✦ Karnataka High Court

THE DEPUTY COMMISSIONER v. GANNAPPATI

MFA No. 203430 of 2024EQUITY RESETTLEMENT2 min read

Case at a glance

Outcome

Dismissed

appeal is dismissed as time-barred, without addressing the

Key paragraphs

  • Para 44. THE SPECIAL LAND ACQUISITION OFFICER KNNL BNT, KALABURAGI 585101 (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SMT. ARATI PATIL, HCGP) …APPELLANTS AND: GANNAPPATI S/O GUNDERAO BIRADAR AGE: 55 YEARS, OCC: AGRICULTURE R/O KOTAN HIPPARGA, TQ: ALAND, DISTRICT KALABURAGI-585101 THIS MFA IS FILED UNDER SECTION 74(1) OF…

Judgment

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 203430 OF 2024 (LAC) BETWEEN:

1.

THE DEPUTY COMMISSIONER KALABURAGI-585101

2.

THE CHIEF ENGINEER MI AND UWD NORTH ZONE, VIJAYAPURA-586101

3.

THE EXECUTIVE ENGINEER MI AND UWD DIVN, KALABURAGI-585101 NAGARAJA B M Location: HIGH COURT OF KARNATKA

Operative part

4.

THE SPECIAL LAND ACQUISITION OFFICER KNNL BNT, KALABURAGI 585101 (BY SRI. Y.H.VIJAYAKUMAR, AAG A/W SMT. ARATI PATIL, HCGP) …APPELLANTS AND: GANNAPPATI S/O GUNDERAO BIRADAR AGE: 55 YEARS, OCC: AGRICULTURE R/O KOTAN HIPPARGA, TQ: ALAND, DISTRICT KALABURAGI-585101 THIS MFA IS FILED UNDER SECTION 74(1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, …RESPONDENT - 2 - NC: 2024:KHC-K:10530 MFA No. 203430 of 2024 2013 PRAYING TO CALL FOR THE RECORDS IN L.A.C. NO.91/2019 PASSED BY THE I ADDITIONAL DISTRICT JUDGE, KALABURAGI AND LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, KALABURAGI DATED 23.11.2022 AND ALLOW THE ABOVE APPEAL AND TO SET ASIDE THE IN L.A.C. JUDGMENT AND AWARD DATED 23.11.2022 NO.91/2019 PASSED BY THE LEARNED I ADDITIONAL DISTRICT JUDGE, KALABURAGI AND LAND ACQUISITION, REHABILITATION AUTHORITY, KALABURAGI 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 23.11.2022 in LAC No.91/2019. However, the appeal is filed after a delay of 652 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- - 3 - NC: 2024:KHC-K:10530 MFA No. 203430 of 2024 extendable. Relying on precedents, including Union of 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.: 253

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.

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