In a Miscellaneous First Appeal regarding land acquisition compensation, the High Court of Karnataka dismissed the appeal as barred by limitation due to a 195-day delay, citing the mandatory nature of Section 74(1) of the 2013 Act.
Appeal dismissed as barred by limitation.
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:15094 MFA No. 103634 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.103634 OF 2024 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LTD., SNGATALUR LIFT IRRIGATION SCHEME, HUVINAHADAGALI.
…APPELLANT
(BY SRI SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA Date: 2024.10.29 13:14:16 +0530
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2)
THIS MFA IS FILED U/SEC.54(2) OF KARNATAKA LAND ACQUISITION ACT, PRAYING TO, ALLOW THE PRESENT APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 25.11.2023 PASSED BY THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG IN LAC NO. 353/2019 AND CONFIRM THE AWARD PASSED BY THE RESPONDENT NO. 2 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned HCGP takes notice for respondent Nos.1 and 2-State. Notice is not issued to respondent No.3(A), since the appeal is disposed off on a question of law.
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
3 Order dated 23.09.2024 passed in MFA No.102543/2022
request for referring the matter for reconsideration to a larger Bench.
dismissed as barred by limitation.
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.
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.
Sd/(C.M. POONACHA) JUDGE
YAN CT-ASC List No.: 2 Sl No.: 39
1 issue framed by the court
Whether a first appellate appeal filed under Section 74(1) of the 2013 Act beyond the stipulated period of 120 days is maintainable.
Colour shows how this judgement treated each authority
THE DEPUTY COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, BENGALURU VS. M/S. S.V. GLOBAL MILL LIMITEDDistinguished¶27
THE DEPUTY COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, BENGALURU VS. M/S. S.V. GLOBAL MILL LIMITED, CHENNAI
THE EXECUTIVE ENGINEER VS. SPECIAL LAND ACQUISITION OFFICERDistinguished¶27
THE EXECUTIVE ENGINEER VS. SPECIAL LAND ACQUISITION OFFICER
1 provisions across 1 enactments
THE EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LTD.
THE GOVERNMENT OF KARNATAKA, DEPUTY COMMISSIONER, GADAG
THE SPECIAL LAND ACQUISITION OFFICER, SNGATALUR LIFT IRRIGATION PROJECT
KARIYAPPA SINCE DECEASED BY LTS. SANNAHANAMAPPA KARIYAPPA SOMANAKATTI
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
