Karnataka High Court
The Executive Engineer vs Shri Narayan Parasu Patil on 23 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:15339-DB
MFA No. 103555 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD 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. 103555 OF 2023 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER,
KNNL, GRBC, HIDKAL DAM,
DIV.NO.2, HIDKAL 591107.
...APPELLANT
(BY SRI. M. B. KANAVI, ADVOCATE)
AND:
Digitally
signed by
1. SHRI NARAYAN PARASU PATIL,
JAGADISH T R
Location: AGE MAJOR, OCC. AGRICULTURIST,
High Court of
Karnataka,
Dharwad R/O. KINAYE VILLAGE,
Bench
TQ & DIST. BELAGAVI-590018.
2. SHRI MARUTI PARASU PATIL,
AGE MAJOR, OCC. AGRICULTURIST,
R/O. KINAYE VILLAGE,
TQ & DIST. BELAGAVI-590018.
3. SHANKAR BABAJI PATIL,
AGE MAJOR, OCC. AGRICULTURIST,
R/O. KINAYE VILLAGE,
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NC: 2024:KHC-D:15339-DB
MFA No. 103555 of 2023
TQ & DIST. BELAGAVI-590018.
4. VILAS BABAJI PATIL,
AGE MAJOR, OCC. AGRICULTURIST,
R/O. KINAYE VILLAGE,
TQ & DIST. BELAGAVI-590018.
5. THE SPECIAL LAND ACQUISITION,
HIDKAL DAM, BELAGAVI 591107.
6. THE PRINCIPAL SECRETARY,
GOVT OF KARNATAKA,
REVENUE DEPARTMENT,
M. S. BUILDING,
BENGALURU 560001.
...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR RESPONDENT/STATE)
THIS MFA IS FILED U/SEC.74 OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO CALL
FOR RECORDS IN LAC NO. 991/2017, DATED 01.03.2019 ON THE
FILE OF IST ADDL. DISTRICT JUDGE, BELAGAVI AND ALLOW THE
AFOREMENTIONED APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 05.03.2019 PASSED IN LAC NO. 991/2017 BY THE
IST ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, AND
DISMISS THE REFERENCE COURT ORDER AND ETC.
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
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NC: 2024:KHC-D:15339-DB
MFA No. 103555 of 2023
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 5.3.2019 passed in LAC
No.991/2017 by the learned I Addl. District and Sessions
Judge, Belagavi2, whereby the Reference Court fixed
market value of the acquired land at the rate of
Rs.5,40,000/- per acre.
3. There is a delay of 777 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:15339-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
