Karnataka High Court
The Executive Engineer vs The State Of Karnataka on 13 November, 2024
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NC: 2024:KHC-D:16641
MFA No. 104332 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 104332 OF 2024 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA NEERAVARI NIGAM LTD.,
DIVISION MUNDARAGI,
DIST: GADAG - 582 118.
...APPELLANT
(BY SRI CHETAN MUNNOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY DEPUTY COMMISSIONER,
GADAG, DIST: GADAG - 582 101.
2. THE SPECIAL LAND ACQUISITION OFFICER,
SAROJA SINGATALUTU LIFT
HANGARAKI IRRIGATION PROJECT,
Digitally signed by
SAROJA HANGARAKI
HUVINAHADAGALI,
Location: High Court of
Karnataka, Dharwad
Bench
DIST: BALLARI - 583 219.
Date: 2024.11.22
12:59:18 +0530
3. JAYASHREE
W/O. JAYANNA PATTANASHETTI.
4. SOUBHAGYA
D/O. JAYANNA PATTANASHETTI.
5. BHUVANESHWARI
D/O. JAYANNA PATTANASHETTI.
6. NIRANJAN
S/O. JAYANNA PATTANASHETTI.
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NC: 2024:KHC-D:16641
MFA No. 104332 of 2024
SINCE CLAIMANTS NO.4 TO 6 ARE MINORS,
REPRESENTED BY THEIR MOTHER
CLAIMANT NO.3 JAYASHREE PATTANASHETTI.
ALL ARE R/O: DAMBAL,
TQ: MUNDARGI,
DIST: GADAG - 582 113.
...RESPONDENTS
(BY SMT. KIRTILATA R.PATIL, HCGP FOR R1 AND R2)
THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO,
CALL FOR THE RECORDS IN LAC NO. 383/2019 DATED 03.01.2024
ON THE FILE OF LEARNED ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG. ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT
AND AWARD PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, PASSED IN LAC NO. 383/2019 DATED 03.01.2024
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 to 6 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
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Acquisition, Rehabilitation and Resettlement Act, 20131
laying a challenge to the Judgment & Award dated
03.01.2024 passed by the Reference Court in LAC
No.383/2019, whereunder enhancement of compensation
has been accorded. The above appeal is filed beyond the
prescribed period of 60 + 60 = 120 days and there is a
delay of 201 days in filing the appeal.
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
Hereinafter referred as "the 2013 Act"
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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
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 appeal is
dismissed as barred by limitation.
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
ILR 2020 KAR 1897
Order dated 23.09.2024 passed in MFA No.102543/2022
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reference Court. The dismissal of this appeal is subject to
the decision in SLP Nos.215 -2016 of 2023 (M/s S.V
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
YAN/CT-ASC
