Karnataka High Court
Special Land Acquisition Officer vs Gangadharappa on 8 November, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:45214
MFA No. 8632 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.8632 OF 2023 (LAC)
BETWEEN:
1. SPECIAL LAND ACQUISITION OFFICER
TUMAKURU-RAYADURGA RAILWAY LINE,
TUMAKURU.
2. CHIEF ENGINEER
SOUTHERN RAILWAY WEST,
CONTONMENT, BENGALURU.
3. DEPUTY CHIEF ENGINEER
SOUTHERN RAILWAY WEST,
CONTONMENT, BENGALURU.
...APPELLANTS
(BY SRI. GOPAL KRISHNA SOODI, AGA)
Digitally signed
by DEVIKA M AND:
Location: HIGH
COURT OF 1. GANGADHARAPPA
KARNATAKA S/O GANGAPPA,
AGED ABOUT 55 YEARS,
SIGONAHALLY VILLAGE,
KORA HOBLI,
TUMAKURU TALUK-581 204.
...RESPONDENT
THIS MFA IS FILED UNDER SECTION 74(1) OF RIGHT TO
FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION REHABILITATION AND RESETTLEMENT ACT
AGAINST THE JUDGMENT AND AWARD DATED 23.06.2021
PASSED IN LAC NO.94/2017 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU,
PARTLY ALLOWING THE REFERENCE PETITION UNDER SECTION
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NC: 2024:KHC:45214
MFA No. 8632 of 2023
64 OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN
LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT,
2013.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
Heard the learned Additional Government Advocate
appearing for the appellants on I.A.No.1/2023 for condonation
of delay of 568 days in filing the appeal.
2. In support of the application, an affidavit is filed
wherein it is stated that the judgment and award was passed on
23.06.2021 and on the very next day copy was applied and it
was ready on 19.07.2021. The opinion was taken on
26.07.2021 and letter was addressed to the Principal Secretary
to the Government on 31.08.2021. The Government Order to
file an appeal was passed on 18.04.2022 and accordingly the
Advocate General Office received the file on 27.04.2022.
Thereafter on 08.11.2023, the concerned Department submitted
the delay note along with relevant records of the case to the
Office of the Advocate General and thereafter the same was put
up and appeal was drafted and filed and hence there was a
delay.
NC: 2024:KHC:45214
3. Having perused the reasons assigned in the affidavit
accompanying the application, it is clear that the certified copy
of the award was taken within a span of one month of the
passing of the award and there is a delay of 568 days in filing
the appeal and the reason is not acceptable. Even the affidavit
also discloses that the papers were entrusted to the office of the
Advocate General on 27.04.2022 and even after that also there
was a delay and hence the delay cannot be condoned.
4. Having perused the impugned award, the Trial Court
considering the material on record, particularly in paragraph
No.14 taken note of the market value of the land as Rs.13,529/-
per gunta and the market value determined was Rs.7,360/- per
gunta. The Trial Court having taken note of the market value of
the land per gunta, allowed the petition and enhanced the same.
Considering the material on merits also, it does not require any
interference of this Court and only market value of Rs.13,529/-
per gunta is fixed based on the documentary evidence. When
such being the case, the question of entertaining the appeal
does not arise and hence I do not find any ground to issue
notice against the respondent considering the reasoned order
passed by the Trial Court.
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5. In view of the discussions made above,
I.A.No.1/2023 is dismissed and consequently the appeal is also
dismissed.
Sd/-
(H.P.SANDESH)
JUDGE
MD
