Allowed

Nagendrappa S/O Manohar and Ors. v. the Cheif Engineer Knnl and Ors.

Karnataka HC11 Jan 2017MFA/200199/2014

Case brief

AI extract

What is this about?

The High Court allowed the appeal filed for enhancement of land acquisition compensation. Relying on a connected judgment, the market value was enhanced to Rs.2,77,000 per acre with statutory benefits, and interest was permitted from the date of award subject to a delay condonation condition.

What did the court decide?

Judgment dated 25.11.2011 modified; market value enhanced to Rs.2,77,000 per acre with statutory benefits; award to be drawn accordingly.

Nagendrappa S/O Manohar and Ors. Vs the Cheif Engineer… — Land Acquisition | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

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DATED THIS THE 11^TH DAY OF JANUARY, 2017

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PRESENT

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THE HON’BLE MR. JUSTICE A.S. BOPANNA AND

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THE HON’BLE MR. JUSTICE B.A.PATIL

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M.F.A. No.200199/2014 (LAC)

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BETWEEN:

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NAGENDRAPPA S/O MANOHAR AGE: 40 YEARS, OCC: AGRICULTURE,

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PUNDALIK S/O VEERAPPA AGE: 65 YEARS, OCC: AGRICULTURE,

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SMT. KAMALABAI W/O PANCHAKSHARAYYA AGE: 71 YEARS, OCC: AGRICULTURE, NOW NIL

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ALL R/O: GADILINGADALLI, TQ: CHINCHOLI, DIST: GULBARGA.

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.... APPELLANTS

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(BY SRI S.S. SAJJANSHETTY, ADV.)

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AND:

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THE CHIEF ENGINEER, KNNL IPC ZONE, GULBARGA – 585 101.

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THE EXECUTIVE ENGINEER LMP, DIVISION NO.2, KNNL, SULEPETH, TQ: CHINCHOLI, DIST: GULBARGA – 585 101.

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THE SPECIAL LAND ACQUISITION OFFICER, MAJOR AND MINOR IRRIGATION PROJECT GULBARGA, TQ: DIST: GULBARGA – 585 101.

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.... RESPONDENTS

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(BY SRI. GOURISH S. KASHAMPUR, ADV. FOR R-1 & R-2; SMT. ARCHANA P. TIWARI, AGA FOR R-3)

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THIS APPEAL IS FILED UNDER SECTION 54(1) OF L.A. ACT AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2011 PASSED IN LAC NO.30/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHINCHOLI, WHEREIN PARTLY ALLOWING THE REFERENCE PETITION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY A.S.BOPANNA J., DELIVERED THE FOLLOWING:

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J U D G M E N T

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The appellants are before this Court seeking enhancement of the market value as against the amount awarded in the award passed in L.A.C.No.30/2010.

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The land bearing Sy.No.53/2/Po/2 measuring 5 acres 36 guntas was acquired under the notification dated 08.11.2007. Claiming to be aggrieved by the market value determined by the Special Land Acquisition Officer through the award dated 14.10.2009, a protest petition under Section 18 of the Land Acquisition Act was

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filed. The matter was accordingly referred to the

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Reference Court in L.A.C.No.30/2010. The said reference was clubbed with few other references relating to the same acquisition and the Reference Court through its judgment dated 25.11.2011 has enhanced the market value to Rs.1,48,000/- per acre with statutory benefits. The landloser seeking further enhancement of the market value is before this Court in this appeal.

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Though several contentions are urged herein, it is unnecessary for this Court to go into the same at this juncture since in a related matter in MFA No.201767/2014 and connected appeals arising out of the common judgment which is the subject matter in this appeal, one of us (BAPJ) while disposing of the appeal through the judgment dated 13.12.2016 has enhanced the market value to Rs.2,77,000/- per acre with statutory benefits and costs. In that view, a similar consideration is required to be made in the instant appeal as well.

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Accordingly, the judgment dated 25.11.2011 passed in L.A.C.No.30/2010 is modified and the market

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value in respect of the lands in question is enhanced to Rs.2,77,000/- per acre with all statutory benefits and costs incurred in this appeal. The award be drawn accordingly.

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While depositing the amount of

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compensation, the respondents are permitted to deduct the interest for 698 days since the delay is condoned subject to that condition.

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The appeal is accordingly disposed of.

Sd/-

JUDGE

Sd/JUDGE

hrp ct:RRJ

Nagendrappa S/O Manohar and Ors. v. the Cheif Engineer Knnl and Ors.

Case brief

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Nagendrappa S/O Manohar and Ors. v. the Cheif Engineer Knnl and Ors.

Case brief

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