Karnataka High Court
Shri Sadashiv S/O. Chandrayya ... vs The Assistant Commissioner on 13 November, 2024
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NC: 2024:KHC-D:16568
MFA No. 101695 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.101695 OF 2024 (LAC)
BETWEEN:
SHRI SADASHIV
S/O. CHANDRAYYA PANCHKATTIMATH,
R/O: KILABANUR VILLAGE, TAL: RAMDURG,
DIST: BELAGAVI - 591 123.
...APPELLANT
(BY SRI G.N.NARASAMMANAVAR, ADVOCATE)
AND:
THE ASSISTANT COMMISSIONER,
BAILHONGAL SUB DIVISION, BAILHONGAL,
TQ: BAILHONGAL,
DIST: BELAGAVI - 591 102.
...RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
Digitally signed
THIS MFA IS FILED UNDER SECTION 74 (1) OF RIGHT TO FAIR
by SAROJA
HANGARAKI
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
Location: High REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO,
Court of
Karnataka ORDER TO REMIT BACK THE MATTER TO REFERENCE COURT TO
CONSIDER THE MATTER FRESH BY GIVING CHANCE TO LEAD
EVIDENCE TO THE APPELLANT BY SET ASIDE THE ORDER AND
AWARD PASSED IN LAC NO.518/2017 DATED 02.09.2021 BY THE
COURT OF THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE,
BELAGAVI, IN THE INTEREST OF JUSTICE AND THIS APPEAL BE
ALLOWED WITH COSTS AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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NC: 2024:KHC-D:16568
MFA No. 101695 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned HCGP takes notice for respondent.
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
02.09.2021 passed by the Reference Court in LAC
No.518/2017 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 601 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
Hereinafter referred as "the 2013 Act"
NC: 2024:KHC-D:16568
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
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.
ILR 2020 KAR 1897
Order dated 23.09.2024 passed in MFA No.102543/2022
NC: 2024:KHC-D:16568
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 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
PNV
CT-ASC
