Partly allowed

Sri. Mahmed Shafi Pasha and Anr. v. the Deputy Chief Engineer and Ors.

Karnataka HC31 Aug 2020MFA.CROB/200003/2018

Case brief

AI extract

What is this about?

Compensation for lands acquired for railways was marginally reduced, with different rates according to location. The acquiring authorities’ challenges partly succeeded and the landowners’ challenges failed. The court fixed interest accrual from the award or possession, whichever was earlier, and directed transmission of deposits for disbursement.

What did the court decide?

Compensation rates reduced; interest accrual fixed from award or possession, whichever was earlier; deposits ordered transmitted to the Reference Court for lawful disbursement.

Sri. Mahmed Shafi Pasha and Anr. Vs the Deputy Chief… — Land Acquisition | Karnataka HC (2020)

¶1

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

¶2

DATED THIS THE 31^ST DAY OF AUGUST, 2020

¶3

PRESENT

¶4

THE HON’BLE MR.JUSTICE KRISHNA S.DIXIT

¶5

AND

¶6

THE HON’BLE MR.JUSTICE P.KRISHNA BHAT

¶7

MFA No.201188/2017 (LAC) C/W

¶8

MFA Crob.No.200006/2018 (LAC), MFA No.201190/2017 (LAC), MFA Crob.No.200005/2018 (LAC), MFA No.201187/2017(LAC), MFA Crob.No.200003/2018 (LAC), MFA No.201422/2018 (LAC), MFA Crob.No.200008/2020 (LAC), MFA No.201421/2018 (LAC), MFA Crob.No. 200006/2020 (LAC), MFA No.201771/2018 (LAC), MFA Crob. No.200007/2020 (LAC), MFA No.201494/2017 (LAC), MFA Crob.No.200004/2018 (LAC), MFA No.201192/2017 (LAC), MFA Crob.No.200001/2018 (LAC), MFA No.201189/2017 (LAC), MFA Crob.No.200002/2018 (LAC), MFA No. 201191/2017 (LAC), MFA Crob.No. 200008/2018 (LAC), MFA No.201495/2017 (LAC), MFA Crob.No.200007/2018 (LAC), MFA No.201769/2018 (LAC), MFA No.201508/2018 (LAC), MFA No.201770/2018 (LAC), MFA No.201130/2019 (LAC), MFA No.201131/2019 (LAC), MFA No.201132/2019 (LAC) & MFA No.201133/2019 (LAC)

¶9

MFA No.201188/2017:

¶10

Between:

¶11

Union of India Through Deputy Chief Engineer (Const), South Central

¶12

¶13

Railways-III, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction S.C. Railway Gulbarga

¶14

… Appellant

¶15

(By Sri Manvendra Reddy, Advocate)

¶16

And:

¶17

Sri Gurunath S/o Tippanna Age: Major, Occ: Agriculture R/o Tajsultanpur, Gulbarga – 585 102

¶18

The Deputy Commissioner Gulbarga – 585 102

¶19

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶20

… Respondents

¶21

(By Sri Subhash Mallapur, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶22

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to (i) call for the records in L.A.C.No.655/2013 on the file of Prl. Senior Civil Judge, Kalaburagi. (ii) Allow the appeal by setting aside the Judgment & Award dated 25.01.2017 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.655/2013.

¶23

¶24

MFA CROB No.200006/2018 IN MFA No.201188/2017:

¶25

Between:

¶26

Gurunath S/o Tippanna Age: Major, Occ: Agriculture R/o Taj Sultanpur, Gulbarga

¶27

… Cross Objector

¶28

(By Sri Subhash Mallapur, Advocate)

¶29

And:

¶30

The Deputy Chief Engineer (S.C. Railway), Railway Nilaya Building Secundrabad (A.P) – 410 001

¶31

The Deputy Commissioner Kalaburagi – 585 102

¶32

Office of the Assistant Commissioner & Land Acquisition Officer Kalaburagi – 585 102

¶33

… Respondents

¶34

(By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶35

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to call for the records and allow the appeal by setting aside the judgment and award in L.A.C.No.655/2013 date: 25.01.2017 thereby modifying the judgment and award with an enhancement of further additional Rs.37.29 pisa per Sq. Feet i.e. Rs.150 per Sq.Ft., though he is entitled for Rs.90.29 pisa, i.e. 203 per Sq feet.

MFA No.201190/2017:

Between:

Union of India Through Deputy Chief Engineer Construction, South Central Railways-III, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction S.C. Railway Gulbarga

¶40

… Appellant

¶41

(By Sri Manvendra Reddy, Advocate)

¶42

And:

¶43

Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶44

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶45

Sri Mudasir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture All R/o Tujsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶46

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶47

The Deputy Commissioner Gulbarga – 585 102 … Respondents

¶48

(By Sri Subhash Mallapur, Advocate for R1 to R3; Smt. Archana P. Tiwari, AGA for R4 & R5)

¶49

¶50

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to call for the records and allow the appeal by setting aside the Judgment & Award dated 01.12.2016 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.654/2013.

¶51

MFA CROB No.200005/2018 IN MFA No.201190/2017:

¶52

Between:

¶53

Sri Nazeer Ahmed S/o Shabbir Ali Age Major, Occ: Agriculture

¶54

Sri Gulam S/o Shabbir Ali Age major, Occ: Agriculture

¶55

Sri Mudsir Ali S/o Shabbir Ali Age Major, Occ: Agriculture All R/o Taj Sultanpur, Kalaburagi

¶56

… Cross Objectors

¶57

(By Sri Subhash Mallapur, Advocate)

¶58

And:

¶59

The Deputy Chief Engineer (S.C. Railway), Railway nilaya Building Secundrabad (A.P) – 410 001

¶60

The Deputy Commissioner Gulbarga – 585 102

¶61

Office of the Assistant Commissioner Kalaburagi – 585 102

¶62

… Respondents

¶63

(By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶64

¶65

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to call for the records and allow the appeal by setting aside the judgment and award in L.A.C.No.654/2013 dated: 01.12.2016, thereby modifying the judgment and award with an enhancement of further additional Rs.37.29 pisa per Sq. Feet i.e. Rs.150 per Sq.Ft., though he is entitled for Rs.90.29 pise, i.e. 203 per Sq feet.

¶66

MFA No.201187/2017: Between:

¶67

Union of India Through Deputy Chief Engineer Construction, South Central Railways-III, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction S.C. Railway Gulbarga

¶68

… Appellant

¶69

(By Sri Manvendra Reddy, Advocate)

¶70

And:

¶71

Sri Mahmed Shafi Pasha S/o Hasji Mahamed Ali Age: Major, Occ: Agriculture

¶72

Sri Chandrakant S/o Ambaraya Nellur, Age: Major, Occ: Agriculture

¶73

Both R/o Tujsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶74

¶75

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶76

The Deputy Commissioner Gulbarga – 585 102

¶77

… Respondents

¶78

(By Sri Subhash Mallapur, Advocate for R1 & R2; Smt. Archana P. Tiwari, AGA for R3 & R4)

¶79

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to call for the records and allow the appeal by setting aside the Judgment & Award dated 25.01.2017 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.652/2013.

¶80

MFA CROB No.200003/2018 IN MFA No.201187/2017:

¶81

Between:

¶82

Sri Mahmed Shafi Pasha S/o Hasji Mahmed Ali Age Major, Occ: Agriculture

¶83

Sri Chandrakant S/o Ambraya Nellur Age: Major, Occ: Agriculture Both R/o Taj Sultanpur, Kalaburagi

¶84

… Cross Objectors

¶85

(By Sri Subhash Mallapur, Advocate)

¶86

And:

¶87

The Deputy Chief Engineer (S.C. Railway), Railway nilaya

¶88

¶89

Building Secundrabad (A.P) – 410 001

¶90

The Deputy Commissioner Kalaburagi – 585 102

¶91

Office of the Assistant Commissioner & Land Acquisition Officer Kalaburagi – 585 102

¶92

… Respondents

¶93

(By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶94

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to call for the records and allow the appeal by setting aside the judgment and award in L.A.C.No.652/2013 date: 25.01.2016 thereby modifying the judgment and award with an enhancement of further additional Rs.90.29 Pisa per Sq feet.

¶95

MFA No.201422/2018:

¶96

Between:

¶97

Union of India Through Deputy Chief Engineer Construction, South Central Railways-III, Secundrabad (Andhra Pradesh) now at Present Railway Station Gulbarga

¶98

… Appellant

¶99

(By Sri Manvendra Reddy, Advocate)

¶100

And:

¶101

Smt. Bhimbai W/o Gurappa Since Deceased by LRs.

¶102

¶103

Sri Gundappa S/o Gurappa Age: Major, Occ: Agriculture

¶104

Yellappa S/o Gurappa Age: Major, Occ: Agriculture

¶105

Both R/o Ganajalkhed Village Tq. & Dist: Kalaburagi– 585 102

¶106

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶107

The Deputy Commissioner Gulbarga – 585 102

¶108

… Respondents

¶109

(By Sri Amresh S. Roja, Advocate for R1 & R2; Smt. Archana P. Tiwari, AGA for R3 & R4)

¶110

This Miscellaneous First Appeal is filed under Section 54 (1) of LA Act, praying to call for the records & allow the appeal by setting aside the Judgment & Award dated 16.01.2018 passed by learned I Addl. Senior Civil Judge, Kalaburagi, in LAC No.635/2013.

¶111

MFA CROB No.200008/2020 IN MFA No.201422/2018:

¶112

Between:

¶113

Gundappa S/o Gurappa Age: 52 years, Occ: Agriculture

¶114

Yellappa S/o Gurappa Age: 48 years, Occ: Agriculture

¶115

¶116

Both R/o Ganajalkhed Village Tq. & Dist. Kalaburagi – 585 107

¶117

… Cross Objectors

¶118

(By Sri Amresh S. Roja, Advocate)

¶119

And:

¶120

Union of India Through Deputy Chief Engineer (Construction), South-Central Railways, Railway Nilaya Building Secunderabad (Telangana State) Presently at Kalaburagi Railway Station – 585 107

¶121

The Deputy Commissioner Mini Vidhana Soudha Kalaburagi – 585 107

¶122

Office of the Asst. Commissioner & Land Acquisition Officer Kalaburagi – 585 104

¶123

… Respondents

¶124

(By Sri Manvendra Reddy Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶125

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to allow the appeal modifying the finding recorded in judgment in LAC No. 635/2013 dated: 16.01.2018 passed by the I Additional Senior Civil Judge at Kalaburagi and enhance the claim made by the appellant in the appeal.

MFA No.201421/2018:

Between:

Union of India Through Deputy Chief Engineer Construction, South Central Railways, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction S.C. Railway Gulbarga

¶130

… Appellant

¶131

(By Sri Manvendra Reddy, Advocate)

¶132

And:

¶133

Sri Yellappa S/o Gurappa Ganajalkhed, Age: Major, Occ: Agriculture R/o Ganajalkhed Village Tq. & Dist: Kalaburagi– 585 102

¶134

The State of Karnataka Through the Asst Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶135

The Deputy Commissioner Gulbarga – 585 102

¶136

… Respondents

¶137

(By Sri Amresh S. Roja, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶138

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to (i) call for the records in L.A.C.No.633/2013 on the file of the I Addl. Senior

¶139

¶140

Civil Judge, Kalaburagi. (ii) allow the appeal by setting aside the Judgment & Award dated 16.01.2018 passed by learned I Addl. Senior Civil Judge, Kalaburagi, in LAC No.633/2013.

¶141

MFA CROB No.200006/2020 IN MFA No.201421/2018:

¶142

Between:

¶143

Yellappa S/o Gurappa Ganajalkhed Age: 48 years, Occ: Agriculture R/o Ganajalkhed Village Tq. & Dist. Gulbarga

¶144

… Cross Objector

¶145

(By Sri Amresh S. Roja, Advocate)

¶146

And:

¶147

Union of India Through Deputy Chief Engineer (Construction), South-Central Railways, Railway Nilaya Building Secunderabad (Telangana State) Presently at Kalaburagi Railway Station – 585 107

¶148

The Deputy Commissioner Mini Vidhana Soudha Kalaburagi – 585 107

¶149

Office of the Asst. Commissioner & Land Acquisition Officer Kalaburagi – 585 104

¶150

… Respondents

¶151

(By Sri Manvendra Reddy Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶152

¶153

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to allow the appeal modifying the finding recorded in judgment in LAC No. 633/2013, dated: 16.01.2018 passed by the I Additional Senior Civil Judge, at Kalaburagi and enhance the claim made by the appellant in the appeal.

¶154

MFA No.201771/2018:

¶155

Between:

¶156

Union of India Through Deputy Chief Engineer Construction, South Central Railways, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction, S.C. Railway Gulbarga

¶157

… Appellant

¶158

(By Sri Manvendra Reddy & Sri Narendra M. Reddy, Advocates)

¶159

And:

¶160

Gundappa S/o Gurappa Age: Major, Occ: Agriculture R/o Ganajalkhed Village Tq. & Dist: Kalaburagi– 585 103

¶161

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Kalaburagi– 585 103

¶162

¶163

The Deputy Commissioner Kalaburagi– 585 103

¶164

… Respondents

¶165

(By Sri Amresh S. Roja, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶166

This Miscellaneous First Appeal is filed under Section 54 (1) of LA Act, praying to (i) call for the records in L.A.C.No.648/2013 on the file of the III Addl. Senior Civil Judge, Kalaburagi (ii) allow the appeal by setting aside the Judgment & Award dated 16.04.2018 passed by learned III Addl. Senior Civil Judge, Kalaburagi, in LAC No.648/2013.

¶167

MFA CROB No.200007/2020 IN MFA No.201771/2018:

¶168

Between:

¶169

Gundappa S/o Gurappa Age: 52 years, Occ: Agriculture R/o Ganajalkhed Village Tq. & Dist: Kalaburagi– 585 104

¶170

… Cross Objector

¶171

(By Sri Amaresh S. Roja, Advocate)

¶172

And:

¶173

Union of India Through Deputy Chief Engineer (Construction), South-Central Railways, Railway Nilaya Building Secunderabad (Telangana State) Presently at Kalaburagi Railway Station – 585 107

¶174

The Deputy Commissioner Mini Vidhana Soudha Kalaburagi – 585 107

¶175

¶176

Office of the Asst. Commissioner & Land Acquisition Officer Kalaburagi – 585 104

¶177

… Respondents

¶178

(By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶179

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to allow the appeal modifying the finding recorded in judgment and award dated: 16.04.2018 in LAC No.648/2013, passed by the III Additional Senior Civil Judge, at Kalaburagi and enhance the claim made by the appellant in the appeal.

¶180

MFA No.201494/2017:

¶181

Between:

¶182

Union of India Through Deputy Chief Engineer Construction, South Central Railways-III, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction S.C. Railway Gulbarga

¶183

… Appellant

¶184

(By Sri Manvendra Reddy, Advocate)

¶185

And:

¶186

Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶187

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶188

¶189

Sri Mudsir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture

¶190

All R/o Tujsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶191

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶192

The Deputy Commissioner Gulbarga – 585 102

¶193

… Respondents

¶194

(By Sri Subhash Mallapur, Advocate for R1 to R3; Smt. Archana P. Tiwari, AGA for R4 & R5)

¶195

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to (i) call for the records in L.A.C.No.659/2013 on the file of Prl. Senior Civil Judge, Kalaburagi; (ii) allow the appeal by setting aside the Judgment & Award dated 01.12.2016 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.659/2013.

¶196

MFA CROB No.200004/2018 IN MFA No.201494/2017:

¶197

Between:

¶198

Sri Nazeer Ahmed S/o Shabbir Ali Age Major, Occ: Agriculture

¶199

Sri Gulam S/o Shabbir Ali Age major, Occ: Agriculture

¶200

Sri Mudsir Ali S/o Shabbir Ali Age Major, Occ: Agriculture All R/o Taj Sultanpur, Kalaburagi

¶201

¶202

… Cross Objectors

¶203

(By Sri Subhash Mallapur, Advocate)

¶204

And:

¶205

The Deputy Chief Engineer (S.C. Railway), Railway nilaya Building Secundrabad (A.P) – 410 001

¶206

The Deputy Commissioner Gulbarga – 585 102

¶207

Office of the Assistant Commissioner & Land Acquisition Officer Kalaburagi – 585 102

¶208

… Respondents

¶209

(By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶210

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to call for the records and allow the appeal by setting aside the judgment and award in L.A.C.No.659/2013 dated: 01.12.2016, thereby modifying the judgment and award with an enhancement of further additional Rs.37.29 Pisa per Sq feet i.e. Rs 150 per Sq.ft., though he is entitled for Rs.90.29 paise, i.e 203 per Sq.Ft.

¶211

MFA No.201192/2017:

¶212

Between:

¶213

Union of India Through Deputy Chief Engineer (Const), South Central Railways-III, Secundrabad

¶214

¶215

(Andhra Pradesh) Represented by Assistant Executive Engineer Construction South Central Railway Gulbarga

¶216

… Appellant

¶217

(By Sri Manvendra Reddy, Advocate)

¶218

And:

¶219

Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶220

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶221

Sri Mudasir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture All R/o Tajsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶222

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶223

The Deputy Commissioner Gulbarga – 585 102 … Respondents

¶224

(By Sri Subhash Mallapur, Advocate for R1 to R3; Smt. Archana P. Tiwari, AGA for R4 & R5)

¶225

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to call for the records and allow the appeal by setting aside the Judgment and Award dated 01.12.2016 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.658/2013.

¶226

¶227

MFA CROB No.200001/2018 IN MFA No.201192/2017:

¶228

Between:

¶229

Sri Nazeer Ahmed S/o Shabbir Ali Age Major, Occ: Agriculture

¶230

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶231

Sri Mudsir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture All R/o Taj Sultanpur, Kalaburagi

¶232

… Cross Objectors

¶233

(By Sri Subhash Mallapur, Advocate)

¶234

And:

¶235

The Deputy Chief Engineer (S.C. Railway), Railway nilaya Building Secundrabad (A.P) – 410 001

¶236

The Deputy Commissioner Gulbarga – 585 102

¶237

Office of the Assistant Commissioner & Land Acquisition Officer Kalaburagi – 585 102

¶238

… Respondents

¶239

(By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶240

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to call for the records and allow the appeal by setting aside the judgment and award in L.A.C.No.658/2013

¶241

¶242

dated: 01.12.2016, thereby modifying the judgment and award with an enhancement of further additional Rs.37.29 pisa per Sq. Feet i.e. Rs.150 per Sq.Ft., though he is entitled for Rs.90.29 pisa, i.e. 203 per Sq feet.

¶243

MFA No.201189/2017:

¶244

Between:

¶245

Union of India Through Deputy Chief Engineer (Const), South Central Railways-III, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction S.C. Railway Gulbarga

¶246

… Appellant

¶247

(By Sri Manvendra Reddy, Advocate)

¶248

And:

¶249

Sri Peerappa S/o Nagappa Age: Major, Occ: Agriculture R/o Tajsultanpur, Gulbarga – 585 102

¶250

The Deputy Commissioner Gulbarga – 585 102

¶251

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶252

… Respondents

¶253

(By Sri Subhash Mallapur, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶254

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to call for the records

¶255

¶256

and allow the appeal by setting aside the Judgment and Award dated 25.01.2017 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.656/2013.

¶257

MFA CROB No.200002/2018 IN MFA No.201189/2017:

¶258

Between:

¶259

Peerappa S/o Nagappa Age: Major, Occ: Agriculture R/o Taj Sultanpur, Gulbarga

¶260

… Cross Objector

¶261

(By Sri Subhash Mallapur, Advocate)

¶262

And:

¶263

The Deputy Chief Engineer (S.C. Railway), Railway nilaya Secundrabad (A.P)

¶264

The Deputy Commissioner Gulbarga

¶265

Office of the Assistant Commissioner & Land Acquisition Officer Kalaburagi

¶266

… Respondents

¶267

(By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶268

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to call for the records and allow the appeal by setting aside the judgment and award in L.A.C.No.656/2013 date: 25.01.2017 thereby modifying the judgment and award with an enhancement of further additional Rs.90.29 Pisa per Sq feet.

MFA No.201191/2017:

Between:

Union of India Through Deputy Chief Engineer Construction, South Central Railways-III, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction S.C. Railway Gulbarga

¶273

… Appellant

¶274

(By Sri Manvendra Reddy, Advocate)

¶275

And:

¶276

Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶277

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶278

Sri Mudasir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture All R/o Tujsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶279

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶280

The Deputy Commissioner Gulbarga – 585 102 … Respondents

¶281

(By Sri Subhash Mallapur, Advocate for R1 to R3; Smt. Archana P. Tiwari, AGA for R4 & R5)

¶282

¶283

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to (i) call for the records in L.A.C.No.657/2013 on the file of Prl. Senior Civil Judge, Kalaburagi; (ii) allow the appeal by setting aside the Judgment & Award dated 01.12.2016 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.657/2013.

¶284

MFA CROB No.200008/2018 IN MFA No.201191/2017:

¶285

Between:

¶286

Sri Nazeer Ahmed S/o Shabbir Ali Age Major, Occ: Agriculture

¶287

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶288

Sri Mudsir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture All R/o Taj Sultanpur, Kalaburagi

¶289

… Cross Objectors

¶290

(By Sri Subhash Mallapur, Advocate)

¶291

And:

¶292

The Deputy Chief Engineer (S.C. Railway), Railway nilaya Building Secundrabad (A.P) – 410 001

¶293

The Deputy Commissioner Gulbarga – 585 202

¶294

Office of the Assistant Commissioner & Land Acquisition Officer Kalaburagi – 585 202

¶295

… Respondents (By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶296

¶297

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to call for the records and allow the appeal by setting aside the judgment and award in L.A.C.No.657/2013 dated: 01.12.2016, thereby modifying the judgment and award with an enhancement of further additional Rs.37.29 pisa per Sq. Feet i.e. Rs.150 per Sq.Ft., though he is entitled for Rs.90.29 pisa, i.e. 203 per Sq feet.

¶298

MFA No.201495/2017:

¶299

Between:

¶300

Union of India Through Deputy Chief Engineer Construction, South Central Railways-III, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction S.C. Railway Gulbarga

¶301

… Appellant

¶302

(By Sri Manvendra Reddy, Advocate)

¶303

And:

¶304

Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶305

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶306

Sri Mudsir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture

¶307

All R/o Tujsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶308

¶309

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶310

The Deputy Commissioner Gulbarga – 585 102

¶311

… Respondents

¶312

(By Sri Subhash Mallapur, Advocate for R1 to R3; Smt. Archana P. Tiwari, AGA for R3 & R4)

¶313

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to (i) call for the records in L.A.C.No.660/2013 on the file of Prl. Senior Civil Judge, Kalaburagi; (ii) allow the appeal by setting aside the Judgment & Award dated 01.12.2016 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.660/2013.

¶314

MFA CROB No.200007/2018 IN MFA No.201495/2017:

¶315

Between:

¶316

Sri Nazeer Ahmed S/o Shabbir Ali Age Major, Occ: Agriculture

¶317

Sri Gulam S/o Shabbir Ali Age major, Occ: Agriculture

¶318

Sri Mudsir Ali S/o Shabbir Ali Age Major, Occ: Agriculture All R/o Taj Sultanpur, Kalaburagi

¶319

… Cross Objectors

¶320

(By Sri Subhash Mallapur, Advocate)

¶321

¶322

And:

¶323

The Deputy Chief Engineer (S.C. Railway), Railway nilaya Building Secundrabad (A.P) – 410 001

¶324

The Deputy Commissioner Gulbarga – 585 102

¶325

Office of the Assistant Commissioner And Land Acquisition Officer Kalaburagi – 585 102

¶326

… Respondents

¶327

(By Sri Manvendra Reddy, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶328

This MFA Crob. is filed under Order 41 Rule 22 of CPC Act, praying to call for the records and allow the appeal by setting aside the judgment and award in L.A.C.No.660/2013 dated: 15.07.2015, thereby modifying the judgment and award with an enhancement of further Additional Rs.37.29 Pisa per Sq feet. i.e. Rs 150 per Sq.ft., through he is entitled for Rs.90.29 paise, i.e 203 per Sq.Ft.

¶329

MFA No.201769/2017:

¶330

Between:

¶331

Union of India Through Deputy Chief Engineer Construction, South Central Railways, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction

¶332

¶333

S.C. Railway, Gulbarga

¶334

… Appellant

¶335

(By Sri Manvendra Reddy, Advocate)

¶336

And:

¶337

Smt. Shakuntalabai W/o Guru Bheemrao Kulkarni Age: Major, Occ: Household R/o Balghat Compound, Kalaburagi – 585 102

¶338

The Deputy Commissioner Kalaburagi– 585 102

¶339

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶340

… Respondents

¶341

(By Sri Venkatesh C. Mallabadi, Advocate for R1; Smt. Archana P. Tiwari AGA, for R2 & R3)

¶342

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to call for the records and allow the appeal by setting aside the Judgment & Award dated 16.04.2018 passed by learned I Addl. Senior Civil Judge, Kalaburagi, in LAC No.634/2013.

¶343

MFA No.201508/2018:

¶344

Between:

¶345

Union of India Through Deputy Chief Engineer Construction, South Central Railways, Secundrabad

¶346

¶347

(Andhra Pradesh) Represented by Assistant Executive Engineer South Central Railway (Const.) Gulbarga

¶348

… Appellant

¶349

(By Sri Manvendra Reddy, Advocate)

¶350

And:

¶351

Sri Mallikarjun S/o Tippanna Age: Major, Occ: Agriculture R/o Tajsultanpur Village Tq. & Dist: Gulbarga – 585 104

¶352

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Gulbarga – 585 102

¶353

The Deputy Commissioner Gulbarga – 585 102

¶354

… Respondents

¶355

(By Sri Babu H. Metagudda, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶356

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to (i) call for the records in L.A.C.No.653/2013 on the file of the Prl. Senior Civil Judge, Kalaburagi; (ii) allow the appeal by setting aside the Judgment and Award dated 13.03.2018 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.653/2013.

¶357

MFA No.201770/2017:

¶358

Between:

¶359

Union of India Through Deputy Chief Engineer

¶360

¶361

Construction, South Central Railways, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer Construction South Central Railway Gulbarga-585102

¶362

… Appellant

¶363

(By Sri Manvendra Reddy & Sri Narendra M. Reddy, Advocates)

¶364

And:

¶365

Smt. Nagamma W/o Late Ramanna Minajagi, Age: Major, Occ: Household R/o Tajsultanpur village Tq. & Dist. Kalaburagi-585102

¶366

The Deputy Commissioner Kalaburagi– 585 102

¶367

The State of Karnataka Through the Asst. Commissioner and Land Acquisition Officer, Kalaburagi– 585 102

¶368

… Respondents

¶369

(By Sri Venkatesh C. Mallabadi, Advocate for R1; Smt. Archana P. Tiwari, AGA for R2 & R3)

¶370

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to call for the records and allow the appeal by setting aside the Judgment and Award dated 16.04.2018 passed by learned I Addl. Senior Civil Judge, Kalaburagi in LAC No.639/2013.

MFA No.201130/2019:

Between:

The Deputy Commissioner Gulbarga – 585 102

¶375

The Land Acquisition Officer, of the Assistant Commissioner Gulbarga – 585 102 … Appellants

¶376

(By Smt. Archana P. Tiwari, AGA) And: 1. Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶377

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶378

Sri Mudsir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture All R/o Tajsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶379

The Deputy Chief Engineer (S.C. Railway) Railway Nilaya Building Secundrabad (Andhra Pradesh) … Respondents

¶380

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to call for the records and allow the appeal by setting aside the Judgment & Award

¶381

¶382

dated 01.12.2016 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.659/2013.

¶383

MFA No.201131/2019:

¶384

Between:

¶385

The Deputy Commissioner

¶386

Gulbarga – 585 102

¶387

The Land Acquisition Officer, of the Assistant Commissioner Gulbarga – 585 102

¶388

… Appellants

¶389

(By Smt. Archana P. Tiwari, AGA)

¶390

And:

¶391

Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶392

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶393

Sri Mudsir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture

¶394

All R/o Tajsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶395

The Deputy Chief Engineer (S.C. Railway) Railway Nilaya Building Secundrabad (Andhra Pradesh)

¶396

… Respondents

¶397

This Miscellaneous First Appeal is filed under Section 54 (1) of Land Acquisition Act, praying to call for the records

¶398

¶399

and allow the appeal by setting aside the Judgment & Award dated 01.12.2016 passed by learned Prl. Senior Civil Judge, Kalaburagi, in LAC No.660/2013.

¶400

MFA No.201132/2019:

¶401

Between:

¶402

The Deputy Commissioner Gulbarga – 585 102

¶403

The Land Acquisition Officer, of the Assistant Commissioner Gulbarga – 585 102

¶404

… Appellants

¶405

(By Smt. Archana P. Tiwari, AGA)

¶406

And:

¶407

Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶408

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶409

Sri Mudsir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture

¶410

All R/o Tajsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶411

The Deputy Chief Engineer (S.C. Railway) Railway Nilaya Building Secundrabad (Andhra Pradesh)

… Respondents

MFA No.201133/2019:

Between:

The Deputy Commissioner Gulbarga – 585 102

¶418

The Land Acquisition Officer, of the Assistant Commissioner Gulbarga – 585 102

¶419

… Appellants

¶420

(By Smt. Archana P. Tiwari, AGA)

¶421

And:

¶422

Sri Nazeer Ahmed S/o Shabbir Ali Age: Major, Occ: Agriculture

¶423

Sri Gulam S/o Shabbir Ali Age: Major, Occ: Agriculture

¶424

Sri Mudasir Ali S/o Shabbir Ali Age: Major, Occ: Agriculture

¶425

All R/o Tajsultanpur Village Tq. & Dist. Kalaburagi – 585 103

¶426

The Deputy Chief Engineer (S.C. Railway) Railway Nilaya Building Secundrabad (Andhra Pradesh)

… Respondents

These Appeals & Cross Objections coming on for admission this day, Krishna S. Dixit J., delivered the following:-

¶431

JUDGMENT

¶432

In these cases the acquiring body, the beneficiary of acquisition & the land-losers are before this Court, ventilating their grievances against the impugned Judgments & Awards entered by the Reference Court; the land-losers’ grieve that the award of compensation is on the lower side whereas, per contra, the SLAO & Railways complain that the same is much on the higher side.

¶433

After service of notice, the opposing parties having entered appearance through their counsel, repel

¶434

¶435

each others’ contentions; on the suggestion of the Bar, these cases which have a similar fact matrix and which involve similar questions of law are taken up for final hearing and disposal by this common judgment.

¶436

The brief facts:

¶437

(a) This acquisition for the benefit of Railways commenced with the issuance of Preliminary Notification dated 01.07.2010; the Final Notification was issued on 03.03.2011 and Award came to be passed on 09.07.2012; subsequently, the possession of these lands situate in the same village was also taken presumably on different dates.

¶438

(b) Not being satisfied with the compensation

¶439

awarded by the SLAO, the land-losers were before the Reference Court which has enhanced the compensation, on a very higher side according to the Railways and on a very meager side in the opinion of the land-losers; hence these Appeals/Cross Objections.

¶440

¶441

We have heard learned counsel for the

¶442

parties and perused the papers from the original TCR; we are of the considered opinion that the compensation awarded is a bit on the higher side and therefore, the same requires to be marginally downwardly revised as under and for the following reasons:

¶443

(a) There is no dispute that all these lands are situate at Taj Sultanpur village which finds place in the Master Plan dated 29.11.1965 issued under the provisions of Karnataka Town and Country Planning Act, 1961 and thus the said village is near the periphery of Gulbarga Town, as it then was; therefore, these lands had the potential for conversion to non-agricultural user, cannot be seriously controverted, which aspect the learned Judge of the Reference Court has duly adverted to; this aspect has also been discussed by the Division Bench in Mohammed Tajoddin Case, infra.

¶444

¶445

(b) There is force in the contention of learned

¶446

Sr. Panel Counsel for the Railways that a sporadic Sale Deed dated 29.07.2013 which comprised only one gunta of agricultural land ought not to have much banked upon by the Reference Court; ‘one single sparrow, makes not the summer’, said Shakespeare is true; as already mentioned above, Preliminary Notification is dated 01.07.2010 and thus the gap between initiation of acquisition process and execution of the Sale Deed is more than three years; the Apex Court in Central Manager, ONGC vs. Ramesh Bhai Jeevan Bhai Patel, (2008) 14 SCC 745 stated the legal position at para-16 of its decision as under:

¶447

“… One of the fundamental principles of valuation is that the transactions subsequent to the acquisition should be ignored for determining the market value of acquired lands, as the very acquisition and the consequential development would accelerate the overall development of the surrounding areas resulting in a sudden or steep spurt in the prices. Courts should, therefore, avoid determination of market value with reference to subsequent/future transactions/ Even if it

¶448

¶449

becomes inevitable, there should be greater caution in applying the prices fetched for transactions in future. …”

¶450

Railways is more than justified in finding fault with the learned Judge of the Reference Court in placing any reliance on the subject Sale Deed of July 2013 inasmuch as it comprised of only one single gunta of agricultural land which is not even a house site; by now it has been well settled that an agricultural land continues to be agricultural unless & until the same is got converted to non-agricultural user under Section 95 of the Karnataka Land Revenue Act, 1964; that apart, where a huge extent of land has been acquired especially for the benefit of Governmental bodies like the Railways, the comparative sale transactions comprising small bits of lands would not be helpful as a factor in the determination of market value, reasons for this being not far to seek.

¶451

¶452

(d) There is force in the contention of learned

¶453

AGA & the Sr. Panel Counsel that the Reference Court

¶454

ought to have been impressed by the registered Sale Deed dated 13.10.2010 at Ex.D31/D32 which comprised of 35 guntas of land and the price therefor was Rs.10 lakh; this sale transaction has the advantage of proximity of time & place; the learned Judge of the Reference Court gravely erred in excluding the said Sale Deed from the zone of consideration only because the July 2013 Sale Deed had mentioned a higher price; in fact as already mentioned above, the 2013 Sale Deed not being a comparable transaction ought to have been excluded from such consideration.

¶455

(e) The Sr. Panel Counsel for the Railways is

¶456

immensely justified in pressing into service the Division Bench Judgment of this Court made on 25.01.2017 in

¶457

MFA No.32806/2013 (LAC) & connected matters

¶458

between State of Karnataka vs. Mohammed Tajoddin

¶459

¶460

which related to 2005 acquisition of the lands inter alia in the very same village namely, Taj Sultanpur; we are told at the Bar that the SLP filed challenging the same has been rejected by the Apex Court; the Bench having considered all aspects of the matter, at paragraph-20 has fixed Rs.65/- per Sft. for the lands in this very village; to this value 10% needs to be added per year of the period gone by till 2010 which is the year of Preliminary Notification in the cases at hands, as rightly contended by all the learned counsel appearing for the land-losers; in fact this exercise ought to have been done by the Reference Court itself and to that extent there is yet another lacuna in the impugned judgments;

¶461

(f) Keeping Rs.65/- per Sft. as the base value

¶462

and adverting to the approximate distance between the lands, the compensation needs to be redetermined in all these cases; regard being had to all aspects of the matter, for the lands which are nearby, the

¶463

¶464

compensation is redetermined at Rs.110/- and for the lands which are comparatively little far, the same is determined at Rs.105/- per Sft.; in doing this exercise, we have also kept in view the pain which the Indian peasants have at heart when parting with their lands.

¶465

(g) The learned Sr. Panel Counsel for the Railways vehemently argues and we agree with it that the learned Judge of the Reference Court has fallen into an error in fixing the reckoning point for the accrual of interest payable on the compensation amount and therefore, we make it clear that the reckoning point for the accrual of interest shall be the date of Award or the date of taking possession, whichever is earlier; the other contentions of both the sides structured on the basis of Development Plan of December 2010 do not merit deeper examination, the same having been formulated subsequent to the initiation of acquisition process; however, we have noted the contention as to Reference

¶466

¶467

Court adopting the uniform rates of compensation regardless of comparative distances between the lands in question of the same village or the adjoining village.

¶468

In the above circumstances, the challenge laid by the Railways and the SLAO partly succeeds and the challenge laid by the land-losers is negatived; the impugned Judgments & Awards entered by the Reference Court having been modified, the rate of compensation is directed to be redetermined as under:

¶469

A) Rs.110/- (rupees one hundred & ten) only per Sq.ft. for the lands comprised in the cases enlisted below:

¶470

i) MFA No.201190/2017 between Union of India vs. Sri Nazeer Ahmed & Ors., MFA No.201132/2019 between The Deputy Commissioner & Anr. Vs. Sri Nazeer Ahmed & Ors. corresponding MFA Crob.No.200005/2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.

¶471

¶472

ii) MFA No.201187/2017 between Union of India vs. Sri Mahmed Shafi Pasha & Ors. corresponding MFA Crob.No. 200003/2018 between Sri Mahmed Shafi Pasha & Anr. vs. The Deputy Chief Engineer & Ors.

¶473

iii) MFA No.201421/2018 between Union of India vs. Sri Yellappa S/o Gurappa & Ors. corresponding MFA Crob.No. 200006/2020 between Yellappa vs. Union of India & Ors.

¶474

iv) MFA No.201771/2018 between Union of India vs. Gundappa & Ors. corresponding MFA Crob.No.200007/ 2020 between Gundappa vs. Union of India & Ors.

¶475

v) MFA No.201494/2017 between Union of India vs. Sri Nazeer Ahmed & Ors., MFA No.201130/2019 between The Deputy Commissioner & Anr. Vs. Sri Nazeer Ahmed & Ors. corresponding MFA Crob.No.200004/2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.

¶476

¶477

vi) MFA No.201192/2017 between Union of India vs. Nazeer Ahmed & Ors., MFA No.201133/2019 between The Deputy Commissioner & Anr. Vs. Sri Nazeer Ahmed & Ors. corresponding MFA Crob.No.200001/ 2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.

¶478

vii) MFA No.201189/2017 between Union of India vs. Sri Peerappa & Ors. corresponding MFA Crob.No.200002/ 2018 between Sri Peerappa vs. The Deputy Chief Engineer & Ors.

¶479

viii) MFA No.201191/2017 between Union of India vs. Sri Nazeer Ahmed & Ors. corresponding MFA Crob.No.200008/ 2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.

¶480

ix) MFA No.201495/2017 between Union of India vs. Sri Nazeer Ahmed & Ors., MFA No.201131/2019 between The Deputy Commissioner & Anr. Vs. Sri

¶481

¶482

Nazeer Ahmed & Ors. corresponding MFA Crob.No.200007/2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.

¶483

x) MFA No.201769/2018 between Union of India vs. Smt. Shakuntalabai & Ors.

¶484

B) Rs.105/- (rupees one hundred & five) only per Sq.ft. for the lands comprised in the cases enlisted below:

¶485

i) MFA No.201188/2017 between Union of India vs. Sri Gurunath & Ors. corresponding MFA Crob.No.200006/ 2018 between Gurunath vs. The Deputy Chief Engineer & Ors.

¶486

ii) MFA No.201422/2018 between Union of India vs. Smt. Bhimbai, since deceased, by LRs & Ors. corresponding MFA Crob.No.200008/ 2020 between Gundappa & Anr. Vs. Union of India & Ors.

¶487

iii) MFA No.201770/2018 between Union of India vs. Smt. Nagamma & Ors.

¶488

¶489

iv) MFA No.201508/2018 between Union of India vs. Sri Mallikarjun & Ors.

¶490

The Registry is directed to transmit the amount in

¶491

deposit to the concerned Reference Court for being disbursed to the land-losers which is due, in accordance with law and forthwith.

¶492

Note: All pending applications filed by either parties pale into insignificance since main matters themselves are heard & disposed off on merits, after overruling the Office Objections.

Costs made easy.

Sd/JUDGE

Sd/JUDGE

LG/swk

Sri. Mahmed Shafi Pasha and Anr. v. the Deputy Chief Engineer and Ors.

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Sri. Mahmed Shafi Pasha and Anr. v. the Deputy Chief Engineer and Ors.

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