Karnataka High Court
Karnataka Niravari Nigama Limited vs The Special 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:15341-DB
MFA No. 105592 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. 105592 OF 2023 (LAC)
BETWEEN:
KARNATAKA NIRAVARI NIGAMA LIMITED,
BY ITS EXECUTIVE ENGINEER, KNNL, MLBCC, DIV. NO.2,
NAVILUTEERTH-591126, TAL. SAUNDATTI, DIST. BELAGAVI.
...APPELLANT
(BY SMT. SURABHI RAVINDRA KULKARNI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
MP-III, BAGALKOT, NOW AT SECTOR NO.60,
NAVANAGAR, BAGALKOT-587103.
2. BHIMAPPA GANGAPPA BALANAYAKAR,
Digitally signed
by JAGADISH T R AGE. MAJOR, OCC. AGRICULTURE,
Location: High
Court of
R/O. GARJUR VILLAGE -591104,
Karnataka,
Dharwad Bench TAL. BAILHONGAL, DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR RESPONDENT/STATE)
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. 1070/2017 DATED 18.03.2019 ON
THE FILE OF LEARNED I ADDL. DISTRICT & SESSIONS JUDGE,
BELAGAVI AND ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT
& AWARD PASSED BY THE LEARNED I ADDL. DISTRICT & SESSIONS
JUDGE, BELAGAVI IN LAC NO. 1070/2017 DATED 18.03.2019.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-D:15341-DB
MFA No. 105592 of 2023
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 is directed to accept notice for
respondent/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 18.3.2019 passed in LAC
No.1070/2017 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.6,09,600/- per acre.
3. There is a delay of 956 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:15341-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
