The Executive Engineer vs Shri Ramangouda Holeppagouda Patil
2024 Latest Caselaw 27397 Kant

Karnataka High Court

The Executive Engineer vs Shri Ramangouda Holeppagouda Patil on 14 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                  -1-
                                                          NC: 2024:KHC-D:16672-DB
                                                          MFA No. 102108 of 2023




                                  IN THE HIGH COURT OF KARNATAKA,
                                           DHARWAD BENCH
                            DATED THIS THE 14TH DAY OF NOVEMBER, 2024
                                               PRESENT
                           THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                  AND
                             THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                        MISCELLANEOUS FIRST APPEAL NO.102108 OF 2023 (LAC)

                   BETWEEN:
                   THE EXECUTIVE ENGINEER
                   KNNL, GRBCC, HIDKAL DAM,
                   DIV. NO.2, HIDKAL-591107.
                                                                          ...APPELLANT
                   (BY SRI. M B KANAVI,ADVOCATE)

                   AND:
                   1.     SHRI. RAMANGOUDA HOLEPPAGOUDA PATIL
                          AGE. 70 YEARS, R/O. YARAGATTI, TQ. SAUNDATTI,
                          DIST. BELAGAVI-591129.
                   2.     RAJENDRAGOUDA HOLEPPAGOUDA PATIL
                          AGE: 70 YEARS, R/O. YARAGATTI, TQ. SAUNDATTI,
                          DIST. BELAGAVI-591129.

Digitally signed
                   3.     THE SPECIAL LAND ACQUISITION OFFICER
by MANJANNA E             HIDKAL DAM, DIVISION NO.2, BELAGAVI.
Location: HIGH                                                    ...RESPONDENTS
COURT OF
KARNATAKA          (BY SRI. B.P.MATHAPATI & SRI. S.G.HIREMATH, ADVS. FOR R1 & R2;
DHARWAD            SRI.G.K.HIREGOUDAR, GOVT. ADV. FOR R3)
BENCH
Date: 2024.11.16        THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
11:10:40 +0530
                   COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
                   REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
                   JUDGMENT    AND   AWARD   DATED  05.04.2019   PASSED    IN
                   LAC.NO.736/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT
                   JUDGE, BELAGAVI, AWARDING COMPENSATION OF RS. 1,00,000 PER
                   GUNTA.
                        THIS APPEAL, COMING ON FOR ORDERS,                THIS   DAY,
                   JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                   CORAM:      THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                AND
                                THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                                  -2-
                                         NC: 2024:KHC-D:16672-DB
                                         MFA No. 102108 of 2023




                          ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

Learned Government Advocate accepts notice for

respondent No.3 and Sri.B.P.Mathapati and Sri.S.G.Hiremath,

learned counsels accepts notice for respondent Nos.1 and 2.

2. This appeal is filed by the beneficiary of acquisition

under Section 74(1) of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (hereinafter referred to as 'the Act', for

short) challenging the judgment and award dated 05.04.2019

passed in L.A.C. No.736/2017 by the learned I Addl. District

Judge and Sessions Judge, Belagavi, whereby the Reference

Court fixed market value of the acquired land at the rate of

Rs.1,00,000/- per gunta.

3. There is a delay of 700 days in filing the appeal,

which is beyond the statutory permissible limit under the

provisions of the Act.

4. In view of the judgment of co-ordinate Bench of this

Court in M.F.A. No.102543/2022, disposed off on 23.09.2024,

the present appeal is not maintainable.

NC: 2024:KHC-D:16672-DB

5. Accordingly, this appeal is dismissed in terms of

judgment of this Court in M.F.A. No.102543/2022, dated

23.09.2024.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

RSH / Ct:vh