Land acquisition compensation appeal dismissed because the appellant repeatedly failed to comply with office objections, including payment of a large deficit court fee, despite seven successive adjournments and counsel's stated inability to persuade the client to pay.
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NC: 2024:KHC:650-DB MFA No. 2670 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2024 PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 2670 OF 2022 (LAC)
BETWEEN:
SRI A B LAKSHMEGOWDA S/O BELUREGOWDA AGED ABOUT 74 YEARS, R/A ADDIHALLI VILLAGE SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT-573220
…APPELLANT
(BY SRI. RAJARAMA S.,ADVOCATE)
AND:
Digitally signed by VEENA KUMARI B Location: High Court of Karnataka
THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT-II HASSAN-573211
…RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.03.2015 PASSED IN LAC NO.49/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC, HASSAN, PARTLY ALLOWING THE REFERENCE PETITION U/S.18(1) OF LAND ACQUISITION ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, DR. H.B.PRABHAKARA SASTRY, J., MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant is physically
present and expresses his inability to pursue his client to pay the deficit Court fee.
following observation:
"Learned counsel for the appellant initially prayed for two weeks time to comply the office objections, which includes payment of deficit Court fee of 1,16,003/-. After the Court brought to his notice that from the date of filing, one year nine months has been lapsed, still, the appellant is not yet complied office objections, as such granting of any further time would be on a cost of ` 500/per day, that too, for a maximum period of seven days, learned counsel for the appellant prays for a day's accommodation to comply with the office objections.
In this matter several and sufficient opportunities of not less than six times have already been granted including as a final last opportunity, as such, making it clear that in case, if, office objections are not complied,
within a day from today, the Court may proceed to pass appropriate order including dismissal of the appeal for noncompliance of office objections, as a final last opportunity two days time is granted.
List this matter on 05.01.2024."
seven successive adjournments to comply the office objections, including payment of deficit Court fee the appellant has not complied the same.
In view of the above and particularly in the light of the submission made today, as above, by the learned counsel for the appellant, appeal stands dismissed for noncompliance of office objections.
Sd/JUDGE
Sd/JUDGE
BVK; List No.: 1 Sl No.: 9
2 provisions across 1 enactments
Sri A B Lakshmegowda S/o Beluregowda
State of Karnataka by the Special Land Acquisition Officer, Hemavathi Reservoir Project-II, Hassan
Executive Engineer, Cauvery Neeravari Nigama, Holenarasipura, Hassan
H.B. Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
