Allowed

Rudragouda S/O Shivanagouda Patil, v. the Special Land Acquisition Officer

Karnataka HC21 Feb 2014MFA/23631/2012

Case brief

AI extract

What is this about?

This Land Acquisition Act appeal challenged an award of Rs.96,000/- per acre. The High Court allowed the appeal and enhanced compensation to Rs.1,19,000/- with statutory benefits. Interest and 50% cost were granted, excluding interest for the 2620-day delay.

What did the court decide?

Compensation enhanced from Rs.96,000/- to Rs.1,19,000/- per acre with 50% cost and interest, excluding interest for 2620 days delay.

Rudragouda S/O Shivanagouda Patil, Vs the Special Land… — Land Acquisition | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF FEBRUARY, 2014

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BEFORE

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THE HON’BLE MR.JUSTICE B. SREENIVASE GOWDA

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M.F.A. NO.23631/2012 (LAC)

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BETWEEN:

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RUDRAGOUDA S/O SHIVANAGOUDA PATIL, AGED ABOUT: 64 YEARS, OCC: AGRICULTURE, R/O: NAVALAGATTI, TQ: BAILHONGAL, DIST: BELGAUM.

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... APPELLANT

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(BY SRI. K ANANDKUMAR, ADV.,)

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AND

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THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, TQ: SAUNDATTI, DIST: DHARWAD.

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THE EXECUTIVE ENGINEER, M.L.B.C.C.DIVISION NO. 2, NAVILUTHEERTH, TQ: SAVADATTI, DIST: BELGAUM.

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... RESPONDENTS

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(NOTICE TO R1 SERVED, SRI. G.K. HIREGOUDAR, ADV., FOR R2)

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THIS M.F.A. FILED SECTION 54(1) OF LA ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2005 LAC NO.121/2001 ON THE FILE OF CIVIL JUDGE (SR.DN.), BAILHONGAL, PARTLY

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ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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JUDGMENT

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This appeal is by the claimant seeking enhancement of compensation awarded by the Reference Court.

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The learned counsel for the appellant submits

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this matter is covered by the judgment of this Court in M.F.A. No.21056/2011 disposed of on 30.08.2011 wherein this Court in respect of similarly situated land acquired under the same notification has allowed the appeal and enhanced the compensation awarded by the reference Court from Rs.96,000/- to Rs.1,19,000/- per acre with proportionate statutory benefits and cost without interest for the delayed period and prays for disposal of this appeal in the same terms.

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Learned HCGP appearing for respondent No.1 and Sri. G.K.Hiregoudar, learned counsel appearing for

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respondent No.2 do not dispute the above factual position, but Sri. G.K. Hiregoudar, learned counsel submits that interest and cost may be excluded in view of inordinate delay of 2620 days in filing this appeal.

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Accordingly, the appeal is allowed. The judgment and award dated 09.03.2005 passed in LAC No.121/2001 on the file of the Civil Judge (Sr.Dn.), Bailhongal is modified enhancing the compensation awarded by the Reference Court from Rs.96,000/- to Rs.1,19,000/- per acre with proportionate statutory benefits, with 50% cost and with interest but excluding the interest for the delayed period of 2620 days in preferring the appeal.

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SD/JUDGE

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Rudragouda S/O Shivanagouda Patil, v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Rudragouda S/O Shivanagouda Patil, v. the Special Land Acquisition Officer

Case brief

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