Karnataka Neeravari Nigama Limited vs The Special Land
2024 Latest Caselaw 25271 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:15180-DB
                                                        MFA No. 103914 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. 103914 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 VIDHAN SOUDHA,
                        (DC OFFICE),
                                 -2-
                                        NC: 2024:KHC-D:15180-DB
                                        MFA No. 103914 of 2024




     HUBBALLI ROAD, GADAG-582103.


3.   VASAPPA S/O. HANAMAPPA NAGANUR,
     AGE. 67 YEARS,
     OCC. AGRICULTURE,
     R/O. SAMBHAPUR-581111,
     TAL. DIST. GADAG.


4.   NARAYAN S/O. HANAMAPPA NAGANUR,
     AGE. 67 YEARS,
     OCC. AGRICULTURE,
     R/O. SAMBHAPUR-581111,
     TAL. DIST. GADAG.


                                                      ...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1)


      THIS MFA IS 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. 27/2019 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.27/2019 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:15180-DB
                                               MFA No. 103914 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.27/2019 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:15180-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