IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 23^rd DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

MFA NO.100517/2020(LAC)

BETWEEN

1 . THE ASSISTANT COMMISSIONER

AND LAND ACQUSITION OFFICER,

KARNATAKA STATE HIGH WAY PROJECT

SUB-DIV-2, BELAGAVI

PIN CODE:590001

2 . THE EXECUTIVE ENGINEER, KSHIP

DIV. HAVANUR, BUILDING

CLUB ROAD, BELAGAVI

PIN CODE:590001

...APPELLANTS

(BY SRI.V.S.KALASURMATH, ADV.)

AND

1 . YALLAPPA MALLAPA SHIVAPUR

MAJAOR, SINCVE DECEASED BY HIS LRS.

1)SMT. KALLAVVA W/O YALLAPA SHIVAPUR

AGE:65 YEARS

R/O HALLUR VILLAGE,

TQ: MUDALAGI

DIST: BELAGAVI

PIN CODE:591312

2 . SMT. SUMITRA W/O LAXMAN CHOUGALA

AGE:41 YEARS

R/O: BAGEWADI VILLAGE

TQ: HUKKERI

DIST: BELAGAVI

PIN CODE: 591109

2

3 . SHRI. ASHOK S/O YALLAPPA SHIVAPUR

AGE:38 YEARS

R/O HALLUR VILLAGE

T: MUDALAGI

DIST: BELAGAVI

PIN CODE:591312

4 . SHRI. BALAPPA S/O YALLAPPA SHIVAPUR

AGE:36 YEARS

R/O HALLUR VILLAGE

T: MUDALAGI

DIST: BELAGAVI

PIN CODE:591312

5 . BHIMAPA S/O YALLAPA SHIVAPUR

AGE:30 YEARS

R/O HALLUR VILLAGE

T: MUDALAGI

DIST: BELAGAVI

PIN CODE:591312

…RESPONDENTS

(BY SRI.DEEPAK S KULKARNI, ADV. FOR C/R)

THIS

MFA

IS

FILED

U/SEC.74(1)

OF

RIGHT

TO

FAIR

COMPENSATION

AND

TRANSPARENCY

IN

LAND

ACQUISITION

REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE

JUDGMENT

AND

AWARD

DTD:08.04.2019

PASSED

IN

LAC.NO.1290/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT

JUDGE, BELAGAVI, AWARDING COMPENSATION OF RS. 46,000/- PER

GUNTA AND ETC.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

3

: JUDGMENT :

The captioned appeal is filed under The Right to

Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013. As per Section

74(1) of the above said Act, the appeal has to be filed

within a period of 60 days. However, proviso to Section

74(1) provides for further extension of 60 days. In all

aggrieved party would get 120 days to prefer an appeal.

2.

The present appeal is filed beyond 120 days.

Therefore, appeal is not maintainable. Accordingly, appeal

is dismissed.

3.

However, appellant is at liberty to seek revival of this

order in the event State succeeds before Hon’ble Supreme

Court where the present lis in regard to maintenance of

appeal beyond 120 days is pending for consideration.

Sd/-

JUDGE

HMB/-