Dismissed

The Executive Engineer, v. the Special Land Acqusition Officer

Karnataka HC6 Nov 2024MFA/102861/2023

Case brief

AI extract

What is this about?

Land acquisition authority filed an appeal against compensation enhancement awarded by the reference court with a delay of 768 days. Relying on Section 74(1)'s mandatory proviso and prior Division Bench rulings, the court dismissed the condonation application and consequently the appeal, without examining merits.

What did the court decide?

Condonation of delay application dismissed; appeal dismissed; amount in deposit to be transmitted to the Reference Court for release to claimants.

The Executive Engineer, Vs the Special Land Acqusition… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:16202 MFA No. 102861 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF NOVEMBER, 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.102861 OF 2023 (LAC)

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BETWEEN:

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THE EXECUTIVE ENGINEER, KNNL, MLBC, DIV.NO.2, NAVILUTEERTH – 591 126, TAL: SAUDATTI, DIST: BELAGAVI.

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…APPELLANT

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(BY SRI S. M. TONNE, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUSITION OFFICER, MP III DHARWAD.

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SHIVAPPA BASAPPA NAGANUR,

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SINCE DECEASED BY HIS LR'S

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C.S. NAGANUR,

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Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka

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AGE: 60 YEARS, OCC: AGRICULTURE, R/O: RAMAPUR SITE – 591 126, TAL: SAUNDATTI, DIST: BELAGAVI.

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(BY SRI K. ANANDKUMAR, ADVOCATE FOR C/R2; SMT. KIRTILATA R. PATIL, HCGP FOR R1)

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…RESPONDENTS

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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, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 22.03.2019 PASSED BY THE I ADDITIONAL DISTRICT AND SESSION JUDGE, BELAGAVI IN LAC NO.997/2018 BY ALLOWING THIS MFA WITH COSTS IN THE INTEREST OF JUSTICE AND ETC.,

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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NC: 2024:KHC-D:16202 MFA No. 102861 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.1State.

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This appeal is filed under Section 74(1) of the

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013¹

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laying a challenge to the Judgment & Award dated 22.03.2019 passed by the Reference Court in LAC No.997/2018 whereunder enhancement of compensation

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has been accorded. The above appeal is filed beyond the prescribed period of 60 + 60 = 120 days and there is a delay of 768 days in filing the appeal. An application is filed seeking condonation of delay.

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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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1 Hereinafter referred as “the 2013 Act”

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3 - NC: 2024:KHC-D:16202 MFA No. 102861 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 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

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2 ILR 2020 KAR 1897

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4 - NC: 2024:KHC-D:16202 MFA No. 102861 of 2023

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

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NC: 2024:KHC-D:16202 MFA No. 102861 of 2023

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