Karnataka High Court
The Executive Engineer vs The Spl. Land Acquisition Officer on 19 November, 2024
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NC: 2024:KHC-D:16834
MFA No. 103436 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. 103436 OF 2023 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA NEERAVARI NIGAM LTD.,
HBC ATHANI, DIST: BELAGAVI - 591 304.
...APPELLANT
(BY SRI K. S. PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
HBC, ATHANI,
DIST: BELAGAVI - 591 304.
2. THE STATE OF KARNATAKA,
REP. BY THE DEPUTY COMMISSIONER,
BAGALKOT, DIST: BAGALKOT - 587 101.
Digitally signed
by SAROJA
3. MALLAPPA S/O. DUNDAPPA PATIL,
HANGARAKI AGE: 69 YEARS, OCC: AGRI.,
Location: High
Court of R/O: MADANAMATTI,
Karnataka
TQ: RABAKAVI - BANAHATTI,
DIST: BAGALKOT - 587 314.
4. SHIVANAGOUDA S/O. SATTEPPA NEVANAI @
PATIL @ NEVINAL,
AGE: 67 YEARS, OCC: AGRI.,
R/O: MADANAMATTI,
TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOT - 587 314.
SHANKAR S/O. SATTEPPA NEVINAL,
DEAD BY HIS LRS.,
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MFA No. 103436 of 2023
5. DRAXAYINI W/O. SHANKAR NEVINAL @ PATIL,
AGE: 46 YEARS, OCC: AGRI.,
R/O: MADANAMATTI,
TQ: RABAKAVI - BANAHATTI,
DIST: BAGALKOT - 587 314.
6. SUJATA W/O. RAMESH HUBBALLI,
AGE: 39 YEARS, OCC: AGRI.,
R/O: MADANAMATTI, TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOT - 587 314.
7. JAYASHREE W/O. SURESH B. PATIL,
AGE: 34 YEARS, OCC: AGRI.,
R/O: MADANAMATTI,
TQ: RABAKAVI - BANAHATTI,
DIST: BAGALKOT - 587 314.
8. RAJASHREE @ JAYASHREE
W/O. SUDHEER @ SUDHEERKUMAR SANKA,
AGE: 33 YEARS, OCC: AGRI.,
R/O: MADANAMATTI,
TQ: RABAKAVI - BANAHATTI,
DIST: BAGALKOT - 587 314.
9. MAHANTESH S/O. SHANKAR NEVINAL @ PATIL,
AGE: 35 YEARS, OCC: AGRI.,
R/O: MADANAMATTI, TQ: RABAKAVI - BANAHATTI,
DIST: BAGALKOT - 587 314.
10. MALLAPPA S/O. SATTEPPA @
KALLAPPA NEVINAL @ PATIL,
AGE: 46 YEARS, OCC: AGRI.,
R/O: MADANAMATTI,
TQ: RABAKAVI - BANAHATTI,
DIST: BAGALKOT - 587 314.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2)
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 THE RECORDS IN LAC NO.855/2020 PASSED BY THE
I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT
AT JAMAKHANDI AND THE LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT AUTHORITY, JAMAKHANDI. ALLOW THE APPEAL
AND SET ASIDE THE JUDGMENT DATED 08.11.2022 AND AWARD
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MFA No. 103436 of 2023
DATED 21.11.2022 IN LAC NO.855/2020 PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT
AT JAMKHANDI 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 No.1 and
2. Notice is not issued to respondent Nos.3 to 10 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.855/2020, whereunder enhancement of
compensation has been accorded. The above appeal is
filed beyond the prescribed period of 60 + 60 = 120 days
Hereinafter referred as "the 2013 Act"
NC: 2024:KHC-D:16834
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
LIMITED, CHENNAI2, has examined the matter in great
detail and held that Section 74 of the 2013 Act is
ILR 2020 KAR 1897
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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
Global Mill Limited) pending before the Hon'ble Apex
Court.
Order dated 23.09.2024 passed in MFA No.102543/2022
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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/CT-ASC
