✦ Karnataka High Court

THE SPECIAL LAND ACQUISITION OFFICER v. COURT OF KARNATKA

MFA No. 203405 of 2024EQUITY REHABILITATION2 min read

Case at a glance

Outcome

Dismissed

Kalliyanikutty1, the appeal is dismissed as time-

Key paragraphs

  • Para 77. GANAPATI S/O AMASIDDA CHOUDHARY AGE: MAJOR, OCC: AGRICULTURE R/O BHUTANAL VILLAGE, TQ: VIJAYAPURA, DIST: VIJAYAPURA …RESPONDENTS 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…

Judgment

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 203405 OF 2024 (LAC) BETWEEN:

1. THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI, TQ: BASAVANA BAGEWADI, DIST: VIJAYAPURA

2. THE STATE OF KARNATAKA SPL. DEPUTY COMMISSIONER, UKP, BAGALKOT

3. THE COMMISSIONER FOR UKP, BAGALKOT (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SMT. ARATI PATIL, HCGP) AND: …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA

1.

MAHADEVI W/O AMASIDDA CHOUDHARI AGE: MAJOR, OCC: AGRICULTURE R/O BHUTANAL VILLAGE, TQ: VIJAYAPURA, DIST: VIJAYAPURA

2.

SUVARNA W/O KRISHNAPPA KORE AGE: MAJOR, OCC: AGRICULTURE R/O BHUTANAL VILLAGE, TQ: VIJAYAPURA, DIST: VIJAYAPURA

3.

AMBAVVA W/O PANDURANGA MORE AGE: MAJOR, OCC: AGRICULTURE R/O BHUTANAL VILLAGE, TQ: VIJAYAPURA, DIST: VIJAYAPURA - 2 - NC: 2024:KHC-K:10543 MFA No. 203405 of 2024

4.

MASIDA S/O AMASIDDA CHOUDHARI AGE: MAJOR, OCC: AGRICULTURE R/O BHUTANAL VILLAGE, TQ: VIJAYAPURA, DIST: VIJAYAPURA

5.

RUKMINI W/O MAHESH RAVUT AGE: MAJOR, OCC: AGRICULTURE R/O BHUTANAL VILLAGE, TQ: VIJAYAPURA, DIST: VIJAYAPURA

6.

BABANNA S/O AMASIDDA CHOUDHARY AGE: MAJOR, OCC: AGRICULTURE R/O BHUTANAL VILLAGE, TQ: VIJAYAPURA, DIST: VIJAYAPURA

Operative part

7.

GANAPATI S/O AMASIDDA CHOUDHARY AGE: MAJOR, OCC: AGRICULTURE R/O BHUTANAL VILLAGE, TQ: VIJAYAPURA, DIST: VIJAYAPURA …RESPONDENTS 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.1671/2020 PASSED BY III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA DATED 07.12.2023 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 07.12.2024 PASSED BY III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, RESETTLEMENT AUTHORITY, VIJAYAPUR DATED 07.12.2023 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 - 3 - NC: 2024:KHC-K:10543 MFA No. 203405 of 2024 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 17.12.2023 in LAC No.1671/2020. However, the appeal is filed after a delay of 170 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. Kalliyanikutty1, the appeal is dismissed as time- barred, without addressing the merits. Parties shall bear their respective costs. 1 AIR 1999 SC 1305 - 4 - NC: 2024:KHC-K:10543 MFA No. 203405 of 2024 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 NBM List No.: 3 Sl No.: 251

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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