Karnataka High Court
The Executive Engineer vs The Special Land Acquisition Officer on 23 October, 2024
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NC: 2024:KHC-D:15319
MFA No. 103244 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.103244 OF 2022 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER,
KNNL, ATHANI.
...APPELLANT
(BY SRI SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
MALAPRABHA PROJECT NO.3
BAGALKOTE.
2. GURUPADAYYA S/O. SANGANABASAYYA HIREMATH,
R/O: VAKKUND, TQ: BAILHONGAL,
DIST: BELAGAVI.
...RESPONDENTS
(BY SMT. KIRTILATA R PATIL, HCGP FOR R1)
Digitally signed
by YASHAVANT
NARAYANKAR
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
Location: High
Court of
Karnataka
SECTION 54(2) KARNATAKA LAND ACQUISITION ACT, PRAYING TO,
SET ASIDE THE JUDGMENT AND AWARD DATED 08.04.2022 PASSED
BY THE COURT OF I ADDITIONAL DISTRICT JUDGE, BELAGAVI AND
THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT
AUTHORITY, BELAGAVI IN L.A.C.NO.699/2019 AND CONFIRM THE
AWARD PASSED BY THE RESPONDENT NO.1 SLAO IN THE INTEREST
OF JUSTICE AND EQUITY AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-D:15319
MFA No. 103244 of 2022
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned HCGP takes notice for respondent No.1-State.
Notice is not issued to respondent No.2, since the appeal is
disposed off on a question of law.
2. 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
08.04.2022 passed by the Reference Court in LAC
No.699/2019 whereunder enhancement of compensation has
been accorded. The above appeal is filed beyond the
prescribed period of 60 + 60 = 120 days.
3. Section 74(1) along with the Proviso thereto
(sub-section (2) not being relevant) of the 2013 Act is
noticed for ready reference:
Hereinafter referred as "the 2013 Act"
NC: 2024:KHC-D:15319
"74. Appeal to High Court.
(1) The Requiring Body or any person aggrieved by the
Award passed by an Authority under section 69 may 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."
4. 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
ILR 2020 KAR 1897
Order dated 23.09.2024 passed in MFA No.102543/2022
NC: 2024:KHC-D:15319
request for referring the matter for reconsideration to a
larger Bench.
5. In view of the aforementioned, the appeal
is dismissed as barred by limitation.
6. 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.
7. 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
YAN
CT-ASC
