Bandgisa S/O Fhakirsa vs The Special Land Acquisition Officer
2024 Latest Caselaw 1062 Kant

Karnataka High Court

Bandgisa S/O Fhakirsa vs The Special Land Acquisition Officer on 11 January, 2024

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                                                      NC: 2024:KHC-K:494
                                                      MSA No. 200053 of 2021




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                           BEFORE
                            THE HON'BLE MR. JUSTICE E.S.INDIRESH

                      MISCL. SECOND APPEAL NO.200053 OF 2021 (LA)

                   BETWEEN:

                   BANDGISA S/O FHAKIRSA,
                   AGE: 53 YEARS,
                   OCC. AGRICULTURE,
                   R/O YALWAR, TQ. JEWARGI,
                   DIST. KALABURAGI.

                                                                 ...APPELLANT

                   (BY SRI. A.M. BIRADAR, ADVOCATE)

                   AND:

                   THE SPECIAL LAND ACQUISITION OFFICER,
                   U.K.P. BHEEMARAYANGUDI,
                   TQ. SHAHAPUR,
Digitally signed
by SACHIN          DIST. YADAGIR-585 102.
Location: HIGH
COURT OF
KARNATAKA
                                                              ...RESPONDENT

                   (BY SRI. G.B. YADAV, HCGP)

                        THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
                   ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
                   COSTS AND THE JUDGEMENT AND AWARD DATED 18.01.2012
                   PASSED BY THE III ADDL. DISTRICT JUDGE, KALABURAGI, IN
                   LAC APPEAL NO.04/2011 AND JUDGEMENT AND AWARD DATED
                   21.12.2002 PASSED BY THE III ADDL. CIVIL JUDGE (SR.DN.)
                   AT KALABURAGI, IN LAC NO.336/2000 TO BE MODIFIED BY
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                                         NC: 2024:KHC-K:494
                                         MSA No. 200053 of 2021




ENHANCING      THE   AMOUNT    OF   COMPENSATION               AT
RS.3,36,146/- PER ACRE WITH ALL STATUTORY BENEFITS.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                            JUDGMENT

Learned High Court Government Pleader accepts

notice for the respondent.

2. Heard the learned counsel appearing for the

parties on I.A.1/2020.

3. The appellant is challenging the order dated

18.01.2012 in Land Acquisition Case Appeal No.04/2011

on file of III Additional District Judge at Gulbarga. Since

there is a delay of 2889 days (nine years) in filing the

appeal, the appellant has filed I.A.1/2020, seeking

condonation of the same.

4. I have carefully examined the reasons set out in

the affidavit accompanying the application.

5. Taking into consideration the reasons assigned

by the appellant at paragraphs 3 and 4 of the affidavit

accompany the application, I am of the view that the said

NC: 2024:KHC-K:494

reasons cannot be accepted to condone the delay of nine

years in filing the appeal. In order to accept the

application filed under Section 5 of the Limitation Act, the

deponent has to show the sufficient cause, which could be

a reasonable one to condone the delay in filing the appeal.

It is well established principle of law laid down by the

Hon'ble Apex Court in a catena of decision that, it is not

the length of delay, but the cause of delay has to be

looked into. In view of the declaration of law made by the

Hon'ble Apex Court in the case of State of Nagaland vs.

Lipok and Others reported in (2005) 3 SCC 752, I am

of the view that the reasons assigned by the appellant in

the affidavit accompanying the application cannot be a

ground to condone the inordinate delay of nine years in

filing the appeal. Accordingly, application in I.A.1/2020 is

dismissed. Consequently, the appeal is dismissed.

Sd/-

JUDGE

LG