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NC: 2024:KHC-D:16029-DB
MFA No. 102922 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
TH
DATED THIS THE 30 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. 102922 OF 2023 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER
KNNL, GRBCC, DIV. NO. 2, HIDKAL DAM,
TQ. HUKKERI, DIST. BELGAVI.
…APPELLANT
(BY SRI. K.S.PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
HIDKAL DAM -591122, TQ. HUKKERI, DIST. BELAGAVI.
2. SRI. ANNAPPA S/O. HANAMANTAPPA YARZARVI
AGE: 32 YEARS, OCC: AGRI,
R/O. CHIKKABUDNUR-591199,
TQ. SAVADATTI, DIST. BELAGAVI.
…RESPONDENTS
Digitally signed
by MANJANNA E
(BY SRI. PRAVEEN K.UPPAR, AGA FOR R1)
Location: HIGH
COURT OF
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
KARNATAKA
DHARWAD
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
BENCH
Date: 2024.11.07 REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
11:07:52 +0530
JUDGMENT AND AWARD DATED 22.03.2022 PASSED IN
LAC.NO.452/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE AND THE LAND ACQUISITON, REHABILITATION AND
RESETTLEMENT AUTHORITY, BELAGAVI, AWARDING COMPENSATION
OF RS. 2,37,817/- 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
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NC: 2024:KHC-D:16029-DB
MFA No. 102922 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
Learned AGA accepts notice for respondent Nos.1 and 3.
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 22.03.2022
and 01.04.2022 respectively passed in L.A.C. No.452/2019 by
the learned I Addl. District Judge and the Land Acquisition,
Rehabilitation and Resettlement Authority, Belagavi, whereby
the Reference Court fixed market value of the acquired land at
the rate of Rs.2,37,817/- per acre.
3. There is a delay of 344 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.
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NC: 2024:KHC-D:16029-DB
MFA No. 102922 of 2023
dismissed
5. Accordingly, this appeal is in terms of
judgment of this Court in M.F.A. No.102543/2022, dated
23.09.2024.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
RSH
Ct:vh
List No.: 3 Sl No.: 12