THE SPECIAL LAND ACQUISITION OFFICER v. IBRAHIMSA

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 200685 OF 2024 (LAC) BETWEEN:

THE SPECIAL LAND ACQUISITION OFFICER UKP, ALMATTI TQ B. BAGEWADI - 586 203

THE COMMISSIONER REHABILITATION AND RESETTLEMENT SECRETARY FOR LAND ACQUISITION DIVISION GOVT. OF KARNATAKA, NAVANAGAR, BAGALKOT - 587 103

THE GENERAL MANAGER REHABILITATION AND RESETTLEMENT NAVANAGAR BAGALKOT - 587 103 NAGARAJA B M Location: HIGH COURT OF KARNATKA

THE SPECIAL DEPUTY COMMISSIONER REHABILITATION AND RESETTLEMENT NAVANAGAR BAGALKOT - 587 103

THE EXECUTIVE ENGINEER KBJNL, ALBC DIVISION, CHIMMALAGI LIFT IRRIGATION PROJECT, ALMATTI, TQ. B. BAGEWADI - 586 203 (BY SRI. Y.H. VIJAYAKUMAR, AAG ALONG WITH SRI. VEERANAGOUDA MALIPATIL, HCGP) …APPELLANTS - 2 - NC: 2024:KHC-K:10334 MFA No. 200685 of 2024 AND: IBRAHIMSA S/O HUCHESA ISLAMPUR AGE MAJOR OCCUPATION AGRICULTURE, RESIDENT OF NALATWAD TALUK MUDDEBIHAL DISTRICT VIJAYAPURA - 586 101 …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 THE JUDGMENT AND AWARD DATED 13.01.2023 IN LAC NO.605/2019 PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL LAND ACQUISITION AUTHORITY, REHABILITATION 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 13.01.2023 in LAC No.605/2019. However, the appeal is filed after a delay of 254 days beyond the statutory limitation period of - 3 - NC: 2024:KHC-K:10334 MFA No. 200685 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.: 37