Allowed

Shanamukappa S/O. Shivabasappa Jiglur v. the Assistant Commissioner

Karnataka HC10 Sept 2012MFA/25879/2011

Case brief

AI extract

What is this about?

This court allowed miscellaneous appeals filed under Section 54(1) of the Land Acquisition Act to enhance compensation. Relying on a uniformity principle from a prior judgment in the same village, the court fixed the market value of the land at Rs.1,56,000 per acre with consequential benefits.

What did the court decide?

Appeals allowed; market value fixed at Rs.1,56,000 per acre with consequential benefits and interest.

Shanamukappa S/O. Shivabasappa Jiglur Vs the Assistant… — Land Acquisition | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA

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CIRCUIT BENCH AT DHARWAD

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DATED THIS THE 10^TH DAY OF SEPTEMBER 2012

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BEFORE

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THE HON’BLE MR JUSTICE HULUVADI G RAMESH

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MISCELLANEOUS FIRST APPEAL NOS.25879 OF 2011 C/W 25880 OF 2011(LAC) Between:

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Shanamukappa, S/o Shivabasappa Jagalur, Age: 40 years, Occ: Agriculture, R/o Veerapur village, Tq: Yelburga, Dist: Koppal.

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…Appellant in MFA No.25879/2011

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Shanamukappa, S/o Shivabasappa Jagalur, Age: 40 years, Occ: Agriculture, R/o Veerapur village, Tq: Yelburga, Dist: Koppal.

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Kalakappa, S/o Shivabasappa Jagalur, Age: 35 years, Occ: Agriculture, R/o Veerapur village, Tq: Yelburga, Dist: Koppal.

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…Appellants in MFA No.25880/2011

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(By Sri Shashikant Ningoji, Adv)

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And :

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The Assistant Commissioner and L.A.O. Koppal.

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The Executive Engineer, No.1, T.R.Division, Munirabad, Tq: Dist: Koppal.

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..Common Respondents

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(By Smt Megha C Kolekar, GP)

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These Miscellaneous Appeals are filed under Section 54(1) of Land Acquisition Act against the judgment and award dtd.28.9.2011 passed in LAC Nos.7/2009 and 03/2009 respectively, on the file of the Sr. Civil Judge and JMFC., Yelburga, partly allowing the reference petition for compensation and seeking enhancement of compensation.

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These Miscellaneous Appeal coming on for admission this day, the Court delivered the following:

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JUDGMENT

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These two miscellaneous appeals have been filed as

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against the award passed by the Civil Judge (Sr.Dn.),

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Yelaburga in LAC Nos.7/2009 and 3/2009 respectively dated 29.8.2011, seeking for enhancement of compensation with all statutory benefits.

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By the order of the Reference Court, market value of appellants’ land acquired by the respondents is fixed at Rs.75,000/- per acre with all other benefits as against the market value fixed by the Land Acquisition Officer. This appeal is filed against the award of the Reference Court seeking for fixing the market value at Rs.1,56,000/- per acre.

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Heard.

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This Court, in MFA No.20291/2009 disposed of on 13.7.2011, in respect of the lands acquired of the same village for implementation of Hirehalla project under the very same notification, giving escalation of 5% with cumulative effect, has awarded Rs.1,56,000/- per acre. Since the lands in question is also situate in the same village, as a matter of uniformity, it is held that appellants are entitled for market value at Rs.1,56,000/- per acre with consequential benefits and interest.

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Accordingly, appeals are allowed with costs.

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Sd/JUDGE

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Bkp

Shanamukappa S/O. Shivabasappa Jiglur v. the Assistant Commissioner

Case brief

What is this about?

What did the court decide?

Shanamukappa S/O. Shivabasappa Jiglur v. the Assistant Commissioner

Case brief

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What the court decided

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