A first miscellaneous appeal challenging the market value fixed by the Reference Court under Section 64(1) of the 2013 Act was dismissed. The Court held the appeal was not maintainable due to the judgment in MFA No.102543/2022.
Appeal dismissed as not maintainable in terms of the judgment in MFA No.102543/2022.
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:15339-DB MFA No. 103555 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD 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. 103555 OF 2023 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER, KNNL, GRBC, HIDKAL DAM, DIV.NO.2, HIDKAL 591107.
…APPELLANT
(BY SRI. M. B. KANAVI, ADVOCATE)
AND:
Digitally signed by JAGADISH T R Location: High Court of Karnataka, Dharwad Bench
NC: 2024:KHC-D:15339-DB MFA No. 103555 of 2023
TQ & DIST. BELAGAVI-590018.
…RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR RESPONDENT/STATE)
THIS MFA IS FILED U/SEC.74 OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO CALL FOR RECORDS IN LAC NO. 991/2017, DATED 01.03.2019 ON THE FILE OF IST ADDL. DISTRICT JUDGE, BELAGAVI AND ALLOW THE AFOREMENTIONED APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.03.2019 PASSED IN LAC NO. 991/2017 BY THE IST ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, AND DISMISS THE REFERENCE COURT ORDER AND ETC.
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 5.3.2019 passed in LAC No.991/2017 by the learned I Addl. District and Sessions Judge, Belagavi2 , whereby the Reference Court fixed market value of the acquired land at the rate of Rs.5,40,000/- per acre.
3. There is a delay of 777 days in filing the appeal,
which is beyond the statutory permissible limit under the provisions of Act, 2013.
1 ‘Act, 2013’ for short
2 ‘Reference Court’, for short
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.: 25
2 issues framed by the court
Whether the first miscellaneous appeal filed by the beneficiary under Section 64(1) of the 2013 Act to challenge the market value fixed by the Reference Court is maintainable in light of a judgment of
Whether the appeal is maintainable despite a delay of 777 days which exceeds the statutory limit under the 2013 Act.
Colour shows how this judgement treated each authority
MFA No.102543/2022Followed¶4
2 provisions across 2 enactments
THE EXECUTIVE ENGINEER, KNNL, GRBC, HIDKAL DAM, DIV.NO.2, HIDKAL
SHRI NARAYAN PARASU PATIL
SHRI MARUTI PARASU PATIL
SHANKAR BABAJI PATIL
VILAS BABAJI PATIL
THE SPECIAL LAND ACQUISITION AND THE PRINCIPAL SECRETARY, GOVT OF KARNATAKA
H.T. NARENDRA PRASAD
VENKATESH NAIK T
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
