IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 104341 OF 2024 (LAC)

BETWEEN:

1. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, KOPPAL-583231.

2. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OFFICE, KUSHTAGI-583231.

3. THE DEPUTY COMMISSIONER, KOPPAL-583231.

…APPELLANTS (BY SMT. KIRTILATA R.PATIL, HCGP)

AND:

SHANKRAVVA W/O. BASAPPA MYADANERI, AGE. 68 YEARS, OCC. AGRIL., Digitally signed R/O. HONAGADDI, TQ. KUSHTAGI, by SAROJA HANGARAKI DISTRICT. KOPPAL-583277.

Location: High Court of …RESPONDENT Karnataka THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 74 (1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT KOPPAL IN LAC NO.201/2020 DATED 17.04.2023 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE.

THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER/JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

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 17.04.2023 passed by the Reference Court in LAC No.201/2020, whereunder enhancement of compensation has been accorded. The above appeal is filed beyond the prescribed period of 60 + 60 = 120 days and there is a delay of 473 days in filing the appeal.

2. Section 74(1) along with the Proviso thereto (sub-section (2) not being relevant) of the 2013 Act is noticed for ready reference:

“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

1 Hereinafter referred as “the 2013 Act”

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.”

3. 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 request for referring the matter for reconsideration to a larger Bench.

2 ILR 2020 KAR 1897

3 Order dated 23.09.2024 passed in MFA No.102543/2022

4. In view of the aforementioned, the appeal is dismissed as barred by limitation.

5. 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.

6. 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 ND List No.: 2 Sl No.: 192