Karnataka High Court
The Executive Engineer vs The Spl Land Acquisition Officer on 23 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:15348-DB
MFA No. 104039 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. 104039 OF 2024 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAM LTD.,
GBC DIVISION NO.5, KOUJALGI,
TALUK: GOKAK, DIST: BELAGAVI-591227.
...APPELLANT
(BY SRI. K.S.PATIL, ADVOCATE)
AND:
1. THE SPL. LAND ACQUISITION OFFICER
HIDKAL DAM PROJECT, HIDKAL DAM,
TALUK: HUKKERI, DIST: BELAGAVI-591107.
2. SMT. RATNAVVA W/O. NINGAPPA CHINCHALI,
BY HER SPECIAL POWER OF ATTORNEY
HOLDER SHRI NINGAPPA SHAN
Digitally signed
by MANJANNA E KAREPPA CHINCHALI,
Location: HIGH
COURT OF
AGE: 50 YEARS, OCC: AGRI.,
KARNATAKA
DHARWAD
R/O. HULKUND VILLAGE,
BENCH
Date: 2024.10.26
TQ: RAMDURG, DIST: BELAGAVI-591123.
10:33:34 +0530 ...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, ADDL. GOVT. ADVOCATE FOR R1;
SRI. SHIVARAJ P.MUDHOL, ADV. FOR CAVEAT RESPONDENT NO.2)
THIS MFA IS FILED U/SEC.74 (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. 933/2019 PASSED BY THE I
ADDITIONAL DISTRICT JUDGE, BELAGAVI, AND THE LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY,
BELAGAVI AND SET ASIDE THE JUDGMENT DATED 14.03.2024 AND
AWARD DATED 26.03.2024 IN LAC NO.933/2019 PASSED BY THE I
ADDITIONAL DISTRICT JUDGE, BELAGAVI.
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NC: 2024:KHC-D:15348-DB
MFA No. 104039 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 accepts notice for respondent No.1.
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 14.03.2024/26.03.2024
passed in LAC No.933/2019 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.21,71,900/- per acre.
NC: 2024:KHC-D:15348-DB
3. There is a delay of 124 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. As a consequence, pending applications, if
any, do not survive for consideration.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
kmv
ct:VH
