THE SPECIAL LAND ACQUISITION OFFICER v. RAJASHRI

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 200767 OF 2024 (LAC) BETWEEN:

#1. THE SPECIAL LAND ACQUISITION OFFICER UKP ALMATTI, TALUKA B. BAGEWADI, DISTRICT VIJAYAPURA - 586 101.

#2. THE COMMISSIONER REHABILITATION AND RESETTLEMENT, SECRETARY FOR LAND ACQUISITION DIVISION, GOVT. OF KARNATAKA NAVANAGAR, BAGALKOT - 587 103. NAGARAJA B M Location: HIGH COURT OF KARNATKA

#3. THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT, NAVANAGAR, BAGALKOT - 587 103.

#4. THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT, NAVANAGAR, BAGALKOT - 587 103. (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS AND: RAJASHRI W/O SHANKARAGOUDA PATIL, - 2 - NC: 2024:KHC-K:10330 MFA No. 200767 of 2024 AGE. MAJOR, OCCUPATION: HH WORK AND AGRICULTURE, RESIDENCE OF NADAHALLI, TALUKA MUDDEBIHAL, DISTRICT VIJAYAPURA - 586 102. (BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE) …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 17.03.2023 IN LAC NO.571/2020 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE LAND ACQUISITION REHABILITATION AUTHORITY, VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY. RESETTLEMENT AND IN 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 17.03.2023 in LAC No.571/2020. However, the appeal is filed after a delay of 118 days beyond the statutory limitation period of - 3 - NC: 2024:KHC-K:10330 MFA No. 200767 of 2024 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 CA List No.: 2 Sl No.: 40