This Miscellaneous First Appeal challenged the award of enhanced compensation under the Land Acquisition Act, 2013. The High Court dismissed the appeal as barred by limitation due to a 285-day delay, citing mandatory statutory timelines and precedents.
Appeal dismissed for limitation; amount in deposit to be released immediately.
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 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 103988 OF 2024 (LAC)
BETWEEN:
KARNATAKA NEERAVARI NIGAMA LIMITED, BY ITS EXECUTIVE ENGINEER, SINGATALURU LIFT IRRIGATION PROJECT, KNNL, NO.1, MUNDARAGI-582118
…APPELLANT
(BY SRI. CHETAN MUNNOLI,ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA Date: 2024.10.29 13:18:33 +0530
…RESPONDENTS
(BY SMT.KIRTILATA R.PATIL, HCGP FOR R1 AND R2)
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 ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, GADAG AND LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, 2013., PASSED IN LAC NO. 69/2019 DATED 23.09.2023.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: 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
1 Hereinafter referred as “the 2013 Act”
has been accorded. The above appeal is filed beyond the prescribed period of 60 + 60 = 120 days and there is a delay of 285 days in filing the appeal.
“ 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.”
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
2 ILR 2020 KAR 1897
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
OFFICER3 has declined the request for referring the matter for reconsideration to a larger Bench.
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.
3 Order dated 23.09.2024 passed in MFA No.102543/2022
NC: 2024:KHC-D:15114 MFA No. 103988 of 2024
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
ND
List No.: 2 Sl No.: 62
3 issues framed by the court
Whether an appeal filed under Section 74(1) of the Land Acquisition Act, 2013 complies with the limitation period of 120 days when filed after 285 days of delay.
Whether the delay renders the appeal barred despite the statutory proviso allowing condonation upon sufficient cause.
Whether the matter should be examined on merits regarding compensation enhancement before the Apex Court decision.
Colour shows how this judgement treated each authority
EXECUTIVE ENGINEER VS. SPECIAL LAND ACQUISITION OFFICERReferred¶39
Order dated 23.09.2024 passed in MFA No.102543/2022
M/s S.V Global Mill LimitedReferred¶42
SLP Nos.215 -2016 of 2023 (M/s S.V Global Mill Limited)
1 provisions across 1 enactments
KARNATAKA NEERAVARI NIGAMA LIMITED
THE SPECIAL LAND ACQUISITION OFFICER
THE STATE OF KARNATAKA
BASAPPA S/O. SHANARAGOUDA HARTI
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
