THE SPECIAL LAND ACQUISITION OFFICER v. MALLAPPA
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Judgment
MISCL. FIRST APPEAL NO. 202537 OF 2023 (LAC) BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT, RAILWAY STATION, INDI-586209. (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SRI. VIRANAGOUDA BIRADAR, AGA) …APPELLANT AND: MALLAPPA S/O BEERAPPA PUJARI AGE: MAJOR, OCC: AGRICULTURE, R/O MASALI KD, TQ. INDI DIST: VIJAYAPURA-586101. Location: HIGH COURT OF KARNATKA …RESPONDENT (BY SRI. SANGANABASAVA B. PATIL, ADVOCATE FOR C/R) THIS MFA IS FILED UNDER SECTION 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 PRAYING TO CALL FOR THE RECORDS IN L.A.C.NO. 790/2018 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA, DATED 29.10.2022 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 29.10.2022 IN LAC NO.790/2018 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION - 2 - NC: 2024:KHC-K:10298 MFA No. 202537 of 2023 REHABILITATION VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY. RESETTLEMENT AND AUTHORITY, 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 29.10.2022 in LAC No.790/2018. However, the appeal is filed after a delay of 111 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 - 3 - NC: 2024:KHC-K:10298 MFA No. 202537 of 2023 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.: 365
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