Dismissed

The Karnataka Niravari Nigam Ltd. v. Sri Nagappa Alagonda Banahatti

Karnataka HC28 Oct 2024MFA/101074/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a Miscellaneous First Appeal filed under Section 74(1) of the 2013 Act as barred by limitation, citing a 218-day delay beyond the prescribed 120-day period, referencing mandatory procedural requirements.

What did the court decide?

The appeal was dismissed as it was filed beyond the prescribed period of limitation.

The Karnataka Niravari Nigam Ltd. Vs Sri Nagappa Alagonda… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:15657 MFA No. 101074 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.101074 OF 2023

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BETWEEN:

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THE KARNATAKA NIRAVARI NIGAM LTD., 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 NAGAPPA ALAGONDA BANAHATTI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BADAGI, TQ: ATHANI, DIST: BELAGAVI – 591 304.

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THE S.L.A.O.

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HIPPARAGI BARRIAGE PROJECT, ATHANI – 591 304.

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SAROJA HANGARAKI

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Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2024.11.12 12:36:58 +0530

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…RESPONDENTS

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

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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, AGAINST THE JUDGMENT AND AWARD DATED 15.03.2022 PASSED IN LAC.NO.309/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, AND THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, BELAGAVI AND ETC.,

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA

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NC: 2024:KHC-D:15657 MFA No. 101074 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 15.03.2022 passed by the Reference Court in LAC No.309/2018, 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 218 days in filing the appeal.

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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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“ 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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1 Hereinafter referred as “the 2013 Act”

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3 - NC: 2024:KHC-D:15657 MFA No. 101074 of 2023

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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 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

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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 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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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:15657 MFA No. 101074 of 2023

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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 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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Sd/(C.M. POONACHA) JUDGE

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ND CT-ASC List No.: 2 Sl No.: 9

The Karnataka Niravari Nigam Ltd. v. Sri Nagappa Alagonda Banahatti

Case brief

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The Karnataka Niravari Nigam Ltd. v. Sri Nagappa Alagonda Banahatti

Case brief

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