Dismissed

Ukp Jamakhandi 587301 v. Prabhu S/O Basappa Honawad Age 37 Years Occ Agriculture R/O Venkatapur Oni Lokapur Tq Mudhol

Karnataka HC27 Sept 2024MFA/102539/2023

Case brief

AI extract

What is this about?

Land acquisition compensation appeal by the State was filed 61 days late. Holding that the 60-day limitation plus a maximum 60-day condonable period under Section 74(1) RFCTLARR Act is mandatory, the court rejected the delay condonation application as not maintainable and rejected the appeal.

What did the court decide?

None; appeal rejected, delay application dismissed, deposit ordered transmitted to the Reference Court for release to claimants.

Ukp Jamakhandi 587301 Vs Prabhu S/O Basappa Honawad Age… — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:14196-DB MFA No. 102539 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF SEPTEMBER, 2024

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PRESENT

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

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MISCELLANEOUS FIRST APPEAL NO. 102539 OF 2023 (LAC)

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BETWEEN:

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THE SPECIAL LAND ACQUISITION OFFICER, UKP, JAMAKHANDI 587301.

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THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, NAVANAGAR BAGALKOT 587101.

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…APPELLANTS

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(BY SRI. V. S. KALASURMATH, HCGP FOR APPELLANTS)

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AND:

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Digitally signed by JAGADISH T R

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Location: High Court of Karnataka, Dharwad Bench

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PRABHU S/O. BASAPPA HONAWAD, AGE 37 YEARS OCC. AGRICULTURE, R/O. VENKATAPUR ONI, LOKAPUR, TQ. MUDHOL, DIST. BAGALKOT 587313.

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…RESPONDENT

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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 KARNATAKA ACT, 2013, AGAINST THE JUDGMENT AND AWARD DATED 08.12.2022 PASSED IN LAC.NO.305/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING AT JAMKHANDI AND THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, JAMKHANDI, AWARDING COMPENSATION OF RS. 4,412/- PER ACRE.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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2 - NC: 2024:KHC-D:14196-DB MFA No. 102539 of 2023

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CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)

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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, 2013 for laying a challenge to the Judgment & Award dated 8.12.2022 entered by the Reference Court in land losers LAC No.305/2018 whereby a huge enhancement of compensation has been accorded. Apparently, appeal is filed beyond the prescribed period of 60 + 60 = 120 days. There is an admitted delay of 61 days in filing the appeal and an application seeking its condonation accompanies it.

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Section 74(1) along with the Proviso thereto (sub-section (2) not being relevant) of the 2013 Act has the following text:

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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

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3 - NC: 2024:KHC-D:14196-DB MFA No. 102539 of 2023

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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 this provision being as clear as Gangetic waters, in our view, does not admit any interpretation. A Coordinate Bench of this Court in THE DEPUTY COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, BENGALURU VS. M/S. S.V. GLOBAL MILL LIMITED, CHENNAI, ILR 2020 Kar 1897, having deeply examined all aspects of the said provision, has held that the same is mandatory and therefore, an application for condonation of delay beyond the statutory limit of sixty days, is impermissible. In our judgment dated 23.09.2024 rendered in M.F.A.No.102543/2022 between THE EXECUTIVE ENGINEER VS. SPECIAL LAND

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ACQUISITION OFFICER , we have declined the request for referring this matter for consideration at the hands of a Larger Bench of this Court u/s 7 of the Karnataka High

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4 - NC: 2024:KHC-D:14196-DB MFA No. 102539 of 2023

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Court Act, 1961, having respectfully agreed with the ratio laid down in the said decision.

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We reiterate that the limitation for filing appeal

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of the kind, as prescribed under Section 74(1) of the Act is 60 days; the condonable limit of delay as specified in the Proviso to sub-section (1) of this section is 60 days, as a maxima. Thus, in all, 120 days do avail for preferring the appeal, and after the expiry of this period, application for condonation of delay cannot be entertained. As a consequence, the appeal filed beyond 120 days also cannot be entertained. Concomitant of this is: the award passed by the Reference Court under the provisions of 2013 Act would become final once for all, consistent with the Parliamentary Policy enacted in the subject Proviso to sub-section (1) of section 74. Therefore, the application seeking condonation of delay which is admittedly beyond 60 days, regardless of arguably plausible explanation offered therefor, cannot be considered.

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5 - NC: 2024:KHC-D:14196-DB MFA No. 102539 of 2023

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In the above circumstances, the application seeking condonation of delay is rejected, as not being maintainable and as a consequence, the appeal is also rejected, costs having been made easy.

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In view of dismissal of this appeal, the Registry to transmit the amount in deposit to the Reference Court immediately for being released in favour of claimants in accordance with law.

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Sd/(KRISHNA S.DIXIT) JUDGE

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Sd/(VIJAYKUMAR A.PATIL) JUDGE

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JTR/ct-an List No.: 1 Sl No.: 14

Ukp Jamakhandi 587301 v. Prabhu S/O Basappa Honawad Age 37 Years Occ Agriculture R/O Venkatapur Oni Lokapur Tq Mudhol

Case brief

What is this about?

What did the court decide?

Ukp Jamakhandi 587301 v. Prabhu S/O Basappa Honawad Age 37 Years Occ Agriculture R/O Venkatapur Oni Lokapur Tq Mudhol

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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