Dismissed

The Karnataka Niravari Ltd., v. Sri Gangappa Yamanappa Madar

Karnataka HC28 Oct 2024MFA/101071/2023

Case brief

AI extract

What is this about?

Land acquisition authority appealed late (233-day delay) against compensation enhancement. Relying on Division Bench precedents holding Section 74 of the 2013 Act mandatory and its proviso a strict outer limit, the High Court dismissed the condonation application and consequently the appeal, without examining merits.

What did the court decide?

Condonation application dismissed; appeal dismissed as barred by limitation; amount in deposit ordered transmitted to the Reference Court for release to claimants.

The Karnataka Niravari Ltd., Vs Sri Gangappa Yamanappa… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:15656 MFA No. 101071 of 2023

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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

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MISCELLANEOUS FIRST APPEAL NO.101071 OF 2023 (LAC)

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BETWEEN:

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THE KARNATAKA NIRAVARI LTD., HBC ATHANI -591 304, REP. BY ITS EXECUTIVE ENGINEER,

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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 GANGAPPA YAMANAPPA MADAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: SATTI, TQ: ATHANI, DIST: BELAGAVI – 591 304.

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THE SPL. LAND ACQUISITION OFFICER, HBC ATHANI, TQ: ATHANI, DIST: BELAGAVI – PINCODE: 591 304.

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SAROJA HANGARAKI

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…RESPONDENTS

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

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Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2024.11.12 12:36:46 +0530

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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, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 07.02.2022 MADE IN L.A.C.NO. 1036/2018 PASSED BY THE COURT OF I ADDITIONAL DISTRICT JUDGE AND LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, BELAGAVI BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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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:15656 MFA No. 101071 of 2023

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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. 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 07.02.2022 passed by the Reference Court in LAC No.1036/2018, 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 233 days in filing the appeal. An application is filed seeking condonation of delay.

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1 Hereinafter referred as “the 2013 Act”

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3 - NC: 2024:KHC-D:15656 MFA No. 101071 of 2023

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Section 74(1) along with the Proviso thereto

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(sub-section (2) not being relevant) of the 2013 Act is noticed for ready reference:

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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

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2 ILR 2020 KAR 1897

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4 - NC: 2024:KHC-D:15656 MFA No. 101071 of 2023

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liable to be favourably considered. Further, a Division Bench of this Court in the case of THE EXECUTIVE

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ENGINEER VS. SPECIAL LAND ACQUISITION 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

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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

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to transmit the amount in deposit, if any, to the Reference

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

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5 - NC: 2024:KHC-D:15656 MFA No. 101071 of 2023

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Court immediately for being released in favour of claimants in accordance with law. In view of dismissal of this appeal, pending Interlocutory Applications does not

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survive for consideration.

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Sd/(C.M. POONACHA) JUDGE

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ND CT-ASC List No.: 2 Sl No.: 8

The Karnataka Niravari Ltd., v. Sri Gangappa Yamanappa Madar

Case brief

What is this about?

What did the court decide?

The Karnataka Niravari Ltd., v. Sri Gangappa Yamanappa Madar

Case brief

What is this about?

What did the court decide?

What the court decided

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