THE SPECIAL LAND ACQUISITION OFFICER v. SECRETARY FOR LAND ACQUISITION DIVISION
Case at a glance
Provisions considered
Key paragraphs
- Para 55. THE EXECUTIVE ENGINEER KBJNL, ALBC DIVISION CHIMALAGI LIFT IRRIGATION, PROJECT ALMATTI, TQ. B. BAGEWADI DIST VIJAYAPURA 586101 (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2024:KHC-K:10337 MFA No.…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM BEFORE MISCL. FIRST APPEAL NO. 202195 OF 2024 (LAC) BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER UKP ALMATTTI, TQ. B. BAGEWADI DIST VIJAYAPURA - 586101
THE COMMISSIONER REHABILITATION AND RESETTLMENT AND SECRETARY FOR LAND ACQUISITION DIVISION GOVT. OF KARNATAKA NAVANAGAR, BAGALKOT - 587103
THE GENERAL MANAGER REHABILITATION AND RESETTLMENT AND SECRETARY FOR LAND ACQUISITION DIVISION GOVT. OF KARNATAKA NAVANAGAR, BAGALKOT - 587103
THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLMENT NAVANAGAR, BAGALKOT - 587103
THE EXECUTIVE ENGINEER KBJNL, ALBC DIVISION CHIMALAGI LIFT IRRIGATION, PROJECT ALMATTI, TQ. B. BAGEWADI DIST VIJAYAPURA 586101 (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2024:KHC-K:10337 MFA No. 202195 of 2024 AND: MOHAN S/O HANAMANTAPPA HADAPAD AGE MAJOR OCCUPATION AGRICULTURE RESIDENT OF INGALAGERI TQ. MUDDEBIHAL, DIST VIJAYAPURA 586101 …RESPONDENT 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 TO SET ASIDE THE JUDGMENT AND AWARD DATED 21.03.2023 IN LAC NO.307/2019 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 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 24.03.2023 in LAC No.307/2019. However, the appeal is filed after a - 3 - NC: 2024:KHC-K:10337 MFA No. 202195 of 2024 delay of 274 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 CA List No.: 3 Sl No.: 116
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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