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NC: 2024:KHC-D:16000
MFA No. 102698 of 2024
C/W MFA No. 102699 of 2024
MFA No. 102967 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
TH
DATED THIS THE 30 DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.102698 OF 2024 (LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO.102699 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102967 OF 2024
IN MFA.NO.102698/2024:
BETWEEN:
THE UNION OF INDIA,
R/BY DEPUTY CHIEF ENGINEER
CONSTRUCTION UBL
SOUTH WESTERN RAILWAY, CLUB ROAD,
KESHWAPUR HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD – 580 020.
…APPELLANT
(BY SRI M. C. HUKKERI, ADVOCATE)
AND:
1. SMT. VASANTA H. M.
Digitally signed
by SAROJA W/O. SANJAY P. GUDAGUDI,
HANGARAKI
Location: High
AGE: 44 YEARS,
Court of
Karnataka OCC: SERVICE A.O.LIC OF INDIA,
R/O: JUDGES QUARTERS NEAR
NEW BUSTAND DHARWAD,
POST: DHARWAD
TQ AND DIST: DHARWAD – 580 001.
2. ASSISTANT COMMISSIONER,
THE LAND ACQUISITION
OFFICER DHARWAD,
TQ AND DIST DHARWAD – 580 001.
3. THE CHIEF PROJECT MANAGER
RAIL VIKAS NIGAMA LTD.,
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MFA No. 102698 of 2024
C/W MFA No. 102699 of 2024
MFA No. 102967 of 2024
SOUTH WESTERN RAILWAY
CLUB ROAD,
KESHWAPUR, HUBBALLI,
TQ: HUBBALLI,
DIST: DHARWAD – 580 001.
4. THE PRINCIPAL REVENUE
SECRETARY GOVT OF KARNATAKA,
REVENUE DEPARTMENT,
M. S. BUILDING,
BENGALURU – 560 001.
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R2 AND R4)
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 THE RECORDS AND SET ASIDE THE JUDGMENT AND
AWARD PASSED IN LAC NO.13/2019 BY THE IIND ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND LAND ACQUISITION
REHABILITATION AND RESETTLEMENT AUTHORITY DHARWAD
DATED 27.09.2023 AND TO CONFIRM THE AWARD PASSED BY THE
SLAO OF RS.2,78,784/- PER GUNTA WITH ALL STATUTORY BENEFITS
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN MFA.NO.102699/2024:
BETWEEN:
THE UNION OF INDIA,
R/BY DEPUTY CHIEF ENGINEER
CONSTRUCTION UBL
SOUTH WESTERN RAILWAY, CLUB ROAD,
KESHWAPUR HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD – 580 023.
…APPELLANT
(BY SRI M. C. HUKKERI, ADVOCATE)
AND:
1. SHRI ARAVIND
S/O. RACHAPPA GANIGER,
AGE: 54 YEARS, OCC: GOVT. SERVICE,
R/O: GOPANAKOPPA HUBBALLI,
POST: HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD – 580 023.
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MFA No. 102698 of 2024
C/W MFA No. 102699 of 2024
MFA No. 102967 of 2024
2. ASSISTANT COMMISSIONER,
THE LAND ACQUISITION
OFFICER DHARWAD,
TQ AND DIST DHARWAD – 580 001.
3. THE CHIEF PROJECT MANAGER
RAIL VIKAS NIGAMA LTD.,
SOUTH WESTERN RAILWAY CLUB ROAD,
KESHWAPUR, HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD – 580 023.
4. THE PRINCIPAL REVENUE SECRETARY,
GOVT OF KARNATAKA,
REVENUE DEPARTMENT,
M. S. BUILDING,
BENGALURU – 560 001.
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R2 AND R4)
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 THE RECORDS AND SET ASIDE THE JUDGMENT AND
AWARD PASSED IN LAC NO.12/2019 BY THE II ND ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND LAND ACQUISITION
REHABILITATION AND RESETTLEMENT AUTHORITY DHARWAD
DATED 27.09.2023 AND TO CONFIRM THE AWARD PASSED BY THE
SLAO OF RS.2,78,784/- PER GUNTA WITH ALL STATUTORY BENEFITS
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN MFA.NO.102967/2024:
BETWEEN:
THE UNION OF INDIA,
R/BY DEPUTY CHIEF ENGINEER
CONSTRUCTION UBL
SOUTH WESTERN RAILWAY, CLUB ROAD,
KESHWAPUR HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD.
…APPELLANT
(BY SRI M. C. HUKKERI, ADVOCATE)
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C/W MFA No. 102699 of 2024
MFA No. 102967 of 2024
AND:
1. SHRI VIJAYKUMAR
S/O. GURUNATHRAO URANAKAR,
AGE: 56 YEARS, OCC: SERVICE,
R/O: H.NO.17 TIMMASAGAR GALLI,
NEAR DAKAPPA TEMPLE HUBBALLI,
POST: HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD.
2. ASSISTANT COMMISSIONER,
THE LAND ACQUISITION
OFFICER DHARWAD,
TQ AND DIST DHARWAD.
3. THE CHIEF PROJECT MANAGER
RAILU VIKAS NIGAMA LTD.,
SOUTH WESTERN RAILWAY CLUB ROAD,
KESHWAPUR, HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD.
4. THE PRINCIPAL REVENUE SECRETARY,
GOVT OF KARNATAKA, REVENUE DEPARTMENT,
M. S. BUILDING, BENGALURU.
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R2 AND R4)
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 THE RECORDS AND SET ASIDE THE JUDGMENT AND
AWARD PASSED IN LAC NO.11/2019 BY THE IIND ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND LAND ACQUISITION
REHABILITATION AND RESETTLEMENT AUTHORITY DHARWAD
DATED 27.09.2023 AND TO CONFIRM THE AWARD PASSED BY THE
SLAO OF RS.2,78,784/- PER GUNTA WITH ALL STATUTORY BENEFITS
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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C/W MFA No. 102699 of 2024
MFA No. 102967 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned HCGP takes notice for respondent No.2 and
4-State in all these appeals. Notice is not issued to
respondent Nos.1 and 3, since the appeals are disposed
off on a question of law.
2. These appeals are filed under Section 74(1) of
the Right to Fair Compensation and Transparency in Land
1
Acquisition, Rehabilitation and Resettlement Act, 2013
laying a challenge to the Judgment & Award dated
27.09.2023 passed by the Reference Court in LAC
Nos.11/2019, 12/2019 and 13/2019, whereunder
enhancement of compensation has been accorded. The
above appeals are filed beyond the prescribed period of 60
+ 60 = 120 days and there is a delay of 175 days in filing
these appeals. Applications are filed seeking condonation
of delay in all these appeals.
1
Hereinafter referred as “the 2013 Act”
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MFA No. 102967 of 2024
3. 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:
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.”
4. 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
2
LIMITED, CHENNAI , 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
2
ILR 2020 KAR 1897
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C/W MFA No. 102699 of 2024
MFA No. 102967 of 2024
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
3
OFFICER has declined the request for referring the
matter for reconsideration to a larger Bench.
5. In view of the aforementioned, the applications,
in all these appeals, seeking condonation of delay are
dismissed. Consequently, the appeals are also dismissed.
6. 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 these appeals 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.
3
Order dated 23.09.2024 passed in MFA No.102543/2022
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MFA No. 102967 of 2024
7. In view of dismissal of these appeals, 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
HMB
CT-ASC
List No.: 1 Sl No.: 8