Karnataka High Court
Karnataka Neeravari Nigama Limited vs The Special Land on 20 November, 2024
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NC: 2024:KHC-D:17249
MFA No. 103900 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.103900 OF 2024 (LAC)
BETWEEN:
KARNATAKA NEERAVARI NIGAMA LIMITED,
BY ITS EXECUTIVE ENGINEER,
SINGATALURU LIFT IRRIGATION PROJECT,
KNNL NO.1, MUNDARAGI - 582 118.
...APPELLANT
(BY SRI CHETAN MUNNOLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KNNL, SINGATALURU LIFT IRRIGATION PROJECT,
HUVINHADAGALI - 583 219, DIST: BALLARI.
2. THE STATE OF KARNATAKA,
REPRESENTED BY DEPUTY COMMISSIONER,
GADAG, MINI VIDAN SOUDHA (DC OFFICE),
HUBBALLI ROAD, GADAG - 582 103.
SAROJA
HANGARAKI 3. SUDHIR S/O. VASUDEV HAVALAD,
Digitally signed by SAROJA
AGE: 44 YEARS, OCC: AGRICULTURE AND BUSINESS,
HANGARAKI
Location: High Court of
R/O: HEALTH CAMP, ASHOK ROAD
Karnataka, Dharwad Bench
Date: 2024.11.27 11:37:01
BETAGERI - 581 202, TQ: DIST: GADAG.
+0530
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, 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. 41/2019 DATED 23.09.2023 ON
THE FILE OF LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE,
GADAG AND THE LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT AUTHORITY 2013. ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, GADAG AND THE LAND
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NC: 2024:KHC-D:17249
MFA No. 103900 of 2024
ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY
2013 PASSED IN LAC NO. 41/2019 DATED 23.09.2023 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-
State. Notice is not issued to respondent No.3, since the
appeal is disposed off 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
23.09.2023 passed by the Reference Court in LAC
No.41/2009 whereunder enhancement of compensation has
been accorded. The above appeal is filed beyond the
prescribed period of 60 + 60 = 120 days and there is delay
of 283 days in filing the appeal.
Hereinafter referred as "the 2013 Act"
NC: 2024:KHC-D:17249
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 liable to be
ILR 2020 KAR 1897
NC: 2024:KHC-D:17249
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
Court immediately for being released in favour of claimants
in accordance with law.
Order dated 23.09.2024 passed in MFA No.102543/2022
NC: 2024:KHC-D:17249
8. In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration.
Sd/-
(C.M. POONACHA)
JUDGE
YAN/CT-ASC
