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Karnataka Neeravari Nigama Limited vs The Special Land Acquisition Officer
2024 Latest Caselaw 25266 Kant

Citation : 2024 Latest Caselaw 25266 Kant
Judgement Date : 22 October, 2024

Karnataka High Court

Karnataka Neeravari Nigama Limited vs The Special Land Acquisition Officer on 22 October, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                   -1-
                                                            NC: 2024:KHC-D:15177-DB
                                                            MFA No. 102515 of 2024




                                   IN THE HIGH COURT OF KARNATAKA,

                                            DHARWAD BENCH

                               DATED THIS THE 22ND DAY OF OCTOBER, 2024

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

                       MISCELLANEOUS FIRST APPEAL NO. 102515 OF 2024 (LAC)

                      BETWEEN:

                      KARNATAKA NEERAVARI NIGAMA LIMITED,
                      BY ITS EXECUTIVE ENGINEER, KNNL,
                      ATHANI-591304, TQ. ATHANI, DIST. BELAGAVI.
                                                                          ...APPELLANT
                      (BY SRI. CHETAN MUNNOLI, ADVOCATE)

                      AND:

                      1.   THE SPECIAL LAND ACQUISITION OFFICER,
                           ATHANI-591304, TQ. ATHANI, DIST. BELAGAVI.

                      2.   SURAGONDA BANDU PATIL,
                           AGE. 59 YEARS, OCC. NOT KNOWN,
Digitally signed by        R/O. MANGASULI-591234,
JAGADISH T R
Location: High             TQ. KAGAWAD, DIST. BELAGAVI.
Court of
Karnataka,                                                              ...RESPONDENTS
Dharwad Bench
                      (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1)

                            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.36/2021 DATED 15.11.2023 ON THE
                      FILE OF LEARNED I ADDITIONAL DISTRICT JUDGE, BELAGAVI AND
                      THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT
                      AUTHORITY, BELAGAVI AND ALLOW THE APPEAL AND SET ASIDE
                      THE JUDGMENT AND AWARD PASSED BY THE I ADDITIONAL
                      DISTRICT JUDGE, BELAGAVI AND THE LAND ACQUISITION,
                      REHABILITATION AND RESETTLEMENT AUTHORITY, BELAGAVI
                      PASSED IN LAC NO.36/2021 DATED 15.11.2023 AND ETC.
                                       -2-
                                               NC: 2024:KHC-D:15177-DB
                                               MFA No. 102515 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)

Learned AGA is directed to accept notice for

respondent/State.

2. This appeal is filed by the Beneficiary of

acquisition under Section 64(1) of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 20131 challenging the

judgment and award dated 15.11.2023 passed in LAC

No.36/2021 by the learned I Addl. District and Sessions

Judge, Belagavi & the Land Acquisition, Rehabilitation &

Resettlement Authority, Belagavi2, whereby the Reference

Court fixed market value of the acquired land at the rate

of Rs.6,45,750/- per acre.

'Act, 2013' for short

'Reference Court', for short

NC: 2024:KHC-D:15177-DB

3. There is a delay of 50 days in filing the appeal,

which is beyond the statutory permissible limit under the

provisions of Act, 2013.

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

JTR/ct-an

 
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