The Assistant Commissioner vs Parawati W/O Shivaji Nigade
2024 Latest Caselaw 28119 Kant

Karnataka High Court

The Assistant Commissioner vs Parawati W/O Shivaji Nigade on 25 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                 -1-
                                                        NC: 2024:KHC-D:17210-DB
                                                        MFA No. 103525 of 2024




                                 IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH
                            DATED THIS THE 25TH DAY OF NOVEMBER, 2024
                                              PRESENT
                           THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                 AND
                             THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                        MISCELLANEOUS FIRST APPEAL NO.103525 OF 2024 (LAC)

                   BETWEEN:

                   1.     THE ASSISTANT COMMISSIONER
                          AND LAO, JAMAKHANDI-587301.

                   2.     THE STATE OF KARNATAKA REP. BY
                          THE DEPUTY COMMISSIONER,
                          BAGALKOT DISTRICT BAGALKOT-587301.
                                                                 ...APPELLANTS
                   (BY SRI. SHARAD V.MAGADUM, ADDL. GOVT. ADVOCATE)

                   AND:

                   1.     PARAWATI W/O. SHIVAJI NIGADE,
                          AGE: MAJOR, OCC: AGRICULTURE,
                          R/O. MUDHOL VILLAGE, TQ: MUDHOL,
Digitally signed          DISTRICT: BAGALKOT-587301.
by MANJANNA E
Location: HIGH
COURT OF           2.     THE DEPUTY CHIEF ENGINEER,
KARNATAKA
DHARWAD                   SOUTHERN RAILWAY, HUBLI-580020.
BENCH                                                            ...RESPONDENTS
Date: 2024.11.27
12:32:00 +0530

                         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 ON THE FILE OF I ADDITIONAL DISTRICT AND
                   SESSIONS JUDGE, BAGALKOT, SITTING AT JAMAKHANDI AND THE
                   LAND    ACQUISITION,  REHABILITATION    AND   RESETTLEMENT
                   AUTHORITY, JAMAKHANDI LAC.NO.5297/2021, DATED 16.08.2023
                   BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND ETC.
                                     -2-
                                          NC: 2024:KHC-D:17210-DB
                                          MFA No. 103525 of 2024




     THIS APPEAL, COMING ON FOR ORDERS,                 THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:          THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                 AND
                 THE HON'BLE MR. JUSTICE VENKATESH NAIK T


                               ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

2. This appeal is filed by the Beneficiary of

acquisition under Section 74(1) of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 20131, challenging

the judgment and award dated 16.08.2023 passed in LAC

No.5297/2021 by the learned I Additional District and

Sessions Judge, Bagalkot2, whereby the Reference Court

fixed market value of the acquired land at the rate of

Rs.2,922/- per square feet.

3. There is a delay of 286 days in filing the appeal,

which is beyond the statutory permissible limit under the

provisions of Act, 2013.

'Act, 2013' for short

'Reference Court', for short

NC: 2024:KHC-D:17210-DB

4. In view of the judgment of co-ordinate Bench of

this Court in MFA No.102543/2022, disposed off on

23.09.2024, the present appeal is not maintainable.

Accordingly, this appeal is dismissed in terms of

judgment of this Court in MFA No.102543/2022, dated

23.09.2024.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

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