THE SPECIAL LAND ACQUISITION OFFICER v. SECRETARY FOR LAND ACQUISITION DIVISION
Case at a glance
Provisions considered
Key paragraphs
- Para 55. KALLAPPA S/O MALLAPPA UPPAR AGE: MAJOR, OCC: AGRICULTURE ALL ARE R/O KALLADEVANAHALLI, TQ: MUDDEBIHAL DIST: VIJAYAPURA-586102 (BY SRI. MANJUNATH GINNI, ADVOCATE FOR C/R1 TO R5) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 200183 OF 2024 (LAC) BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER UKP ALMATTI, TQ: B. BAGEWADI, DIST: VIJAYAPURA-586101
2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT AND SECRETARY FOR LAND ACQUISITION DIVISION, GOVT. OF KARNATAKA, NAVANAGAR, BAGALKOT-587103
3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT, LAND ACQUISITION DIVISION, NAVANAGAR, BAGALKOT-587103
4. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT, NAVANAGAR, BAGALKOT-587103. (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SRI. VIRANAGOUDA BIRADAR, AGA) …APPELLANTS AND:
BHEEMAVVA W/O MALLAPPA UPPAR AGE: MAJOR, OCC: AGRICULTURE
CHANNAMMA S/O BASAVAARAJ UPPAR AGE: MAJOR, OCC: AGRICULTURE Location: HIGH COURT OF KARNATKA - 2 - NC: 2024:KHC-K:10402 MFA No. 200183 of 2024
SHANTABAI W/O BHEEMANNA KANNOLLI AGE: MAJOR, OCC: AGRICULTURE
GUNDANNA S/O MALLAPPA UPPAR AGE: MAJOR, OCC: AGRICULTURE
KALLAPPA S/O MALLAPPA UPPAR AGE: MAJOR, OCC: AGRICULTURE ALL ARE R/O KALLADEVANAHALLI, TQ: MUDDEBIHAL DIST: VIJAYAPURA-586102 (BY SRI. MANJUNATH GINNI, ADVOCATE FOR C/R1 TO R5) …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.1012/2020 PASSED BY THE LEARNED THE III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION, REHABILITATION AUTHORITY, VIJAYAPURA, DATED 10.01.2023 AND RESETTLEMENT AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 10.01.2023 IN L.A.C. NO.1012/2020 PASSED BY THE LEARNED THE 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 - 3 - NC: 2024:KHC-K:10402 MFA No. 200183 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 10.1.2023 passed in LAC No.1012/2020. However, the appeal is filed after a delay of 78 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. - 4 - NC: 2024:KHC-K:10402 MFA No. 200183 of 2024 The Court fee paid, if any, shall be refunded in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 3 Sl No.: 339
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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