Cross-objection filed with a 1066-day delay seeking enhanced compensation for acquired land. The claimed reason — the claimant's father's illness and death — was unsupported by material, and the claimant had meanwhile participated in proceedings. Condonation application rejected.
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:20440-DB MFA.CROB No.49/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MFA CROSS OBJECTION NO.49/2022 (LAC)
IN
M.F.A.No.855/2017
BETWEEN:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
SRI. C. VISHWAS AGED ABOUT 34 YEARSDDDD S/O LATE L. CHANDRAMURTHY R/O NO.502, 1ST T CROSS, BSK II STAGE HOSAKEREHALLI, BENGALURU 560085.
…CROSS OBJECTOR
(BY SRI. D. PRABHAKAR, ADV., [ABSENT])
AND:
…RESPONDENTS
(BY SRI. JAYAKARA SHETTY H, ADV., FOR R1 SRI. PRADEEP C.S. AAG FOR R2)
THIS MFA CROSS OBJECTION IS FILED U/O.41 RULE 22(1) OF CPC R/W SEC.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT DT.20.06.2015 PASSED IN LAC NO.338/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, PARTLY
NC: 2024:KHC:20440-DB MFA.CROB No.49/2022
ALLOWING THE REFERENCE PETITION FILED BY THE CLAIMANT U/S.18 OF LAND ACQUISITION ACT.
THIS MFA CROSS OBJECTION COMING ON FOR FURTHER ORDERS, THIS DAY, K.S.MUDAGAL J., MADE THE FOLLOWING:
JUDGMENT
No representation for the cross-objector.
- 3 - NC: 2024:KHC:20440-DB MFA.CROB No.49/2022
that period also, the cross-objector participated in the proceedings in MFA No.855/2017. Firstly, cause shown is not established. Secondly, no bona fides are found in the explanation for the delay. Hence, I.A.No.1/2023 for condonation of delay and consequently, cross-objection are dismissed.
Sd/JUDGE
Sd/JUDGE
RV
1 issue framed by the court
Whether the 1066-day delay in filing the cross-objection should be condoned.
3 provisions across 2 enactments
Sri. C. Vishwas
The Government of Karnataka, Department of Space Telemetry Tracking and Command Network (ISTRAC)
The Special Land Acquisition Officer
K.S.Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
