Appeal under Section 74(1) of the 2013 Act against enhancement of land acquisition compensation was filed 768 days late. Following Division Bench precedent holding Section 74 mandatory, the court dismissed the condonation application and consequently the appeal, without examining merits, subject to pending SLP.
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.
NC: 2024:KHC-D:16203 MFA No. 102984 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.102984 OF 2023 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER, KNNL, MLBC, DIV.NO.2, NAVILUTEERTH – 591 126, TQ: SAUDATTI, DIST: BELAGAVI.
…APPELLANT
(BY SRI S. M. TONNE, ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1)
…RESPONDENTS
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.995/2018 BY ALLOWING THIS M.F.A WITH COSTS IN THE INTEREST OF JUSTICE AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
NC: 2024:KHC-D:16203 MFA No. 102984 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned HCGP takes notice for respondent No.1-
State. Notice is not issued to respondent No.2, since the appeal is disposed off on a question of law.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20131 laying a challenge to the Judgment & Award dated 22.03.2019 passed by the Reference Court in LAC No.995/2018 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 768 days in filing the appeal. An application is filed seeking condonation of delay.
(sub-section (2) not being relevant) of the 2013 Act is noticed for ready reference:
1 Hereinafter referred as “the 2013 Act”
“ 74. Appeal to High Court.
(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:
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.”
2 ILR 2020 KAR 1897
OFFICER3 has declined the request for referring the matter for reconsideration to a larger Bench.
seeking condonation of delay is dismissed. Consequently, the appeal is also dismissed.
3 Order dated 23.09.2024 passed in MFA No.102543/2022
NC: 2024:KHC-D:16203 MFA No. 102984 of 2023
interlocutory applications, if any, do not survive for
consideration.
SD/(C.M. POONACHA) JUDGE
PMP CT-ASC List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the delay of 768 days in filing an appeal under Section 74(1) of the 2013 Act could be condoned beyond the statutory maximum period.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
The Executive Engineer, KNNL, MLBC, Div. No.2, Naviluteerth
The Special Land Acquisition Officer, MP III Dharwad
Yallappa Donkappa Sangolli
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
