THE SPECIAL LAND ACQUISITION OFFICER v. BASALINGAPPA
Case at a glance
Provisions considered
Key paragraphs
- Para 22. THE GENERAL MANAGER UKP NAVANAGAR BAGALKOT (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA AND: BASALINGAPPA S/O OMKAREPPA MULIMANI AGE MAJOR OCCUPATION AGRICULTURE R/O TAMBA VILLAGE TALUK INDI DISTRICT VIJAYAPURA-586122 …RESPONDENT THIS…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM BEFORE MISCL. FIRST APPEAL NO. 200781 OF 2024 (LAC) BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER UKP RAILWAY STATION INDI DISTRICT VIJAYAPURA
THE GENERAL MANAGER UKP NAVANAGAR BAGALKOT (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA AND: BASALINGAPPA S/O OMKAREPPA MULIMANI AGE MAJOR OCCUPATION AGRICULTURE R/O TAMBA VILLAGE TALUK INDI DISTRICT VIJAYAPURA-586122 …RESPONDENT THIS MFA IS FILED UNDER SECTION 74(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE IN - 2 - NC: 2024:KHC-K:10331 MFA No. 200781 of 2024 THE JUDGMENT AND AWARD DATED 13.02.2023 IN LAC NO.414/2018 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION AUTHORITY, REHABILITATION 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 13.02.2023 in LAC No.414/2018. However, the appeal is filed after a delay of 126 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. - 3 - NC: 2024:KHC-K:10331 MFA No. 200781 of 2024 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 CA List No.: 2 Sl No.: 41
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.