THE SPECIAL LAND ACQUISITION OFFICER v. SANGANNA
Case at a glance
Provisions considered
Key paragraphs
- Para 55. THE EXECUTIVE ENGINEER KBJNL, ALBC DIVISION, CHIMMALAGI LIFT IRRIGATION PROJECT, ALMATTI, TQ: B. BAGEWADI, (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUNDA MALIPATIL, HCGP) …APPELLANTS Location: HIGH COURT OF KARNATKA - 2 - NC: 2024:KHC-K:10378 MFA No. 204039 of 2023 AND: SANGANNA S/O GURULINGAPPAGOUDA HIREGOUDER…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 204039 OF 2023 (LAC) BETWEEN:
#1. THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI, TQ. B. BAGEWADI, DIST: VIJAYAPURA PIN-586203.
#2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT, SECRETARY FOR LAND ACQUISITION DIVISION, GOVERNMENT OF KARNATAKA, NAVANAGAR, BAGALKOT.
#3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT, LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT.
#4. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT, LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT.
#5. THE EXECUTIVE ENGINEER KBJNL, ALBC DIVISION, CHIMMALAGI LIFT IRRIGATION PROJECT, ALMATTI, TQ: B. BAGEWADI, (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SRI. VEERANAGOUNDA MALIPATIL, HCGP) …APPELLANTS Location: HIGH COURT OF KARNATKA - 2 - NC: 2024:KHC-K:10378 MFA No. 204039 of 2023 AND: SANGANNA S/O GURULINGAPPAGOUDA HIREGOUDER, AGE: 35 YEARS, OCC: AGRICULTURE, R/O ARASANAL, TQ. MUDDEBIHAL, DIST: VIJAYAPURA-586122. …RESPONDENT FOR PRAYING TO CALL THIS MFA IS FILED UNDER SECTION 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, IN THE RECORDS 2013 L.A.C.NO.628/2018 PASSED BY THE LEARNED THE III ADDITIONAL DISTRICT JUDGE AND THE ADDITIONAL LAND ACQUISITION RESETTLEMENT AUTHORITY, VIJAYAPURA, DATED 07.02.2023 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 07.02.2023 IN LAC NO.628/2019 PASSED BY THE LEARNED THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPURA, 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, - 3 - NC: 2024:KHC-K:10378 MFA No. 204039 of 2023 challenges the judgment and award dated 7.2.2023 passed in LAC No.628/2019. However, the appeal is filed after a delay of 122 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.: 2 Sl No.: 46
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