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NC: 2024:KHC-D:16047-DB
MFA No. 102985 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. 102985 OF 2023 (LAC)
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAM LTD.,
GRBCC, HIDKAL DAM, DIV NO.2,
HIDKAL 591107, TQ. HUKKERI, DIST. BELAGAVI.
…APPELLANT
(BY SRI. M B KANAVI,ADVOCATE)
AND:
1. SHRI NARAYAN PARASHURAM PATIL
R/BY P.A. HOLDER
AGE. MAJOR, OCC. AGRICULTURIST,
Digitally signed
R/O. KINAYE VILLAGE,
by MANJANNA E
Location: HIGH TQ AND DIST. BELAGAVI 590018.
COURT OF
KARNATAKA
DHARWAD
2. SHRI VITTAL PARASHURAM PATIL
BENCH
AGE. MAJOR, OCC. AGRICULTURIST,
Date: 2024.11.07
11:07:53 +0530
R/O. KINAYE VILLAGE,
TQ AND DIST. BELAGAVI 590018.
3. SHRI MARUTI PARASHURAM PATIL
AGE. MAJOR, OCC. AGRICULTURIST,
R/O. KINAYE VILLAGE,
TQ AND DIST. BELAGAVI 590018.
4. SHRI SHANKAR BABAJI PATIL
AGE. MAJOR, OCC. AGRICULTURIST,
R/O. KINAYE VILLAGE,
TQ AND DIST. BELAGAVI 590018.
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NC: 2024:KHC-D:16047-DB
MFA No. 102985 of 2023
5. VILAS BABAJI PATIL
AGE. MAJOR, OCC. AGRICULTURIST,
R/O. KINAYE VILLAGE,
TQ AND DIST. BELAGAVI 590018.
6. THE SPECIAL LAND ACQUISITION
HIDKAL DAM, DIVISION NO.2,
TQ. HUKKERI, DIST. BELAGAVI 591107.
7. THE PRINCIPAL SECRETARY
GOVT. OF KARNATAKA,
REVENUE DEPARTMENT,
M S BUILDING, BENGALURU 560001.
…RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R6 & R7)
THIS MFA IS FILED U/SEC.74(1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE
JUDGMENT AND AWARD DTD 07.03.2019 PASSED IN
LAC.NO.997/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE, BELAGAVI, AWARDING COMPENSATION OF RS.5,40,000/-
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
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NC: 2024:KHC-D:16047-DB
MFA No. 102985 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
Learned AGA accepts notice for respondent Nos.6 and 7.
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 07.03.2019
and 19.03.2019 respectively passed in L.A.C. No.997/2017 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.5,40,000/- per acre.
3. There is a delay of 791 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:16047-DB
MFA No. 102985 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-MCK
LIST NO.: 3 SL NO.: 14