS MALLIKARJUN S/O RAMANNA BIRADAR AGE. MAJOR, OCC. AGRICULTURE R/O BAGANAGAR TQ. B. BAGEWADI - 586 203. 1B. SURESH S/O RAMANNA BIRADAR AGE. MAJOR, OCC. AGRICULTURE R/O BAGANAGAR, TQ. B. BAGEWADI - 586 203.…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM BEFORE MISCL. FIRST APPEAL NO. 201662 OF 2023 (LAC) BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI TQ. B. BAGEWADI - 586 203
2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION GOVT. OF KARNATAKA NAVANAGAR BAGALKOT - 587 103. NAGARAJA B M Location: HIGH COURT OF KARNATKA
3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT FOR LAND ACQUISITION DIVISION NAVANAGAR BAGALKOT - 587 103.
4. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT FOR LAND ACQUISITION DIVISION NAVANAGAR BAGALKOT - 587 103.
5. THE EXECUTIVE ENGINEER MULAWAD LIFT IRRIGATION MATTIHAL DIVISION TQ. B. BAGEWADI - 586 203. (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VIRANAGOUDA BIRADAR, AGA) …APPELLANTS - 2 - NC: 2024:KHC-K:10336 MFA No. 201662 of 2023 AND:
1A. RAMAPPA S/O MALLESHAPPA BIRADAR SINCE DECEASED BY HIS LEGAL HEIRS MALLIKARJUN S/O RAMANNA BIRADAR AGE. MAJOR, OCC. AGRICULTURE R/O BAGANAGAR TQ. B. BAGEWADI - 586 203. 1B. SURESH S/O RAMANNA BIRADAR AGE. MAJOR, OCC. AGRICULTURE R/O BAGANAGAR, TQ. B. BAGEWADI - 586 203. 1C. NILABAI W/O LAXMAN SONAKADE AGE. MAJOR, OCC. HOUSEHOLD WORK R/O BAGANAGAR, TQ. B. BAGEWADI - 586 203. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 28.10.2022 IN LAC NO.564/2018 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION REHABILITATION AUTHORITY, VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY. RESETTLEMENT AND IN THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2024:KHC-K:10336 MFA No. 201662 of 2023 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 28.10.2022 in LAC No.564/2018. However, the appeal is filed after a delay of 88 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. - 4 - NC: 2024:KHC-K:10336 MFA No. 201662 of 2023 The Court fee paid, if any, shall be refunded in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 359
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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