- 1 - NC: 2024:KHC-D:15372 MFA No. 101631 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101631 OF 2023 (LAC) BETWEEN: SRI. MURIGEPPA S/O. HANAMANTH HULASADAR, AGE: 57 YEARS, OCC: AGRI., R/O: RADDERHATTI, TQ: ATHANI, DIST: BELAGAVI – 591 240. …APPELLANT (BY SRI K. H. BAGI, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, HIPPARAGI PROJECT, ATHANI, TQ: ATHANI, DIST: BELAGAVI – 591 304. 2. THE ASSISTANT EXECUTIVE ENGINEER, KARANATAKA NEERAVARI NIGAM LTD., ATHANI, TQ: ATHANI, DIST: BELAGAVI – 591 304. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO, MODIFY THE JUDGMENT AND AWARD IN L.A.C.NO.466/2010 DATED 15.04.2011 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC ATHANI AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka - 2 - NC: 2024:KHC-D:15372 MFA No. 101631 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) Learned HCGP takes notice for respondent No.1-State. Notice is not issued to respondent No.2, since the appeal is disposed off on a question of law. 2. 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 15.04.2011 passed by the Reference Court in LAC No.466/2010, 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 3563 days in filing the appeal. An application is filed seeking condonation of delay. 3. Section 74(1) along with the Proviso thereto (sub-section (2) not being relevant) of the 2013 Act is noticed for ready reference: 1 Hereinafter referred as “the 2013 Act” - 3 - NC: 2024:KHC-D:15372 MFA No. 101631 of 2023 “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 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 2 ILR 2020 KAR 1897 3 Order dated 23.09.2024 passed in MFA No.102543/2022 - 4 - NC: 2024:KHC-D:15372 MFA No. 101631 of 2023 request for referring the matter for reconsideration to a larger Bench. 5. In view of the aforementioned, the application seeking condonation of delay is dismissed. Consequently, the appeal is 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 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. 7. 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.: 14