Karnataka High Court
Akbarsab vs Special Land Acquisiton Officer on 19 November, 2024
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MFA No. 103298 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. 103298 OF 2023 (LAC)
BETWEEN:
AKBARSAB S/O. ALLABAKSH NADAF
AGE: 51 YEARS, OCC: AGRICULTURE,
RESIDENT OF MUDHOL,
TALUK. MUDHOL, DISTRICT. BAGALKOT.
...APPELLANT
(BY SRI. SHARANABASAVARAJ.C.S. AND
SRI. KUSHAL N. KAMBLE, ADVOCATES)
AND:
1. SPECIAL LAND ACQUISITION OFFICER
UKP JAMAKHANDI
2. GENERAL MANAGER
LAND ACQUISITION AND
LAQ R AND R, UKP,
NAVANAGARA, BAGALKOT.
Digitally signed
by SAROJA
3. THE STATE OF KARNATAKA
HANGARAKI
Location: High
REPRESENTED BY
Court of
Karnataka
DEPUTY COMMISSIONER, BAGALKOT.
...RESPONDENTS
(BY SMT KIRTILATA R. PATIL, HCGP)
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 RECORDS IN LAC 852/2018, ON THE FILE OF THE FIRST
ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BAGALKOT
SITTING AT JAMAKHANDI AND LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT AUTHORITY, JAMKHANDI AND
SET ASIDE AND MODIFY THE JUDGMENT AND AWARD DATED
01.12.2022 MADE THEREIN AND BE FURTHER PLEASED TO
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MFA No. 103298 of 2023
DETERMINE THE MARKET VALUE AT RS.5,272/- PER SQUARE METER
TOGETHER WITH ALL THE STATUTORY BENEFITS, IN THE INTEREST
OF JUSTICE.
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 to
3.
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
01.12.2022 passed by the Reference Court in LAC
No.852/2018, 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 167 days in filing the appeal.
Hereinafter referred as "the 2013 Act"
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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
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
ILR 2020 KAR 1897
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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
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
Order dated 23.09.2024 passed in MFA No.102543/2022
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Court immediately for being released in favour of
claimants in accordance with law.
SD/-
(C.M. POONACHA)
JUDGE
SH
