Dismissed

The Land Acquisition Officer v. Late Somareppa S/o Pampanna Kambali Deceased His Lrs, Sanjeevappa S/o Late Somareppa Kambali Deceas

Karnataka HC28 Oct 2024MFA/100459/2024

Case brief

AI extract

What is this about?

The High Court dismissed a Miscellaneous First Appeal filed under the 2013 Act against an award enhancing land acquisition compensation. The appeal was found to be filed beyond the 120-day statutory limit without sufficient cause for condonation. The court ruled Section 74(1) is mandatory.

What did the court decide?

The application for condonation of delay was dismissed, and consequently, the miscellaneous first appeal seeking enhancement of compensation was dismissed. The amount in deposit was directed to be tra

The Land Acquisition Officer Vs Late Somareppa S/o… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:15683 MFA No. 100459 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 28^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 100459 OF 2024 (LAC)

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BETWEEN:

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THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, KOPPAL 583231.

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THE EXECUTIVE ENGINEER, MINOR IRRIGATION, DIVISION, KOPPAL 583231.

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THE DEPUTY COMMISSIONER, KOPPAL 583231.

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THE SECRETARY TO GOVT., MINOR IRRIGATION DEPARTMENT, VIKASA SOUDA, BENGALURU 560001.

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…APPELLANTS

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(BY SMT. KIRTILATA R. PATIL, HCGP)

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AND:

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Digitally signed by SAROJAHANGARAKI Location: SAROJAHANGARAKI High Courtof Karnataka,Dharwad Bench Date: 2024.11.12 15:12:35 +0530

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LATE SOMAREPPA S/O PAMPANNA KAMBALI DECEASED HIS LRS, SANJEEVAPPA S/O LATE SOMAREPPA KAMBALI DECEASED HIS LRS., FAKEERAVVA W/O LATE SANJEEVAPPA KAMBALI AGE. MAJOR, OCC. AGRIL,/HOUSEHOLD, R/O GABBUR /HALAHALLI, TQ & DIST. KOPPAL 583228.

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…RESPONDENT 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 SETASIDE THE JUDGMENT AND AWARD PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL AND IN LAC.NO.202/2019, DATED 17.04.2023 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE.

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

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NC: 2024:KHC-D:15683 MFA No. 100459 of 2024

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CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

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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.202/2019, 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 160 days in filing the appeal. An application is filed seeking condonation of delay.

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

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1 Hereinafter referred as “the 2013 Act”

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3 - NC: 2024:KHC-D:15683 MFA No. 100459 of 2024

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“ 74. Appeal to High Court.

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(1) The Requiring Body or any person aggrieved by the Award passed by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award:

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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.”

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The language of Sub-section (1) of Section 74

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and the proviso thereof of the 2013 Act is clear. Further, a Division Bench of this Court in the case of THE DEPUTY

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COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, BENGALURU VS. M/S. S.V. GLOBAL MILL

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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

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2 ILR 2020 KAR 1897

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NC: 2024:KHC-D:15683 MFA No. 100459 of 2024

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OFFICER³ has declined the request for referring the matter for reconsideration to a larger Bench.

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In view of the aforementioned, the application seeking condonation of delay is dismissed. Consequently, the appeal is also dismissed.

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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.

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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.

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

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NC: 2024:KHC-D:15683 MFA No. 100459 of 2024

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