Karnataka High Court
The Executive Engineer vs The Special Land Acquisition Officer on 19 November, 2024
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NC: 2024:KHC-D:16813
MFA No. 102556 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 102556 OF 2023
(LAC)
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAM LTD.,
GRBC DIVISION NO. 2, HIDKAL DAM
TQ. HUKKERI, DIST. BELAGAVI-591107
...APPELLANT
(BY SRI. K.S.PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
HIDKAL DAM, TQ. HUKKERI
DIST. BELAGAVI-591107.
2. THE PRL. SECRETARY
REVENUE DEPARTMENT
Digitally signed GOVERNMENT OF KARNATAKA
by SAROJA
HANGARAKI M.S. BUILDING, BENGALURU-560 001
Location: High
Court of
Karnataka
3. KUSHTNAPPA ALADAKATTI
AGE: 65 YEARS, OCC: AGRICULTURE
R/O: BUDIGOPPA, TQ. SAUNDATTI
DIST. BELAGAVI -591119
4. NEELLAWWA W/O. HANAMANT ALADAKATTI
AGE: 40 YEARS, OCC: AGRICULTURE
R/O. BUDIGOPPA, TQ SAUNDATTI
DIST. BELAGAVI -591119.
...RESPONDENTS
(BY SMT. KIRTILATA R.PATIL, HCGP FOR R1 AND R2)
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NC: 2024:KHC-D:16813
MFA No. 102556 of 2023
THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST
THE JUDGMENT AND AWARD DATED 05.03.2019 PASSED IN
LAC.NO.172/2017 ON THE FILE OF THE I ADDITIONAL
DISTRICT JUDGE, BELAGAVI AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) Learned HCGP takes notice for respondent Nos.1 and
2. Notice is not issued to respondent Nos.3 and 4 since the appeal is disposed of on a question of law.
2. This appeal is filed under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20131 laying a challenge to the Judgment & Award dated 05.03.2019 passed by the Reference Court in LAC No.172/2017, whereunder enhancement of compensation has been accorded. The above appeal is filed beyond the 1 Hereinafter referred as "the 2013 Act" -3-
NC: 2024:KHC-D:16813 MFA No. 102556 of 2023 prescribed period of 60 + 60 = 120 days and there is a delay of 771 days in filing the appeal. An application is filed seeking condonation of delay.
3. Section 74(1) along with the Proviso thereto (sub-section (2) not being relevant) of the 2013 Act is noticed for ready reference:
"74. Appeal to High Court.
(1) The Requiring Body or any person aggrieved by the Award passed by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days."
4. The language of Sub-section (1) of Section 74 and the proviso thereof of the 2013 Act is clear. Further, a Division Bench of this Court in the case of THE DEPUTY COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, BENGALURU VS. M/S. S.V. GLOBAL MILL LIMITED, CHENNAI2, has examined the matter in great 2 ILR 2020 KAR 1897 -4- NC: 2024:KHC-D:16813 MFA No. 102556 of 2023 detail and held that Section 74 of the 2013 Act is mandatory in nature and an application for condonation of delay beyond the statutorily permissible time limit is not liable to be favourably considered. Further, a Division Bench of this Court in the case of THE EXECUTIVE ENGINEER VS. SPECIAL LAND ACQUISITION OFFICER3 has declined the request for referring the matter for reconsideration to a larger Bench.
5. In view of the aforementioned, the application seeking condonation of delay is dismissed. Consequently, the appeal is also dismissed.
6. It is made clear that this Court has not examined the matter on merits with regard to the sustainability of re-determination of market value and consequent enhancement of compensation awarded by the reference Court. The dismissal of this appeal is subject to the decision in SLP Nos.215 -2016 of 2023 (M/s S.V 3 Order dated 23.09.2024 passed in MFA No.102543/2022 -5- NC: 2024:KHC-D:16813 MFA No. 102556 of 2023 Global Mill Limited) pending before the Hon'ble Apex Court.
7. In view of dismissal of this appeal, the Registry to transmit the amount in deposit, if any, to the Reference Court immediately for being released in favour of claimants in accordance with law.
SD/-
(C.M. POONACHA) JUDGE SH List No.: 2 Sl No.: 164