Karnataka High Court
The Land Acquisition Officer vs Eravva So Hanumappa Devadasi on 22 October, 2024
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NC: 2024:KHC-D:15242
MFA No. 101475 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.101475 OF 2024 (LAC)
BETWEEN:
1. THE LAND ACQUISITION OFFICER,
AND ASSISTANT COMMISSIONER, KOPPAL.
2. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DIVISION, KOPPAL.
...APPELLANTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R2)
AND:
ERAVVA W/O. HANUMAPPA DEVADASI,
SINCE DECEASED HER LRS.,
ERAVVA M/O. ERAVVVA DEVDASI,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: RYAVANAKI, TQ: YELBURGA,
DIST: KOPPAL - 583 230.
SAROJA
HANGARAKI ...RESPONDENT
Digitally signed by
SAROJA
HANGARAKI
Date: 2024.11.05
13:00:34 +0530 THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL. DISTRICT
AND SESSIONS JUDGE, KOPPAL I LAC.NO.27/2020, DATED
20.03.2023 BY ALLOWING THIS APPEAL IN THE INTEREST OF
JUSTICE AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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NC: 2024:KHC-D:15242
MFA No. 101475 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) This appeal is filed under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20131 laying a challenge to the Judgment & Award dated 20.03.2023 passed by the Reference Court in LAC No.27/2020, whereunder enhancement of compensation has been accorded. The above appeal is filed beyond the prescribed period of 60 + 60 = 120 days and there is a delay of 316 days in filing the appeal. An application is filed seeking condonation of delay.
2. Section 74(1) along with the Proviso thereto (sub-section (2) not being relevant) of the 2013 Act is noticed for ready reference:
"74. Appeal to High Court.
(1) The Requiring Body or any person aggrieved by the Award passed by an Authority under section 69 may file an appeal to the High Court within sixty days from the date of Award:1
Hereinafter referred as "the 2013 Act" -3-
NC: 2024:KHC-D:15242 MFA No. 101475 of 2024 Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days."
3. The language of Sub-section (1) of Section 74 and the proviso thereof of the 2013 Act is clear. Further, a Division Bench of this Court in the case of THE DEPUTY COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, BENGALURU VS. M/S. S.V. GLOBAL MILL LIMITED, CHENNAI2, has examined the matter in great detail and held that Section 74 of the 2013 Act is mandatory in nature and an application for condonation of delay beyond the statutorily permissible time limit is not liable to be favourably considered. Further, a Division Bench of this Court in the case of THE EXECUTIVE ENGINEER VS. SPECIAL LAND ACQUISITION OFFICER3 has declined the request for referring the matter for reconsideration to a larger Bench.
2 ILR 2020 KAR 1897 3 Order dated 23.09.2024 passed in MFA No.102543/2022 -4- NC: 2024:KHC-D:15242 MFA No. 101475 of 2024
4. In view of the aforementioned, the application seeking condonation of delay is dismissed. Consequently, the appeal is also dismissed.
5. It is made clear that this Court has not examined the matter on merits with regard to the sustainability of re- determination of market value and consequent enhancement of compensation awarded by the reference Court. The dismissal of this appeal is subject to the decision in SLP Nos.215 -2016 of 2023 (M/s S.V Global Mill Limited) pending before the Hon'ble Apex Court.
6. In view of dismissal of this appeal, the Registry to transmit the amount in deposit, if any, to the Reference Court immediately for being released in favour of claimants in accordance with law.
Sd/-
(C.M. POONACHA) JUDGE ND CT-ASC, List No.: 2 Sl No.: 49