Case Note & Summary
The State of Karnataka, through the Principal Secretary of the Revenue Department and the Special Land Acquisition Officer, BTDA, UKP, Bagalkot, filed five Miscellaneous First Appeals under Section 54(1) of the Land Acquisition Act, 1894, challenging judgments and awards dated 03.09.2013 passed by the II Additional Senior Civil Judge, Bagalkot, in LAC Nos. 45/2009, 46/2009, 47/2009, 163/2009, and 164/2009. The appeals sought enhancement of compensation awarded to the respondents, which was fixed at Rs.153 per square foot. Additionally, an application (I.A. No.1/2014) was filed for condonation of a 93-day delay in filing MFA No.100726/2014. The court, after hearing the learned Government Advocate for the appellants, allowed the condonation application. However, when the appeals were taken up for hearing, the appellants failed to appear or prosecute the matters. Consequently, the court dismissed all five appeals for non-prosecution. The judgment is brief, with the court noting that the appeals were dismissed due to lack of prosecution by the State.
Headnote
A) Land Acquisition - Compensation - Dismissal for Non-Prosecution - Section 54(1) Land Acquisition Act, 1894 - The State filed appeals against awards granting compensation of Rs.153 per square foot. The appeals were dismissed for non-prosecution as the State failed to appear or argue the matter. Held that the appeals are dismissed for non-prosecution. (Para 3)
Issue of Consideration
Whether the appeals filed by the State against the compensation awards should be entertained when the appellant fails to prosecute the appeals.
Final Decision
All five Miscellaneous First Appeals are dismissed for non-prosecution. I.A. No.1/2014 for condonation of delay is allowed.
Law Points
- Dismissal for non-prosecution
- Land Acquisition Act
- 1894 Section 54(1)
- Condonation of delay
Case Details
2015 LawText (KAR) (09) 9
Miscellaneous First Appeal No.100722/2014 (LAC) connected with MFA Nos.100723, 100724, 100725, 100726 of 2014
Anand Byrareddy, S. Sujatha
K.S. Patil (for appellants), Jagadish Patil and Manjunath A. Karigannavar (for respondents)
The State of Karnataka, The Special Land Acquisition Officer
Istak Ahmad Mohammadsaheb Gadaginni, Imam Saheb Mohammadsaheb Gadaginni, Mohammadhanif Hussainsab Gadaginni, Narayan Venkatesh Hublikar, Damodar Ramarao Kulkarni
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Nature of Litigation
Appeals by the State against compensation awards in land acquisition cases.
Remedy Sought
The State sought enhancement of compensation awarded by the trial court.
Filing Reason
The State was dissatisfied with the compensation of Rs.153 per square foot awarded by the II Additional Senior Civil Judge, Bagalkot.
Previous Decisions
The trial court had partly allowed the claim petitions and awarded compensation of Rs.153 per square foot in LAC Nos.45/2009, 46/2009, 47/2009, 163/2009, and 164/2009.
Issues
Whether the appeals should be dismissed for non-prosecution when the appellant fails to appear.
Submissions/Arguments
The learned Government Advocate for the appellants was heard on the condonation application, but no arguments were advanced on the merits of the appeals as the appellants failed to prosecute.
Ratio Decidendi
When an appellant fails to appear or prosecute an appeal, the court may dismiss the appeal for non-prosecution.
Judgment Excerpts
I.A. No.1/2014 filed for condoning the delay of 93 days in filing Miscellaneous First Appeal No.100726/2014 is allowed.
Heard the learned Government Advocate appearing for the appellants.
The appeals are dismissed for non-prosecution.
Procedural History
The State filed five appeals under Section 54(1) of the Land Acquisition Act, 1894 against judgments and awards dated 03.09.2013 passed by the II Additional Senior Civil Judge, Bagalkot. An application for condonation of delay in one appeal was allowed. The appeals were then dismissed for non-prosecution.
Acts & Sections
- Land Acquisition Act, 1894: Section 54(1)
