Karnataka High Court
The Special Land Acquisiton Officerand ... vs Shivabasappa S/O Ningappa Adoor Age ... on 30 October, 2024
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NC: 2024:KHC-D:16001
MFA No. 101548 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.101548 OF 2023 (LAC)
BETWEEN:
1. THE SPECIAL LAND ACQUISITON OFFICER,
AND ASSISTANT COMMISSIONER,
KOPPAL - 583 231.
2. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DIVISION,
KOPPAL - 583 231.
...APPELLANTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
AND:
SHIVABASAPPA S/O. NINGAPPA ADOOR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: MANNERALA, TQ: KUSHTAGI,
DIST: KOPPAL - 583 277.
Digitally signed ...RESPONDENT
by SAROJA
HANGARAKI (BY SRI LAXMAN T. MANTAGANI, ADVOCATE)
Location: High
Court of
Karnataka
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DATED 12.04.2022 PASSED IN
LAC.NO.190/2019 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, KOPPAL AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-D:16001
MFA No. 101548 of 2023
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
This appeal is filed under Section 74(1) of the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 20131 laying a
challenge to the Judgment & Award dated 12.04.2022
passed by the Reference Court in LAC No.190/2019
whereunder enhancement of compensation has been
accorded. The above appeal is filed beyond the prescribed
period of 60 + 60 = 120 days and there is a delay of 308
days in filing the appeal. An application is filed seeking
condonation of delay.
2. Section 74(1) along with the Proviso thereto
(sub-section (2) not being relevant) of the 2013 Act is
noticed for ready reference:
"74. Appeal to High Court.
(1) The Requiring Body or any person aggrieved by
the Award passed by an Authority under section 69 may
Hereinafter referred as "the 2013 Act"
NC: 2024:KHC-D:16001
file an appeal to the High Court within sixty days from the
date of Award:
Provided that the High Court may, if it is satisfied
that the appellant was prevented by sufficient cause from
filing the appeal within the said period, allow it to be filed
within a further period not exceeding sixty days."
3. The language of Sub-section (1) of Section 74
and the proviso thereof of the 2013 Act is clear. Further, a
Division Bench of this Court in the case of THE DEPUTY
COMMISSIONER AND SPECIAL LAND ACQUISITION
OFFICER, BENGALURU VS. M/S. S.V. GLOBAL MILL
LIMITED, CHENNAI2, has examined the matter in great
detail and held that Section 74 of the 2013 Act is mandatory
in nature and an application for condonation of delay beyond
the statutorily permissible time limit is not liable to be
favourably considered. Further, a Division Bench of this
Court in the case of THE EXECUTIVE ENGINEER VS.
SPECIAL LAND ACQUISITION OFFICER3 has declined the
request for referring the matter for reconsideration to a
larger Bench.
ILR 2020 KAR 1897
Order dated 23.09.2024 passed in MFA No.102543/2022
NC: 2024:KHC-D:16001
4. In view of the aforementioned, the application
seeking condonation of delay is dismissed. Consequently, the
appeal is also dismissed.
5. It is made clear that this Court has not examined
the matter on merits with regard to the sustainability of re-
determination of market value and consequent enhancement
of compensation awarded by the reference Court. The
dismissal of this appeal is subject to the decision in SLP
Nos.215 -2016 of 2023 (M/s S.V Global Mill Limited) pending
before the Hon'ble Apex Court.
6. In view of dismissal of this appeal, the Registry to
transmit the amount in deposit, if any, to the Reference
Court immediately for being released in favour of claimants
in accordance with law.
SD/-
(C.M. POONACHA)
JUDGE
SH
CT-ASC
