The State Of Karnataka vs Srikant S/O Appayyaappa Patil
2024 Latest Caselaw 25920 Kant

Karnataka High Court

The State Of Karnataka vs Srikant S/O Appayyaappa Patil on 23 October, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                 -1-
                                                          NC: 2024:KHC-D:15347-DB
                                                        MFA No. 104019 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.104019 OF 2024 (LAC)


                   BETWEEN:

                   1.     THE STATE OF KARNATAKA
                          REPRESENTED BY DEPUTY COMMISSIONER,
                          BAGALKOTE-587 301.

                   2.     THE SPECIAL LAND ACQUISITION OFFICER
                          AND ASSISTANT COMMISSIONER,
                          JAMAKHANDI-587301.
                                                                     ...APPELLANTS
                   (BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE)


                   AND:

                   SRIKANT S/O. APPAYYAAPPA PATIL
                   AGE: 52 YEARS, OCC: AGRICULTURE,
                   R/O. SORAGANV VILLAGE, TQ: MUDHOL,
Digitally signed
by MANJANNA E      DISTRICT: BAGALKOT.
Location: HIGH
COURT OF
                                                                   ...RESPONDENT
KARNATAKA
DHARWAD
BENCH
Date: 2024.10.26        THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
10:33:34 +0530
                   COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
                   REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO,
                   CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND AWARD
                   PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE,
                   BAGALKOT TO SIT AT JAMKHANDI AND THE LAND ACQUISITION
                   REHABILITATION AND RESETTLEMENT AUTHORITY JAMAKHANDI
                   RESETTLEMENT AUTHORITY JAMAKHANDI, IN LAC NO. 5286/2021
                   DATED 06.11.2023 BY ALLOWING THIS APPEAL IN THE INTEREST OF
                   JUSTICE AND ETC.
                                -2-
                                         NC: 2024:KHC-D:15347-DB
                                       MFA No. 104019 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)

This appeal is filed by the State 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 06.11.2023

passed in LAC No.5286/2021 by the learned I Addl.

District and Sessions Judge, Bagalkot, whereby the

Reference Court fixed market value of the acquired land at

the rate of Rs.2,922/- per square feet.

2. There is a delay of 225 days in filing the appeal,

which is beyond the statutory permissible limit under the

provisions of the Act.

NC: 2024:KHC-D:15347-DB

3. 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.

4. 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 do

not survive for consideration.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

kmv Ct:VH