The High Court at Dharwad dismissed a second appeal filed by the Executive Engineer in an MSA regularizing land acquisition proceedings, due to a failure by the appellant to comply with office objections within the stipulated timeframe.
The appeal was dismissed due to non-compliance of office objections filed by the appellant.
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.
1
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
DATED THIS 28TH DAY OF NOVEMBER, 2024 BEFORE
HON'BLE MR. JUSTICE C.M.POONACHA MSA NO 100135 OF 2023 (LAC)
BETWEEN
1 . THE EXECUTIVE ENGINEER SHIGGAON LEFT IRRIGATION PROJECT, KCD CIRCLE, BEHIND GANESH TEMPLE, DHARWAD.
NOTE EARLIER CALLED AS KNNNMBK SHIGGAON, LIFT IRRIGATION DIVISION, LAKAMANAHALLI, CHANDRIKA LAYOUT, DHARWAD.
...APPELLANT
(By Sri: SHIVARAJ C. BELLAKKI AND ASSOCIATES, ADVOCATE) AND
AGE 38 YEARS, OCC AGRICULTURE, R/O KUNDUR, SHIGGAON TALUK, HAVERI DIST.
... RESPONDENTS
2
MSA FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1894, i) ALLOW THE PRESENT SECOND APPEAL BY SETTING ASIDE THE ORDER DATED 09.03.2023 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI PASSED IN M.A.NO.6/2021 AND DISMISS THE JUDGMENT AND AWARD PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HANGAL IN L.A.C.NO.1/2015 AND IN THE INTEREST OF JUSTICE AND EQUITY.
This appeal coming on for orders this day, the Court made the following;
O R D E R
Office objections to be complied with within six weeks, failing which the above appeal shall automatically stand dismissed without further orders from the Court.
SD/JUDGE
Note: As per endorsement made in the order sheet dated 28.01.2025, the Advocate for the appellant has not complied with the office objections at Sl. No. 1 to 12. Hence, this MSA No. 100135/2023 stand dismissed without further orders from the Court as per the court order dated 28.11.2024.
BY ORDER OF THE COURT
SD/ASSISTANT REGISTRAR.
R- By:-rv C- By:-rv T- BY:-ran
1 issue framed by the court
Whether the appeal filed under Section 54(2) of the Land Acquisition Act, 1894 can be decided after non-compliance of office objections.
The Executive Engineer Shiggaon Left Irrigation Project, KCD Circle
The Special Land Acquisition Officer Dharwad
S.P.A Holder Manjunnathgouda Bhasargouda Patil
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
