The Assistant Commissioner vs Yallapa S/O Appasaheb Talawar
2024 Latest Caselaw 27405 Kant

Karnataka High Court

The Assistant Commissioner vs Yallapa S/O Appasaheb Talawar on 14 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                               -1-
                                                        NC: 2024:KHC-D:16680-DB
                                                        MFA No. 105009 of 2024




                                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. 105009 OF 2024 (LAC)

                   BETWEEN:
                   1.   THE ASSISTANT COMMISSIONER
                        AND LAND ACQUISITION OFFICER,
                        JAMAKHANDI-587301.
                   2.   THE STATE OF KARNATAKA
                        PREPARED BY DEPUTY COMMISSIONER,
                        BAGALKOT-587101.
                                                                   ...APPELLANTS
                   (BY SRI. G.K.HIREGOUDAR, GOVT. ADVOCATE)

                   AND:
                   1.   YALLAPA S/O APPASAHEB TALAWAR
                        AGE. 49 YEARS, R/O. MUDHOL
                        TQ. MUDHOL, DIST. BAGALKOT.
                   2.   TARAVVA APPASAHEB TALAWAR
Digitally signed
by MANJANNA E           AGE. 73 YEARS, R/O. MUDHOL,
Location: HIGH          TQ. MUDHOL, DIST. BAGALKOT.
COURT OF                                                         ...RESPONDENTS
KARNATAKA
DHARWAD            (BY SRI. BASAVARAJ BYAKOD, ADVOCATE)
BENCH
Date: 2024.11.16        THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
11:10:43 +0530     COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
                   REHABILITATION AND RESETTLEMENT ACT, 2013, CALL FOR
                   RECORDS ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS
                   JUDGE, BAGALKOT TO SIT AT JAMKHANDI AND THE LAND
                   ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY,
                   JAMAKHANDI IN LAC.NO.5160/2021, DATED 04.11.2023 BY
                   ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND ETC.
                        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:16680-DB
                                          MFA No. 105009 of 2024




                          ORAL JUDGMENT

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

Sri.Basavaraj Byakod, learned counsel undertakes to

appear for the respondents.

2. This appeal is filed by the State under Section 64 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 04.11.2023 and 10.11.2023

respectively passed in L.A.C. No.5160/2021 by the learned I

Addl. District and Sessions Judge, Bagalkot, to sit at Jamkhandi

and the Land Acquisition, Rehabilitation and Resettlement

Authority, Jamkhandi, whereby the Reference Court fixed

market value of the acquired land at the rate of Rs.1,865/- per

square feet.

3. There is a delay of 218 days in filing the appeal,

which is beyond the statutory permissible limit under the

provisions of the Act.

NC: 2024:KHC-D:16680-DB

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

Court in MFA No.102543/2022, disposed off on 23.09.2024, the

present appeal is not maintainable.

5. Accordingly, this appeal is dismissed in terms of

judgment of this Court in MFA No.102543/2022, dated

23.09.2024. As a consequence, pending applications do not

survive for consideration.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

RSH / Ct:vh