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2024 Supreme(Online)(KAR) 37647
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 103941 OF 2024 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER KNNL., SINGATALUR LIFT IRRIGATION PROJECT, MUNDARGI DIVISIN, MUNDARAGI, TQ MUNDARGI, DISTRICT GADAG-582118.
…APPELLANT (BY SRI. K S PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER SINGATALUR LIFT IRRIGATION PROJECT, HUVINAHADAGALI -583219, DIST. VIJAYANAGARA.
2. THE DEPUTY COMMISIONER GADAG DISTRICT, GADAG 582101.
3. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, SAROJA MULTI STOREYED BUILDING, HANGARAKI GOVERNMENT OF KARNATAKA, BENGALURU-560001.
DH LKBD+o eai a0Ag c nr t5Ni ena ct 3:taGa h 0i 2tl oA a 0y nR k 2:s a A 4Hi ,gK .D 1inI g 1he h .d a 1 Cr 2b wo y 1ua 2S rdt :A 5 oR 0fO :5J 4A
4. JANTI HALAPPA S/O CHINNAPPA, AGE MAJOR, OCC AGRICULTURE, R/O MEVUNDI VILLAGE, TQ MUNDARGI, DIST. GADAG -582101.
…RESPONDENTS (BY SRI.SHIVAPRABHU S HIREMATH, AGA FOR R1 TO R2)
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 ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT 17.02.2024 AND AWARD DATED 01.03.2024 IN LAC NO.228/2019 PASSED BY THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG & ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
ere G aks notice for respondent Nos.1 and .Noice is not issued to rspodent No.3 since the peli isosed of on aquestion of law.
.Ths appeal is iled under Section 74(1) of the ih oFar Compensation and Transparency in Land custo,Rhblttin and Resettlement Act, 20131 aigacalenge to the udgment & Award dated 70.04ad0.3.024 passedby the Reference or nLA No.228/201, whereunder nhancement f opnainhsbe ccrded. The above appeal s ie eon the prescribed perod of 60 + 60 = 120 days n hee is a delay of 134 days in filing the appeal.
.Setion 74(1) along with the Proviso thereto sbscin()ntbin relevant) of the 201 Act is oie o eay eference:
7.Apelto High Court.
1 heRequirin Body o any person gree yteAwrd passed by an Authority ne etin 69 may file an appeal to the High or ihi sixty days from the dae of Award:
rvddta heHig Court may, if it is aife htte ppelant was prevented by ufcetcuefomfiling the appeal wihi the adprid, allow it to be filed within a further eidntexeeding sixty days.
.Th language of Sub-section (1) of Section 74 n heproviso thereof of the 2013 Act is clear.Further, a iiinBnhofthis Court in the case of THE DEPUTY OMSINRADSEIL AND ACQUISITIN FIE,BNAUR VS. M/S. S.V. GLOBAL MILL IIE,CENI2 ha examne the matter in great ealadhed that Setion 74 ofthe 2013 Act is adtr nntread an applction for condonatio of
ea eon the statutorily permissible timelimit is not ibet e avourably considered. urther, a Division ec fths Court in te case of THE EXEUTIV NIERV.SECAL LAND ACQUIITION FIE3hsdecined the request for referig he atrfrreonideration to a larger Bench.
.Inview of the aforementioned,the appeal is imse sbredby limitation.
.Itis made cear tat his Court has not xmndtemttr on merits with eard to the utiaiiyo edtrintion ofmarket vale and osqetehneen of compensation awarded by the eeec or.Th dismissal o his appeal is subject to h ecsion in SLP Nos.215 2016 of 2023 (M/s S.V lblMl Lmied) ending befre the on’ble Apex or.
.Inview of dismisal of this appeal, the egistry otrnsmit te amount i deposit, if any, to the Refrence
or medaely for being released in favour of liat nacrdnce with law.
