Dismissed

Karnataka Neeravari Nigama Limited v. the Special Land Acquisition Officer

Karnataka HC13 Nov 2024MFA/104028/2024

Case brief

AI extract

What is this about?

Appeal under Section 74(1) of the 2013 Act challenging enhancement of land acquisition compensation was filed 283 days late. Following Division Bench precedent holding Section 74 mandatory, the appeal was dismissed as barred by limitation without examining merits.

What did the court decide?

None; appeal dismissed as time-barred, amount in deposit to be released to claimants.

Karnataka Neeravari Nigama Limited Vs the Special Land… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:16630 MFA No. 104028 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 104028 OF 2024 (LAC)

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BETWEEN:

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KARNATAKA NEERAVARI NIGAMA LIMITED BY ITS EXECUTIVE ENGINEER, SINGATALURU LIFT IRRIGATION PROJECT, KNNL NO.1, MUNDARAGI 582 118

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…APPELLANT

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(BY SRI. CHETAN MUNNOLI, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER KNNL, SINGATALURU LIFT IRRIGATION PROJECT HUVINHADAGALI 583 219, DIST. BALLARI.

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THE STATE OF KARNATAKA REP. BY DEPUTY COMMISSIONER, GADAG, MINI VIDAH SOUDHA (DC- OFFICE) HUBBALLI ROAD, GADAG 582103.

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SAROJA HANGARAKI Digitally signed by SAROJAHANGARAKILocation: High Court ofKarnataka, Dharwad BenchDate: 2024.11.22 12:56:51+0530

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HEMARADDI

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S/O. KRISHNARADDI DONI AGE. 75 YEARS, OCC. AGRICULTURE R/O: SAMBHAPUR 581 111 TAL. DIST GADAG.

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…RESPONDENTS

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(BY SMT. KIRTILATA R.PATIL, HCGP FOR R1 AND R2)

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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, AGAINST THE JUDGMENT AND AWARD DATED 23.09.2023 PASSED IN LAC.NO.31/2019 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG AND ETC.,

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NC: 2024:KHC-D:16630 MFA No. 104028 of 2024

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

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Learned HCGP takes notice for respondent Nos.1 and

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Notice is not issued to respondent No.3 since the

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appeal is disposed of on a question of law.

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This appeal is filed under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013¹ laying a challenge to the Judgment & Award dated 23.09.2023 passed by the Reference Court in LAC No.31/2019, 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 283 days in filing the appeal.

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1 Hereinafter referred as “the 2013 Act”

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3 - NC: 2024:KHC-D:16630 MFA No. 104028 of 2024

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Section 74(1) along with the Proviso thereto

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(sub-section (2) not being relevant) of the 2013 Act is noticed for ready reference:

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“ 74. Appeal to High Court.

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(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:

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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.”

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The language of Sub-section (1) of Section 74

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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 mandatory in nature and an application for condonation of delay beyond the statutorily permissible time limit is not

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2 ILR 2020 KAR 1897

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4 - NC: 2024:KHC-D:16630 MFA No. 104028 of 2024

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liable to be favourably considered. Further, a Division Bench of this Court in the case of THE EXECUTIVE

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ENGINEER VS. SPECIAL LAND ACQUISITION

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OFFICER³ has declined the request for referring the matter for reconsideration to a larger Bench.

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In view of the aforementioned, the appeal is dismissed as barred by limitation.

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It is made clear that this Court has not 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.

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7. In view of dismissal of this appeal, the Registry

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to transmit the amount in deposit, if any, to the Reference

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3 Order dated 23.09.2024 passed in MFA No.102543/2022

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NC: 2024:KHC-D:16630 MFA No. 104028 of 2024

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Court immediately for being released in favour of

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