THE SPECIAL LAND ACQUISITION OFFICER, UKP, ALMATTI, TQ: BASAVANA BAGEWADI, DIST: VIJAYAPURA v. NINGAPPA
Case at a glance
Provisions considered
Key paragraphs
- Para 44. GANGAMMA W/O AMARAPPA BANGARI (SINCE DECEASED HER LRS CLAIMANT NOS. 1, 2,3) …RESPONDENTS 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, IN 2013 L.A.C.NO.1992/2019…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 202838 OF 2024 (LAC) BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER, UKP, ALMATTI, TQ: BASAVANA BAGEWADI, DIST: VIJAYAPURA.
2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT, SECRETARY FOR LAND ACQUISITION DIVISION, GOVERNMENT OF KARNATAKA, NAVANAGAR, DISTRICT BAGALKOT (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SMT. ARATI PATIL, HCGP) …APPELLANTS AL BHAGYA Location: HIGH COURT OF KARNATKA AND:
NINGAPPA S/O AMARAPPA BANGARI AGE 50 YEARS, AGRICULTURE R/O TAKKALAKI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA.
ADAPPA S/O AMARAPPA BANGARI AGE 60 YEARS AGRICULTURE R/O TAKKALAKI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA.
ISHAWARAMMA W/O GURALINGAPPA ANGADI AGE 65 YEARS, AGRICULTURE R/O TAKKALAKI VILLAGE, TQ: MUDDEBIHAL, - 2 - NC: 2024:KHC-K:10429 MFA No. 202838 of 2024 DIST: VIJAYAPURA.
GANGAMMA W/O AMARAPPA BANGARI (SINCE DECEASED HER LRS CLAIMANT NOS. 1, 2,3) …RESPONDENTS 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, IN 2013 L.A.C.NO.1992/2019 PASSED BY THE I ADDITIONAL DISTRICT JUDGE AND LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR, DATED 24.06.2023 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 24.06.2023 PASSED BY THE I ADDITIONAL DISTRICT JUDGE AND LAND ACQUISITION AUTHORITY, REHABILITATION VIJAYAPUR, DATED 24.06.2023 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 24.06.2023 passed in LAC No.1992/2019. However, the appeal is filed - 3 - NC: 2024:KHC-K:10429 MFA No. 202838 of 2024 after a delay of 297 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.: 161
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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