Karnataka High Court
The Slao vs Smt Padmavati W/O Annappa Kate on 21 November, 2024
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NC: 2024:KHC-D:16998
MFA No. 105142 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.105142 OF 2024 (LAC)
BETWEEN:
1. THE SLAO, ASSISTANT COMMISSIONER,
JAMKHANDI AND ANOTHER - 587 301.
2. THE STATE OF KARNATAKA, REPRESENTED BY
DEPUTY COMMISSIONER, BAGALKOT.
...APPELLANTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
AND:
1. SMT PADMAVATI W/O. ANNAPPA KATE,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: MUDHOL, TQ: MUDHOL, DIST: BAGALKOT.
2. SMT JOTI W/O. SANJAY PAWAR,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O: MUDHOL, TQ: MUDHOL, DIST: BAGALKOT.
Digitally signed
by SAROJA
HANGARAKI
3. UMESH S/O. ANNAPPA KATE,
Location: High AGE: 32 YEARS, OCC: AGRICULTURE,
Court of
Karnataka R/O: MUDHOL, TQ: MUDHOL, DIST: BAGALKOT.
...RESPONDENTS
(BY SRI PAVAN B. DODDATTI,
ADVOCATE FOR C/R1 AND C/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, SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT SITTING
AT JAMKHANDI AND THE LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT AUTHORITY, JAMKHANDI IN LAC NO.5206/2021,
DATED 16.12.2023 BY ALLOWING THIS APPEAL IN THE INTEREST OF
JUSTICE AND ETC.,
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NC: 2024:KHC-D:16998
MFA No. 105142 of 2024
THIS APPEAL, COMING ON FOR ORDER, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
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 16.12.2023
passed by the Reference Court in LAC No.5206/2021
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 219 days
in filing the appeal.
2. 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"
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"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."
3. 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
ILR 2020 KAR 1897
Order dated 23.09.2024 passed in MFA No.102543/2022
NC: 2024:KHC-D:16998
request for referring the matter for reconsideration to a
larger Bench.
4. In view of the aforementioned, the appeal is
dismissed as barred by limitation.
5. 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.
6. 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
PMP/CT-ASC
