The State instrumentality appealed a land acquisition compensation award after a delay of 2520 days, offering no sufficient explanation for the gap between receiving documents and filing. Holding the government stands on no different footing than other litigants, the court refused condonation and dismissed the appeal.
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.
NC: 2024:KHC:23360-DB MFA No.3710/2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2024 PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3710/2020 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAM LIMITED UPPER TUNGA PROJECT SHIMOGA … APPELLANT
(BY SRI.PRASHANTH B R, ADVOCATE FOR SRI.SUDHAKAR B., ADVOCATE)
AND:
S/O T L GOPALAKRISHNA SHETTY AGE ABOUT 59 YEARS BUSINESS, OPP. VENKATESHWARA SWEET HOUSE, B H ROAD SHIVAMOGGA.
Digitally signed by A K CHANDRIKA Location: High Court of Karnataka
SHIMOGA … RESPONDENTS
(BY SRI.GURUDHATTA K, ADVOCATE FOR R1; SRI.MANJUNATHA RAYAPPA, AGA FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.01.2013 PASSED IN LAC NO.2/2006 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, PARTLY ALLOWING THE REFERENCE PETITION U/S.18(1) OF KARNATAKA LAND ACQUISITION ACT.
THIS APPEAL COMING ON FOR FURTHER HEARING, THIS DAY, K.S.MUDAGAL J ., DELIVERED THE FOLLOWING:
NC: 2024:KHC:23360-DB MFA No.3710/2020
JUDGMENT AND ORDER ON I.A.NO.1/2020
Heard.
Officer on 05.10.2015, but he sent them to the Advocate General office on 11.09.2015. It is not said that how the documents secured on 05.10.2015 were sent to the Advocate General even before the said date namely 05.10.2015.
NC: 2024:KHC:23360-DB MFA No.3710/2020
Sd/JUDGE
Sd/JUDGE
PKN List No.: 1 Sl No.: 29
1 issue framed by the court
Whether the inordinate delay of 2520 days in filing the appeal under Section 54(1) should be condoned.
2 provisions across 2 enactments
The Executive Engineer, Karnataka Neeravari Nigam Limited, Upper Tunga Project, Shimoga
S.G. Ramesh Babu
The Special Land Acquisition Officer, Upper Tunga Project, Shimoga
K.S. MUDAGAL
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
