Karnataka High Court
The Executive Engineer vs The Spl. Land Acquisition Officer on 19 November, 2024
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NC: 2024:KHC-D:16833
MFA No. 103435 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 103435 OF 2023 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAM LTD.
HBC ATHANI, DIST. BELAGAVI 591304
...APPELLANT
(BY SRI. K.S.PATIL, ADVOCATE)
AND:
1. THE SPL. LAND ACQUISITION OFFICER,
HBC ATHANI, DIST. BELAGAVI 591304
2. THE STATE OF KARNATAKA
REP. BY THE DEPUTY COMMISSIONER
BAGALKOT, DIST. BAGALKOT 587101
3. SHANKAR S/O. BALAPPA PATIL
AGE. 61 YEARS, OCC. AGRI.,
R/O. MADANAMATTI,
Digitally signed TQ. RABAKAVI-BANAHATTI,
by SAROJA
HANGARAKI DIST. BAGALKOT 587314
Location: High
Court of
Karnataka
4. HANAMANTH S/O. BALAPPA PATIL
AGE. 58 YEARS, OCC. AGRI.,
R/O. MADANAMATTI,
TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT 587314
5. RAMAPPA S/O. SHIVALINGAPPA PATIL
AGE. 55 YEARS, OCC. AGRI.,
R/O. MADANAMATTI,
TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT 587314
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2)
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NC: 2024:KHC-D:16833
MFA No. 103435 of 2023
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,
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT DATED
08.11.2022 AND AWARD DATED 21.11.2022 IN LAC NO 854/2020
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BAGALKOT TO SIT AT JAMAKHANDI AND THE LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT AUTHORITY, JAMAKHANDI
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 5 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
Acquisition, Rehabilitation and Resettlement Act, 20131
laying a challenge to the Judgment & Award dated
08.11.2022 and 21.11.2022 passed by the Reference Court
in LAC No.854/2020, whereunder enhancement of
Hereinafter referred as "the 2013 Act"
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compensation has been accorded. The above appeal is
filed beyond the prescribed period of 60 + 60 = 120 days
and there is a delay of 180 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 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
NC: 2024:KHC-D:16833
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 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
ILR 2020 KAR 1897
Order dated 23.09.2024 passed in MFA No.102543/2022
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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
SH
