THE SPECIAL LAND ACQUISITION OFFICER, UKP, INDI RS, TQ: INDI, DIST: VIJAYAPURA v. COURT OF KARNATKA
Case at a glance
Outcome
Dismissed
appeal is dismissed as time-barred, without addressing the
Provisions considered
Key paragraphs
- Para 22. THE COMMISSIONER REHABILITATION AND RESETTLEMENT, SECRETARY FOR LAND ACQUISITION DIVISION, GOVT OF KARNATAKA, NAVANAGAR, BAGALKOT (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SMT. ARATI PATIL, HCGP) AND: …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA SHANTABAI W/O KALLU @ KALLAPPA LAMANI @ CHAVAN, AGE: 54…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM BEFORE MISCL. FIRST APPEAL NO.203599 OF 2024 (LAC) BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER, UKP, INDI RS, TQ: INDI, DIST: VIJAYAPURA
Operative part
THE COMMISSIONER REHABILITATION AND RESETTLEMENT, SECRETARY FOR LAND ACQUISITION DIVISION, GOVT OF KARNATAKA, NAVANAGAR, BAGALKOT (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SMT. ARATI PATIL, HCGP) AND: …APPELLANTS NAGARAJA B M Location: HIGH COURT OF KARNATKA SHANTABAI W/O KALLU @ KALLAPPA LAMANI @ CHAVAN, AGE: 54 YEARS, OCC: AGRICULTURE, R/O MANNUR VILLAGE, TQ: DEVARHIPPARAGI DIST: VIJAYAPURA …RESPONDENT 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.1356/2021 PASSED BY THE III ADDITIONAL DISTRICT - 2 - NC: 2024:KHC-K:10534 MFA No. 203599 of 2024 AND LAND ADDITIONAL ACQUISITION, JUDGE REHABILITATION AND RESETTLEMENT AUTHORITY, VIJAYAPUR DATED 10.07.2023 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 10.07.2023 IN L.A.C. NO.1356/2021 PASSED BY 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 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 10.07.2023 in LAC No.1356/2021. However, the appeal is filed after a delay of 354 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 - 3 - NC: 2024:KHC-K:10534 MFA No. 203599 of 2024 India vs. Popular Construction Co. and State of Kerala vs. V.R. Kalliyanikutty reported in 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 NBM List No.: 3 Sl No.: 260
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.