Dismissed

The Karntaka Neeravari Nigam Ltd. v. the Spl Land Acquisition Officer

Karnataka HC28 Oct 2024MFA/100494/2024

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against a Land Acquisition Award because it was filed beyond the 120-day statutory limit. The court held that condonation of delay under Section 74(1) of the RFR Act, 2013 is not permissible.

What did the court decide?

Appeal dismissed as time barred; pending applications disposed of; amount transmitted to Reference Court.

The Karntaka Neeravari Nigam Ltd. Vs the Spl Land… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:15685 MFA No. 100494 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.100494 OF 2024 (LAC)

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BETWEEN:

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KARNATAKA NEERAVARI NIGAMA LTD., REP. BY ITS EXECUTIVE ENGINEER, MLBC, DIVISION NO.2, NAVILUTEERTH, TQ. SAVADATTI, DIST. BELAGAVI-591 116.

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…APPELLANT

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(BY SRI. K S PATIL, ADVOCATE)

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AND:

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THE SPL. LAND ACQUISITION OFFICER, MP III, BAGALKOT, DIST. BAGALKOT-587 101.

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IRAPPA SANNAKALLAPPA GODACHI AGE. 45 YEARS, OCC. R/O. HOLENAGALAPUR MALAKINAKOPPA, TQ. BAILHONGAL, DIST. BELAGAVI-591102.

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SAROJA HANGARAKI Digitally signed bySAROJA HANGARAKI Location: High Court ofKarnataka, DharwadBenchDate: 2024.11.1215:12:57 +0530

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…RESPONDENTS

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(BY SMT. KIRTILATA R PATIL, HCGP FOR R1)

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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 DATED 06.02.2019 AND AWARD DATED 18.02.2019 IN LAC NO.780/2017 PASSED BY THE HON’BLE I ADDITIONAL DISTRICT JUDGE, BELAGAVI & ETC.,

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

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

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NC: 2024:KHC-D:15685 MFA No. 100494 of 2024

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ORAL JUDGMENT

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

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Learned HCGP takes notice for respondent No.1. Notice is not issued to respondent No.2 since the appeal is disposed of on a question of law.

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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 06.02.2019 and 18.02.2019 passed by the Reference Court in LAC No.780/2017, 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 1067 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 (subsection (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:15685 MFA No. 100494 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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4 - NC: 2024:KHC-D:15685 MFA No. 100494 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:15685 MFA No. 100494 of 2024

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