THE SPECIAL LAND ACQUISITION OFFICER v. REVANSIDDAPPA

MISCL. FIRST APPEAL NO. 203138 OF 2023 (LAC) BETWEEN:

THE SPECIAL LAND ACQUISITION OFFICER, UKP, ALMATTI, TQ: B. BAGEWADI-586203.

THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION, GOVT. OF KARNATAKA, NAVANAGAR, BAGALKOT-587101.

THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT-587101.

THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT-587101.

EXECUTIVE ENGINEER KBJNL, ALBC DIVISION, CHIMMALAGI LIFT IRRIGATION PROJECT, TQ: B. BAGEWADI-586203. …APPELLANTS (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SRI. VIRANAGOUDA BIRADAR, AGA) AND: REVANSIDDAPPA S/O SIDDAPPA BALABATTI NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2024:KHC-K:10293 MFA No. 203138 of 2023 AGE: MAJOR, OCC: AGRICULTURE R/O KAVADIMATTI, TQ. MUDDEBIHAL-586212 …RESPONDENT FOR PRAYING TO CALL THE RECORDS THIS MFA IS FILED UNDER SECTION 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 IN L.A.C.NO.780/2019 PASSED BY THE LEARNED IST ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL LAND ACQUISITION RESETTLEMENT AUTHORITY, VIJAYAPURA, DATED 14.09.2022 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 14.09.2022 IN L.A.C.NO.780/2019 PASSED BY THE LEARNED IST ADDITIONAL DISTRICT AND SESSIONS JUDGE AND LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY. REHABILITATION 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 14.09.2022 in LAC No.780/2019. However, the appeal is filed after a delay of 137 days beyond the statutory limitation period of - 3 - NC: 2024:KHC-K:10293 MFA No. 203138 of 2023 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 CA List No.: 3 Sl No.: 370