The Executive Engineer vs the Special Land Acquisitiion Officer

The Executive Engineer vs The Special Land Acquisitiion Officer

Type Court Judgment Court Karnataka Dharwad Decided Oct 30, 2024

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Citation: sooperkanoon.com/1818503
Court: Karnataka Dharwad High Court
Judge: H.T.Narendra Prasad,Venkatesh Naik T
Decided On: Oct 30, 2024
Case Number: MFA/102903/2023

Parties & Advocates

Appellant / Petitioner

The Executive Engineer

Respondent

The Special Land Acquisitiion Officer

Excerpt

.....& resettlement act, against the judgmentand award dated 16.04.2019 passed in lac no.630/2017 on the file of the i additional district judge, belagavi, awarding the compensation of rs.6,03,000/- per acre. this appeal, coming on for orders, this day,judgment was delivered therein as under:coram: the hon'ble mr. justice h.t.narendra prasad and the hon'ble mr. justice venkatesh naik t -2-oral judgment(per: the hon'ble mr. justice h.t.narendra prasad) learned aga accepts notice for respondent nos.1 and 2.2. this appeal is filed by the beneficiary of acquisitionunder section 74(1) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as ‘the act’, for short) challenging the judgment and award dated 16.04.2019 and 27.04.2019 respectively passed in l.a.c. no.630/2017 by the learned i addl. district and sessions judge, belagavi, whereby the reference court fixed market value of the acquired land at the rate of rs.6,03,000/- per acre.3. there is a delay of 726 days in filing the appeal, which is beyond the statutory permissible limit under the provisions of the act.4. in view of the judgment of co-ordinate bench of this court in m.f.a. no.102543/2022, disposed off on 23.09.2024, the present appeal is not maintainable. -3-5. accordingly, this appeal is dismissed in terms ofjudgment of this court in m.f.a. no.102543/2022, dated23.09.2024. (h.t.narendra prasad) (venkatesh naik t) rsh ct:vh list no.: 3 sl no.: 11

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF OCTOBER, 2024 PRESENT THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 102903 OF 2023 (LAC) BETWEEN: THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAM LTD., GRBCC, DIVISION NO.2, HIDKAL DAM, TQ. HUKKERI, DIST. BELAGAVI-591107. …APPELLANT (BY SRI. K.S.PATIL, ADVOCATE) AND:
1. THE SPECIAL LAND ACQUISITIION OFFICER HIDKAL DAM, TQ. HUKKERI, DIST. BELAGAVI-591107.
2. THE PRL. SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S.BUILDING, BENGALURU-560001.
3. GABARAPPA BASAPRABHU PATIL

Digitally signed AGE. MAJOR, OCC. AGRICULTURE, by MANJANNA E Location: HIGH R/O. MASTIHOLI VILLAGE, COURT OF TQ. HUKKERI, DIST. BELAGAVI 590001. KARNATAKA DHARWAD …RESPONDENTS BENCH (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 AND R2) Date: 2024.11.07 11:07:52 +0530 THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR COMPENSATION & TRANSPARENCY IN LAND ACQUISITION,

REHABILITATION & RESETTLEMENT ACT, AGAINST THE JUDGMENT

AND AWARD DATED 16.04.2019 PASSED IN LAC NO.630/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, BELAGAVI, AWARDING THE COMPENSATION OF RS.6,03,000/- PER ACRE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T -2-

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) Learned AGA accepts notice for respondent Nos.1 and 2.

2. This appeal is filed by the beneficiary of acquisition

under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act’, for short) challenging the judgment and award dated 16.04.2019 and 27.04.2019 respectively passed in L.A.C. No.630/2017 by the learned I Addl. District and Sessions Judge, Belagavi, whereby the Reference Court fixed market value of the acquired land at the rate of Rs.6,03,000/- per acre.

3. There is a delay of 726 days in filing the appeal, which is beyond the statutory permissible limit under the provisions of the Act.

4. In view of the judgment of co-ordinate Bench of this Court in M.F.A. No.102543/2022, disposed off on 23.09.2024, the present appeal is not maintainable. -3-

5. Accordingly, this appeal is dismissed in terms of

judgment of this Court in M.F.A. No.102543/2022, dated

23.09.2024. (H.T.NARENDRA PRASAD) (VENKATESH NAIK T) RSH Ct:vh List No.: 3 Sl No.: 11

Same Court & Year Karnataka Dharwad · 2024 Same Parties The Executive Engineer vs The Special Land Acquisitiion Officer Same Judge H.T.Narendra Prasad,Venkatesh Naik T