Karnataka Neeravari Nigama Limited vs The Special Land
2024 Latest Caselaw 25267 Kant

Karnataka High Court

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

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                -1-
                                                       NC: 2024:KHC-D:15182-DB
                                                       MFA No. 103918 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. 103918 OF 2024 (LAC)

                   BETWEEN:


                   KARNATAKA NEERAVARI NIGAMA LIMITED,
                   BY ITS EXECUTIVE ENGINEER,
                   SINGATALURU LIFT IRRIGATION PROJECT,
                   KNNL, NO.1,
                   MUNDARAGI-582118.


                                                                   ...APPELLANT
                   (BY SRI. CHETAN MUNNOLI, ADVOCATE)

Digitally signed
by JAGADISH T
R
                   AND:
Location: High
Court of
Karnataka,
Dharwad Bench      1.   THE SPECIAL LAND ACQUISITION
                        OFFICER, KNNL,
                        SINGATALURU LIFT IRRIGATION PROJECT,
                        HUVINHADAGALI-583219,
                        DIST. BALLARI.


                   2.   THE STATE OF KARNATAKA,
                        REP. BY DEPUTY COMMISSIONER,
                        GADAG,
                        MINI VIDAN SOUDHA,
                                    -2-
                                           NC: 2024:KHC-D:15182-DB
                                           MFA No. 103918 of 2024




     (DC OFFICE),
     HUBBALLI ROAD,
     GADAG-582103.

3.   DEVARADDI
     S/O. FAIRADDI HONNARADDI,
     AGE. 40 YEARS,
     OCC. AGRICULTURE,
     R/O. SAMBHAPUR-581111,
     TAL. DIST. GADAG.
                                                       ...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1)


       THIS    MFA     FILED   U/SEC.64   (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. 26/2019 DATED 23.09.2023
ON THE FILE OF LEARNED PRINCIPAL DISTRICT AND SESSIONS
JUDGE, GADAG AND THE LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT AUTHORITY 2013 AND ALLOW THE APPEAL
AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, GADAG AND THE
LAND    ACQUISITION,       REHABILITATION        AND    RESETTLEMENT
AUTHORITY       2013     PASSED    IN    LAC    NO.    26/2019   DATED
23.09.2023.


       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
                                       -3-
                                               NC: 2024:KHC-D:15182-DB
                                               MFA No. 103918 of 2024




                             ORAL JUDGMENT

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

Learned AGA is directed to accept notice for

respondents/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 23.09.2023 passed in LAC

No.26/2019 by the learned Addl. District and Sessions

Judge, Gadag2, whereby the Reference Court fixed market

value of the acquired land at the rate of Rs.6,52,500/- per

acre.

3. There is a delay of 283 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:15182-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

JTR/ct-an