Shirur Mallappa S/O Shivappa vs The Special Land Acquisiton Officer
2024 Latest Caselaw 25268 Kant

Karnataka High Court

Shirur Mallappa S/O Shivappa vs The Special Land Acquisiton Officer on 22 October, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                    -1-
                                                               NC: 2024:KHC-D:15178-DB
                                                               MFA No. 102604 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. 102604 OF 2024 (LAC)

                      BETWEEN:

                      SHIRUR MALLAPPA S/O. SHIVAPPA,
                      AGE. MAJOR, OCC. AGRICULTURE,
                      R/O. MEVUNDI VILLAGE, TQ. MUNDARAGI,
                      DIST. GADAG-582118.
                                                                            ...APPELLANT
                      (BY SRI. SHASHANK S. HEGDE, ADVOCATE)

                      AND:

                      1.   THE SPECIAL LAND ACQUISITION OFFICER,
                           SINGATALUR LIFT IRRIGATION PROJECT,
                           HUVINAHADAGALI-583219.

                      2.   THE DEPUTY COMMISSIONER,
                           GADAG DISTRICT, GADAG-582101.

                      3.   THE PRINCIPAL SECRETARY,
Digitally signed by
JAGADISH T R               REVENUE DEPARTMENT, MULTI STORYED BUILDING,
Location: High
Court of Karnataka,        GOVERNMENT OF KARNATAKA, BENGALURU-560001.
Dharwad Bench

                      4.   THE EXECUTIVE ENGINEER,
                           SINGATALUR LIFT IRRIGATION PROJECT,
                           CLUB ROAD, HUBBALLI, MUNDARAGI DIVISION,
                           MUNDARAGI-582118.
                                                                        ...RESPONDENTS
                      (BY SRI. PRAVEEN K. UPPAR. AGA FOR R1)

                           THIS MFA IS FILED U/SEC.74 OF RIGHT TO FAIR COMPENSATION
                      AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
                      RESETTLEMENT ACT, 2013, PRAYING TO MODIFY THE JUDGMENT AND
                      AWARD DATED 17.02.2024 MADE IN LAC NO.220/2019 PASSED BY THE
                      COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG AND
                      CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE
                      INTEREST OF JUSTICE AND EQUITY.
                                       -2-
                                               NC: 2024:KHC-D:15178-DB
                                               MFA No. 102604 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

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 17.02.2024 passed in LAC

No.220/2019 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.4,32,090/- per

acre.

'Act, 2013' for short

'Reference Court', for short

NC: 2024:KHC-D:15178-DB

3. There is a delay of 65 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