THE SPECIAL LAND ACQUISITION OFFICER v. SOMASHEKHAR
Case at a glance
Provisions considered
Key paragraphs
- Para 22. THE GENERAL MANAGER (LAQ) UKP, NAVANAGAR, BAGALKOT - 587 101. (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA AND: SOMASHEKHAR S/O SHARANAPPA GORANAL, AGE. MAJOR, OCCUPATION AGRICULTURE, RESIDENCE OF BENAKANAHALLI, TALUKA INDI…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM BEFORE MISCL. FIRST APPEAL NO. 200644 OF 2024 (LAC) BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER UKP RAILWAY STATION INDI, DISTRICT VIJAYAPURA - 586 101.
THE GENERAL MANAGER (LAQ) UKP, NAVANAGAR, BAGALKOT - 587 101. (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA AND: SOMASHEKHAR S/O SHARANAPPA GORANAL, AGE. MAJOR, OCCUPATION AGRICULTURE, RESIDENCE OF BENAKANAHALLI, TALUKA INDI, DISTRICT VIJAYAPURA - 586 101. …RESPONDENT THIS MFA IS FILED UNDER SECTION 74(1) OF RIGHT TO LAND FAIR COMPENSATION AND TRANSPARENCY ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.01.2023 IN LAC IN - 2 - NC: 2024:KHC-K:10333 MFA No. 200644 of 2024 NO.833/2018 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION REHABILITATION AUTHORITY, VIJAYAPURA, 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 05.01.2023 in LAC No.833/2018. However, the appeal is filed after a delay of 119 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:10333 MFA No. 200644 of 2024 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.: 2 Sl No.: 36
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