Dismissed

The State of Karnataka v. Srikant S/O Appayyaappa Patil

Karnataka HC23 Oct 2024MFA/104019/2024

Case brief

AI extract

What is this about?

State appealed against an award fixing market value of acquired land at Rs.2,922 per square foot. The appeal was filed 225 days beyond the statutory limit; following a co-ordinate Bench judgment, the court held the appeal not maintainable and dismissed it.

What did the court decide?

None granted; appeal dismissed as not maintainable due to delay beyond the statutory period.

The State of Karnataka Vs Srikant S/O Appayyaappa Patil — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:15347-DB MFA No. 104019 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23^RD DAY OF OCTOBER 2024 PRESENT

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THE HON'BLE MR JUSTICE H.T.NARENDRA PRASAD AND

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THE HON'BLE MR JUSTICE VENKATESH NAIK T

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MISCELLANEOUS FIRST APPEAL NO.104019 OF 2024 (LAC)

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BETWEEN:

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THE STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER, BAGALKOTE-587 301.

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THE SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, JAMAKHANDI-587301.

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…APPELLANTS

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(BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE)

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AND:

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.10.26 10:33:34 +0530

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SRIKANT S/O. APPAYYAAPPA PATIL AGE: 52 YEARS, OCC: AGRICULTURE, R/O. SORAGANV VILLAGE, TQ: MUDHOL, DISTRICT: BAGALKOT.

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…RESPONDENT

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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, CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMKHANDI AND THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY JAMAKHANDI RESETTLEMENT AUTHORITY JAMAKHANDI, IN LAC NO. 5286/2021 DATED 06.11.2023 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND ETC.

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2 - NC: 2024:KHC-D:15347-DB MFA No. 104019 of 2024

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: THE HON'BLE MR JUSTICE H.T.NARENDRA PRASAD)

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This appeal is filed by the State under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act’, for short) challenging the judgment and award dated 06.11.2023 passed in LAC No.5286/2021 by the learned I Addl. District and Sessions Judge, Bagalkot, whereby the Reference Court fixed market value of the acquired land at the rate of Rs.2,922/- per square feet.

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There is a delay of 225 days in filing the appeal,

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which is beyond the statutory permissible limit under the provisions of the Act.

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NC: 2024:KHC-D:15347-DB MFA No. 104019 of 2024

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In view of the judgment of co-ordinate Bench of

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this Court in MFA No.102543/2022, disposed off on 23.09.2024, the present appeal is not maintainable.

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Accordingly, this appeal is dismissed in terms of judgment of this Court in MFA No.102543/2022, dated 23.09.2024. As a consequence, pending applications do not survive for consideration.

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Sd/(H.T.NARENDRA PRASAD) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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kmv

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Ct:VH

The State of Karnataka v. Srikant S/O Appayyaappa Patil

Case brief

What is this about?

What did the court decide?

The State of Karnataka v. Srikant S/O Appayyaappa Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

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