The Exeucutive Engineer vs The Spl. Land Acquisition Officer
2024 Latest Caselaw 25917 Kant

Karnataka High Court

The Exeucutive Engineer vs The Spl. Land Acquisition Officer on 23 October, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                   -1-
                                                         NC: 2024:KHC-D:15346-DB
                                                         MFA No. 103925 of 2024




                         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.103925 OF 2024 (LAC)


                   BETWEEN:

                   THE EXECUTIVE ENGINEER
                   RAMESHWAR LIFT IRRIGATION SCHEME
                   KOUJALGI DIVISION, KOUJALGI,
                   TALUK: GOKAK, DIST: BELAGAVI-591 227.
                                                                     ...APPELLANT
                   (BY SRI. K.S.PATIL, ADVOCATE)


                   AND:

                   1.     THE SPL. LAND ACQUISITION OFFICER
                          RAMESHWAR LIFT IRRIGATION SCHEME,
                          HIDKAL DAM, HIDKAL, TALUK: HUKKERI,
                          DIST: BELAGAVI-591 107.

                   2.     NAVIN DUNDAPPAGOUDA PATIL
Digitally signed
by MANJANNA E             AGE: 42 YEARS, OCC: AGRICULTURE,
Location: HIGH            R/O. HIREKOPPA, TQ: RAMDURG,
COURT OF
KARNATAKA
DHARWAD
                          DIST: BELAGAVI-591 123.
BENCH
Date: 2024.10.26
10:33:33 +0530     3.     RAJESH DUNDAPPAGOUDA PATIL
                          AGE: 36 YEARS, OCC: AGRICULTUER,
                          R/O. HIREKOPPA, TQ: RAMDURG,
                          DIST: BELAGAVI-591 123.

                                                                  ...RESPONDENTS

                   (BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE FOR R1)


                       THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
                   COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
                                -2-
                                        NC: 2024:KHC-D:15346-DB
                                        MFA No. 103925 of 2024




REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO,
CALL FOR THE RECORDS IN LAC NO. 211/2020 PASSED BY THE I
ADDITIONAL DISTRICT JUDGE AND THE LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT AUTHORITY, BELAGAVI 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


                          ORAL JUDGMENT

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

Learned AGA accepts notice for respondent

No.1/State.

2. This appeal is filed by the beneficiary of

acquisition under Section 74(1) of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (hereinafter

referred to as 'the Act', for short) challenging the

judgment and award dated 22.02.2024/01.03.2024

passed in LAC No.211/2020 by the learned I Addl. District

and Sessions Judge, Belagavi, whereby the Reference

Court fixed market value of the acquired land at the rate

of Rs.4,37,100/- per acre.

NC: 2024:KHC-D:15346-DB

3. There is a delay of 97 days in filing the appeal,

which is beyond the statutory permissible limit under the

provisions of the Act.

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.

5. 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

kmv CT:VH