Dismissed

The Executive Engineer v. Sri Birappa Sidappa Hosamani

Karnataka HC22 Oct 2024MFA/101070/2023

Case brief

AI extract

What is this about?

State appeal under Section 74(1) of the 2013 Act against enhancement of compensation was filed 185 days late. Following Division Bench authority holding Section 74 mandatory, the court dismissed the appeal as barred by limitation without examining merits.

What did the court decide?

None to appellant; amount in deposit to be transmitted to the Reference Court for release to claimants.

The Executive Engineer Vs Sri Birappa Sidappa Hosamani — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:15194 MFA No. 101070 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF OCTOBER, 2024

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BEFORE

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

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MISCELLANEOUS FIRST APPEAL NO.101070 OF 2023 (LAC)

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BETWEEN:

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THE EXECUTIVE ENGINEER, KNNL, GRBCC DIV.NO.2, HIDAKAL DAM, TQ. HUKKERI, DIST. BELAGAVI-591309.

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…APPELLANT

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(BY SRI S.M. KALWAD, ADVOCATE)

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AND:

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SRI BIRAPPA SIDAPPA HOSAMANI, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. VANNUR, TQ. BAILHONGAL, DIST. BELAGAVI-590001.

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THE SPL. AND ACQUISITION OFFICER, HIDAKAL DAM, TQ. HUKKERI, DIST. BELAGAVI-590001.

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Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA

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…RESPONDENTS

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(BY SMT. KIRTILATA M.PATIL, HCGP FOR R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 74 (1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, AGAINST THE SET ASIDE THE JUDGMENT AND AWARD DATED 22.03.2022 MADE IN LAC.NO.462/2019 PASSED BY THE COURT OF I ADDITIONAL DISTRICT JUDGE AND THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, BELAGAVI BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC-D:15194 MFA No. 101070 of 2023

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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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Learned HCGP takes notice for respondent No.2.

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Notice is not issued to respondent No.1 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 22.03.2022 passed by the Reference Court in LAC No.462/2019, 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 185 days in filing the appeal.

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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:15194 MFA No. 101070 of 2023

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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 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

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2 ILR 2020 KAR 1897

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

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4 - NC: 2024:KHC-D:15194 MFA No. 101070 of 2023

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

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In view of the aforementioned, the appeal is

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dismissed as barred by limitation.

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It is made clear that this Court has not examined

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the matter on merits with regard to the sustainability of redetermination 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

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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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ND List No.: 2 Sl No.: 11

The Executive Engineer v. Sri Birappa Sidappa Hosamani

Case brief

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The Executive Engineer v. Sri Birappa Sidappa Hosamani

Case brief

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