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NC: 2024:KHC-D:16032-DB
MFA No. 103116 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. 103116 OF 2023 (LAC)
BETWEEN:
KARNATAKA NIRAVARI NIGAMA LIMITED
BY ITS EXECUTIVE ENGINEER, KNNL,
GRBCC, DIV. NO.2, HIDKAL DAM-591107,
TAL. HUKKERI, DIST. BELAGAVI.
…APPELLANT
(BY SRI. K.S. PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
HIDKAL DAM PROJECT, HIDKAL DAM-591107,
TAL. HUKKERI, DIST. BELAGAVI.
2. SRI. PRALHAD MARUTI PATIL
AGE. MAJOR, OCC. AGRICULTURE,
R/O. KINAYE-590014,
TAL. AND DIST. BELAGAVI.
Digitally signed
by MANJANNA E
3. THE PRINCIPAL SECRETARY
Location: HIGH
REVENUE DEPARTMENT,
COURT OF
KARNATAKA
GOVERNMENT OF KARNATAKA,
DHARWAD
BENCH M.S. BUILDING, BENGALURU-590001.
Date: 2024.11.07
…RESPONDENTS
11:07:55 +0530
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 AND R3)
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,
CALL FOR RECORDS IN LAC NO.1016/2017 DATED 12.03.2019 ON
THE FILE OF LEARNED I ADDITIONAL DISTRICT, BELAGAVI; ALLOW
THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE LEARNED I ADDITIONAL DISTRICT, BELAGAVI, IN LAC
NO.1016/2017, DATED 12.03.2019 & ETC.,
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NC: 2024:KHC-D:16032-DB
MFA No. 103116 of 2023
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
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 12.03.2019
and 23.03.2019 respectively passed in L.A.C. No.1016/2017 by
the learned I Addl. District Judge, Belagavi, whereby the
Reference Court fixed market value of the acquired land at the
rate of Rs.5,40,000/- per acre.
3. There is a delay of 766 days in filing the appeal,
which is beyond the statutory permissible limit under the
provisions of the Act.
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NC: 2024:KHC-D:16032-DB
MFA No. 103116 of 2023
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.
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-MCK
List No.: 3 Sl No.: 20