The High Court of Karnataka dismissed an appeal challenging a land acquisition award due to an inordinate delay of 779 days. The Bench rejected the bonafide explanation for the delay and the appeal without considering the merits.
The application for condonation of delay and the appeal were both dismissed. Other applications were disposed of or rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 19TH DAY OF NOVEMBER, 2018
PRESENT
THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON’BLE MR. JUSTICE A.S.BELLUNKE
M.F.A.NO.102683/2014 (LAC)
BETWEEN:
THE UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER THROUGH THE DEPUTY CHIEF ENGINEER (CONSTRUCTION DEPARTMENT) SOUTH WESTERN RAILWAY, HUBLI.
… APPELLANT
(BY SMT.ANURADHA DESHPANDE, ADVOCATE)
AND:
S/O BASAPPA, ALIAS BASAVANEPPA KAMALE, AGE : MAJOR, R/O CHICKAMALLIAGAWAD, TQ/DIST DHARWAD.
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…RESPONDENTS
(BY SRI LINGESH V KATTEMANE, ADVODATE FOR SRI S.G.KADADAKATTI, ADVOCATE FOR R.1)
THIS APPEAL IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, 1894 AGAINST THE JUDGMENT AND AWARD DATED 27.03.2012 IN LAC NO.32/2010 PASSED BY THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD.
THIS APPEAL COMING ON FOR HEARING ON IA THIS DAY, NAGARATHNA, J. , DELIVERED THE FOLLOWING:
J U D G M E N T
There is a delay of 779 days in filing the appeal.
submits that similar appeals filed by the appellant herein have been dismissed by this Court and similar judgment
may be passed in this appeal also.
that this Court may dismiss the appeal.
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applicants submits that they have right, title and interest in the compensation awarded by the Reference Court.
furnished a copy of the judgment passed in M.F.A. No.100202/2015 (LAC) in the case of Union of India, represented by its General Manager-III (Construction Department), South Western Railways, Hubli Vs. Gouravva and Another, to submit that this appeal could be dismissed by following the judgment in the aforesaid case.
6. Learned counsel for the respondents submit
that a similar judgment may be passed in this appeal also.
aforesaid appeal.
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8. This appeal arises out of the judgment in
LAC.No.32/2010 passed by the II Addl. Senior Civil Judge, Dharwad. That in M.F.A.No.100202/2015, the judgment passed was in respect of LAC No.22/2010 by
the II Additional Senior Civil Judge, Dharwad. It is stated at the Bar that the acquisition notification considered in M.F.A.No.100202/2015 as well as in this appeal are one and the same.
No.100202/2015 reads as under :
“ This appeal by the appellant-Union of India is directed against the judgment and award dated 24.09.2012 passed by the II Addl. Senior Civil Judge, Dharwad, in L.A.C.No.22/2010.
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M.F.A.No.20268/2012 has awarded the compensation at the rate of Rs.98,700/- per gunta. The matter was taken to the Hon’ble Supreme Court by the Land Acquisition Officer and another as well as the claimant. The Hon’ble Supreme Court has dismissed the Special Leave Petitions. Therefore, I.A. for condonation of delay as well as the appeal may be dismissed.
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the Division Bench of this Court has awarded compensation at the rate of Rs.98,700/- per Gunta with all statutory benefits. The matter has been taken to the Hon’ble Supreme Court in Special Leave Petition both by the claimant as well as the beneficiary. It is stated, the Hon’ble Supreme Court has dismissed the Special Leave petitions.
application seeking condonation of delay of 779 days is dismissed as the reason assigned for the delay is not
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sufficient in law to be condoned. Consequently, the appeal also stands dismissed.
Since there is office objection on I.A.No.1/2016, the same stands dismissed.
SD/JUDGE
SD/JUDGE
EM/RK/-
2 issues framed by the court
Whether an appeal filed after an inordinate delay of 779 days without satisfactory explanation could be condoned
Whether the delay granted sufficient reason to consider the appeal on merits
THE UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER THROUGH THE DEPUTY CHIEF ENGINEER (CONSTRUCTION DEPARTMENT) SOUTH WESTERN RAILWAY, HUBLI.
AJJAPPA S/O NINGAPPA MULLAPPANAVAR
BASAVARAJ S/O BASAPPA
ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, DHARWAD.
B.V. NAGARATHNA
A.S. BELLUNKE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
