The High Court of Karnataka dismissed a Miscellaneous First Appeal filed under Section 64(1) of the Land Acquisition Act, 2013, holding it non-maintainable due to delay and reliance on a coordinate bench judgment.
The appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 102604 OF 2024 (LAC)
BETWEEN:
SHIRUR MALLAPPA S/O. SHIVAPPA, AGE. MAJOR, OCC. AGRICULTURE, R/O. MEVUNDI VILLAGE, TQ. MUNDARAGI, DIST. GADAG-582118.
…APPELLANT
(BY SRI. SHASHANK S. HEGDE, ADVOCATE)
AND:
Digitally signed by JAGADISH T R Location: High Court of Karnataka, Dharwad Bench
…RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR. AGA FOR R1)
THIS MFA IS FILED U/SEC.74 OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 17.02.2024 MADE IN LAC NO.220/2019 PASSED BY THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
Learned AGA is directed to accept notice for respondents/State.
2. This appeal is filed by the Beneficiary of acquisition under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20131 challenging the judgment and award dated 17.02.2024 passed in LAC No.220/2019 by the learned Addl. District and Sessions Judge, Gadag2 , whereby the Reference Court fixed market value of the acquired land at the rate of Rs.4,32,090/- per acre.
1 ‘Act, 2013’ for short
2 ‘Reference Court’, for short
3. There is a delay of 65 days in filing the appeal,
which is beyond the statutory permissible limit under the provisions of Act, 2013.
4. In view of the judgment of co-ordinate Bench of this Court in MFA No.102543/2022, disposed off on 23.09.2024, the present appeal is not maintainable. Accordingly, this appeal is dismissed in terms of judgment of this Court in MFA No.102543/2022, dated 23.09.2024.
Sd/(H.T.NARENDRA PRASAD) JUDGE
Sd/(VENKATESH NAIK T) JUDGE
JTR/ct-an List No.: 1 Sl No.: 30
1 issue framed by the court
Whether an appeal filed beyond the statutory time limit is maintainable.
Colour shows how this judgement treated each authority
MFA No.102543/2022, disposed off on 23.09.2024Followed¶35
1 provisions across 1 enactments
Shirur Mallappa S/o. Shivappa
Special Land Acquisition Officer, Singatalur Lift Irrigation Project
H.T. Narendra Prasad
Venkatesh Naik T
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
