THE SPECIAL LAND ACQUISITION OFFICER v. COURT OF KARNATKA

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 202912 OF 2024 (LAC) BETWEEN:

THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTT, TQ: B.BAGEWADI DIST: VIJAYAPURA

THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY OF LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT. (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SMT. ARATI PATIL, HCGP) …APPELLANTS AND: Location: HIGH COURT OF KARNATKA HULGAVVA LACHAMAPPA GURIKAR AGE: 73 YEARS, OCC: HH WORK R/O TAKKALAKI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA …RESPONDENT 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.2000/2019 PASSED BY THE I ADDITIONAL DISTRICT AND ACQUISITION, SESSIONS JUDGE LAND AND THE - 2 - NC: 2024:KHC-K:10388 MFA No. 202912 of 2024 REHABILITATION VIJAYAPUR, DATED 24.06.2023 AND AND RESETTLEMENT AUTHORITY, ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 24.06.2023 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE LAND ACQUISITION, RESETTLEMENT AUTHORITY, VIJAYAPUR IN L.A.C. NO.2000/2019 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 24.6.2023 passed in LAC No.2000/2019. However, the appeal is filed 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- - 3 - NC: 2024:KHC-K:10388 MFA No. 202912 of 2024 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 List No.: 3 Sl No.: 166