Karnataka High Court
The Chief Officer vs Dandannavar Ningappa Mailarappa on 19 November, 2024
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NC: 2024:KHC-D:16850
MFA No. 101459 of 2024
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. 101459 OF 2024 (LAC)
BETWEEN:
THE CHIEF OFFICER, ANNIGERI PURA SABHE,
ANNIGERI, TQ: NAVALGUND,
DIST: DHARWAD - 582 201.
...APPELLANT
(BY SRI SHRIKANT T. PATIL, ADVOCATE)
AND:
1. DANDANNAVAR NINGAPPA MAILARAPPA,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O: BASAPUR VILLAGE, TQ: NAVALAGUND,
DIST: DHARWAD - 582 201.
2. DANDANNAVAR KIRANKUMAR MAILARAPPA,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O: BASAPUR VILLAGE, TQ: NAVALAGUND,
DIST: DHARWAD - 582 201.
Digitally signed
by SAROJA
HANGARAKI 3. THE SPECIAL LAND ACQUISITION OFFICER,
Location: High
Court of
AND ASSISTANT COMMISSIONER,
Karnataka
DHARWAD SUB-DIVISION, DHARWAD,
DIST: DHARWAD - 580 001.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R3)
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,
THAT THE DECREE PASSED IN LAC NO. 40/2018 BY SECOND
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE
AT DHARWAD DATED 15.12.2022 BE SET ASIDE. THAT THE COST OF
THE PROCEEDING BE AWARDED TO THE APPELLANT AND ETC.,
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NC: 2024:KHC-D:16850
MFA No. 101459 of 2024
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.3. Notice
is not issued to respondent Nos.1 and 2 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 15.12.2022 passed by the
Reference Court in LAC No.40/2018, 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 387 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:
Hereinafter referred as "the 2013 Act"
NC: 2024:KHC-D:16850
"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
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.
ILR 2020 KAR 1897
Order dated 23.09.2024 passed in MFA No.102543/2022
NC: 2024:KHC-D:16850
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.
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
