Appeal against enhancement of land acquisition compensation was filed 240 days late. Relying on precedent holding Section 74 of the 2013 Act mandatory, the High Court dismissed the application for condonation of delay and consequently the appeal, leaving merits untouched subject to pending SLP.
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NC: 2024:KHC-D:17296 MFA No. 104338 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.104338 OF 2023 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER, KNNL, REHABILITATION AND RESETTLEMENT DIVISION, HIPPARAGI DAM PROJECT, HIPPARAGI, TQ: JAMAKHANDI, DIST: BAGALKOT – 587 301.
…APPELLANT
(BY SRI S. M. KALWAD, ADVOCATE)
AND:
SAROJA HANGARAKI
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2024.11.27 11:39:11 +0530
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2; SRI PRASHANT KADADEVAR, ADVOCATE FOR R3)
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, SET ASIDE THE JUDGMENT AND AWARD DATED 03.09.2022 MADE IN LAC
NO. 697/2018 PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, TO SIT AT JAMKHANDI, AND THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, JAMKHANDI, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
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.
1 Hereinafter referred as “the 2013 Act”
of 240 days in filing the appeal. An application is filed seeking condonation of delay.
“ 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 mandatory
2 ILR 2020 KAR 1897
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.
the matter on merits with regard to the sustainability of redetermination 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:17296 MFA No. 104338 of 2023
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
SH/CT-ASC List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the delay of 240 days in filing the appeal under Section 74(1) of the 2013 Act could be condoned beyond the statutory maximum of 120 days.
Colour shows how this judgement treated each authority
The Executive Engineer Vs. Special Land Acquisition OfficerReferred¶4
Order dated 23.09.2024 passed in MFA No.102543/2022
2 provisions across 1 enactments
The Executive Engineer, KNNL, Rehabilitation and Resettlement Division, Hipparagi Dam Project
The State of Karnataka, represented by Deputy Commissioner, Dist: Bagalkot
The Special Land Acquisition Officer, Hipparagi Dam Project, Athani
Smt. Shobha W/o. Subharay Mahar @ Kamble
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
