Dismissed

The Chief Secretary v. Sri a Sreenivas

Karnataka HC28 Nov 2022MFA/7634/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed appeals and cross-objections filed by the State and land claimants challenging the market value fixed by courts in land acquisition proceedings. The court confirmed the lower court's valuation of Rs. 30,49,200/- per acre for lands acquired for the Ranganathittu Birds Sanctuary expansion, relying on a recent co-ordinate bench judgment.

What did the court decide?

Reference Court orders in LAC No. 1/2012, 31/2014, and 32/2014 are confirmed and market value of Rs. 30,49,200/- per acre is upheld.

The Chief Secretary Vs Sri a Sreenivas — Land Acquisition | Karnataka HC (2022)

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF NOVEMBER, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR. JUSTICE C.M. JOSHI MISCELLANEOUS FIRST APPEAL NO. 7634 OF 2016 (LAC)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 8727 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 8728 OF 2017

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MFA CROSS OBJECTION NO. 61 OF 2021 MFA CROSS OBJECTION NO. 62 OF 2021 MFA CROSS OBJECTION NO. 140 OF 2021

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IN M.F.A.No. 7634 OF 2016

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Digitally signed by T S NAGARATHNA Location: High Court of Karnataka

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BETWEEN:

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU -560 001.

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THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M S BUILDING

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BENGALURU - 560 001.

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2 - MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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THE DEPUTY CONSERVATOR OF FORESTS WILDLIFE DIVISION MYSURU - 570 008

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THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA -571 401.

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THE SPECIAL LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER PANDAVAPURA MANDYA DISTRICT - 571 401

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…APPELLANTS

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(BY SRI. K.DILIP KUMAR, HCGP, ADVOCATE)

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AND:

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SRI. A SREENIVAS S/O APPUGOWDA AGED ABOUT 71 YEARS, RESIDENT OF PALAHALLI VILLAGE BELAGOLA HOBLI, SRIRANGAPATNA TALUK -571 425

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…RESPONDENT

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(BY SRI. P MAHESHA, ADVOCATE)

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THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DTD:6.8.2016 PASSED IN LAC NO.1/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATANA, PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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IN M.F.A.No. 8727/ 2017

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BETWEEN:

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001.

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THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M S BUILDING BENGALURU - 560 001.

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THE DEPUTY CONSERVATOR OF FORESTS WILDLIFE DIVISION MYSURU -570 008.

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THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401.

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THE SPECIAL LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER , PANDAVAPURA MANDYA DISTRICT - 571 434.

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…APPELLANTS

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(BY SRI. K.DILIP KUMAR, HCGP., ADVOCATE)

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AND:

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P M SRIDHARA S/O P D MARIYAPPA RESIDENT OF PALAHALLI VILLAGE,

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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BELAGOLA HOBLI SRIRANGAPATNA TALUK - 571 438.

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…RESPONDENT

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(BY SRI. P MAHESHA., ADVOCATE)

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THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, READ WITH ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND AWARD DATED:10.03.2017 PASSED IN LAC.NO.31/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATANA, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN M.F.A.No. 8728/ 2017

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BETWEEN:

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001.

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THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M S BUILDING BENGALURU - 560 001.

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THE DEPUTY CONSERVATOR OF FORESTS WILDLIFE DIVISION MYSURU - 570 008.

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THE DEPUTY COMMISSIONER MANDYA DISTRICT

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5 - MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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MANDYA - 571 401.

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THE SPECIAL LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER , PANDAVAPURA MANDYA DISTRICT - 571 434.

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…APPELLANTS

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(BY SRI. K. DILIP KUMAR, ADVOCATE)

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AND:

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SMT.S.GIRIJA W/O P.M.MUKUNDA AGED ABOUT 53 YEARS RESIDENT OF PALAHALLI VILLAGE, BELAGOLA HOBLI SRIRANGAPATNA TALUK - 571 438.

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…RESPONDENT

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(BY SRI. P MAHESHA., ADVOCATE)

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THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, READ WITH ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND AWARD DATED:10.03.2017 PASSED IN LAC.NO.32/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATANA, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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IN M.F.A.CROB No. 61/2021

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BETWEEN:

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S.GIRIJA W/O P.M.MUKUNDA AGED ABOUT 55 YEARS RESIDENT OF PALAHALLI VILLAGE, BELAGOLA HOBLI SRIRANGAPATTANA TALUK MANDYA DISTRICT.

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…CROSS OBJECTOR

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(BY SRI.P.MAHESHA, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, PANDAVAPURA SUB DIVISION PANDAVAPURA MANDYA DISTRICT - 571 401.

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SUB DIVISION FOREST OFFICER, WILD LIFE ANIMAL DEPARTMENT MYSURU DISTRICT - 560 001.

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BENGALURU - 570 001.

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THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M S BUILDING

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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BENGALURU - 570 001.

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THE DEPUTY COMMISSIONER, MANDYA DISTRICT MANDYA - 571 401.

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…RESPONDENTS

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(BY SRI.K.DILIP KUMAR, HCGP., ADVOCATE)

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THIS MFA.CROB IS FILED U/S 41 RULE 22 R/W SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED:10.03.2017 PASSED IN LAC.NO.32/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATANA, PARTLY ALLOWING THE CLIAM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN M.F.A.CROB No. 62/2021

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BETWEEN:

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P.M. SRIDHARA S/O P.D.MARIYAPPA, AGED ABOUT 62 YEARS R/O. PALAHALLI VILLAGE, BELAGOLA HOBLI SRIRANGAPATTANA TALUK MANDYA DISTRICT.

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… CROSS OBJECTOR

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(BY SRI.P.MAHESHA, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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OFFICER, PANDAVAPURA SUB DIVISION PANDAVAPURA

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MANDYA DISTRICT - 571 401.

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SUB DIVISION FORESTS OFFICER, WILD LIFE ANIMALS DEPARTMENT MYSURU DISTRICT - 560 001.

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BENGALURU - 570 001.

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THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M S BUILDING BENGALURU - 570 001.

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THE DEPUTY COMMISSIONER, MANDYA DISTRICT MANDYA - 571 401.

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…RESPONDENTS

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(BY SRI.K.DILIP KUMAR, HCGP., ADVOCATE)

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THIS MFA.CROB IS FILED U/S 41 RULE 22 R/W SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED:10.03.2017 PASSED IN LAC.NO.31/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATANA, PARTLY ALLOWING THE REFERENCE MADE BY 1ST RESPONDENT LAO U/S.18 OF THE LAND ACQUISITION ACT, (1894).

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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IN M.F.A.CROB No. 140/2021

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BETWEEN:

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A. SRINIVAS S/O APPUGOWDA, AGED ABOUT 77 YEARS R/o. PALAHALLI VILLAGE, BELAGOLA HOBLI SRIRANGAPATTAN TALUK MANDYA DISTRICT.

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… CROSS OBJECTOR

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(BY SRI.P.MAHESHA, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, ASSISTANT COMMISSIONER OFFICE PANDAVAPURA MANDYA DISTRICT - 571 401.

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DEPUTY CONSERVATOR OF FORESTS WILD LIFE DIVISION MYSURU DISTRICT - 560 001.

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BENGALURU - 570 001.

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THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M S BUILDING

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10 - MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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BENGALURU - 570 001.

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THE DEPUTY COMMISSIONER, MANDYA DISTRICT MANDYA - 571 401.

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…RESPONDENTS

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(BY SRI.K.DILIP KUMAR, HCGP., ADVOCATE)

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THIS MFA.CROB IS FILED U/S 41 RULE 22 R/W SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED:06.08.2016 PASSED IN LAC.NO.1/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATANA, PARTLY ALLOWING THE REFERENCE PETITION U/S.18 OF THE LAND ACQUISITION ACT.

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THESE APPEALS AND CROSS OBJECTIONS, COMING ON FOR FINAL HEARING, THIS DAY, C.M.JOSHI J ., DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned HCGP for appellant/State in MFA No.7634/2016, MFA No.8727/2017 and MFA No.8728/2017 and counsel for respondent in these appeals, namely, Sri P. Mahesha are present before the court physically. Whereas, learned counsel Sri P. Mahesha is the counsel for cross objectors in MFA Crob Nos.61/2021 in MFA 8728/2017, 62/2021 in MFA No.8727/2017and 140/2021 in MFA No.7634/2016.

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11 - MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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Learned HCGP for State undertakes to file memo of appearance in all MFA Crob. Such prayer is allowed and he shall file memo of appearance within four weeks.

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These appeals and cross objections are filed by the

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State and by the claimants, being aggrieved by the judgment and decree passed by the Principal Senior Civil Judge and JMFC, Srirangapatna in LAC matters filed in respect of the lands situated at Palahalli village, Belagola Hobli, Srirangapatna and the details are as below:

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SL. NO.	MFA & CONNECTED MFA CROB NO.	LAC NO. Date of disposal SY NO. EXTENT	NAME OF THE CLAIMANT
1	MFA NO.7634/2016 and CROB NO.140/2021	LAC NO.1/2012 Dated: 6-8-2016 SY NO.118/B EXTENT 1A11G	A.SRINIVAS
2	MFA NO.8727/2017 and CROB NO.62/2021	LAC NO.31/2014 Dated: 10-3-2017 SY NO.117/P2 EXTENT 18G	P.H.SRIDHARA
3	MFA NO.8728/2017 and CROB NO.61/2021	LAC NO.32/2014 Dated: 10-3-2017 SY NO.117/P1 EXTENT30G	S.GIRIJA

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Learned counsel Sri P. Mahesha for respondents in the appeals and for cross objectors in the cross objections respectively, relied on the judgment rendered by the Division

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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Bench of this Court in MFA No.7954/2014 C.W. MFA

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No.6429/2015 dated 02-08-2022.

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In the present appeals and cross objections, the rival parties before the reference court in LAC matters mentioned supra have approached this court, assailing the determination of the market value of the lands acquired.

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The factual matrix for the purpose of adjudication in these matters is as below:

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It is the case of the appellants that the State Government issued preliminary notification for acquisition of the portions of the lands described supra on 24-11-2008 and subsequently, the 6(1) Notification was issued in the year 2009. The purpose of acquisition was for expansion of 'Ranganathittu Birds Sanctuary' at Srirangapatna Taluk. As per the final notification, the Land Acquisition Officer passed the award on 10-7-2010, whereby he awarded a sum of Rs.21,844/- per gunta (21,844 x 40 = 8,73,760/- per acre). The Possession of the lands were taken on 8-10-2010. Aggrieved by the award passed by the

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13 - MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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Land Acquisition Officer, the cross objectors herein and the respondents in the appeals filed their protest petitions under Section 18 of the Land Acquisition Act, which were referred to the learned Senior Civil Judge, and ultimately, culminated in LAC Nos. 1/2012, 31/2014 and 32/2014. By order dated 6-8-2016, 10-03-2017 and 10-03-2017 respectively the Reference Court arrived at the market value of the acquired lands to be at Rs.30,49,200/- per acre. Aggrieved by the said order of the Reference Court, the parties are before this Court.

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The learned counsel for the Cross objectors/ respondents in appeals submitted that the purpose for which the lands were acquired in all these matters is for the expansion of 'Ranganathittu Birds Sanctuary' at Srirangapatna and the lands are on the banks of River Kaveri. He submits that, in an identical matter, a co-ordinate Division Bench of this Court in MFA No.7954/2014 C.W. MFA No.6429/2015 dated 167-2021 concerning LAC No. 35/2011 passed by the Reference court regarding the acquisition of 20 guntas of land for the

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14 - MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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purpose of expansion of Ranganathittu Birds Sanctuary, and

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also pertaining to the final notification under Section 6(1) of the L.A. Act during the year 2009, had fixed the market value of the lands at Rs.40,00,000/- per acre by modifying the market value determined by the Reference court at Rs.30,49,200/- per acre.

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The said determination by the Coordinate Bench in MFA No.7954/2014 C.W. MFA No.6429/2015 dated 16-07-2021 was questioned by the Government in Civil Appeal No.2052 and 2053/2022 before the Hon'ble Supreme Court of India, and it came to be allowed and the matters were remanded to redetermine the market value by holding that Ex.P17 in the said proceedings could not have been relied. Accordingly, the MFA No.7954/2014 and MFA No.6429/2015 was considered and the

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Division Bench of this Court by judgment dated 02-08-2022 fixed the market value at Rs.30,49,200/- per acre and thereby dismissed both the appeals filed by the claimants as well as the

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15 - MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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government. In other words, it confirmed the market value fixed by the Reference Court.

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The learned counsel for the cross objectors and the learned HCGP for State submit that the lands involved in the present appeals as well as Cross objections were also acquired for the purpose of expansion of Ranganathittu Birds Sanctuary and that they are situated in the vicinity and adjoining the lands acquired in MFA No. 7954/2014 C.W. MFA No.6429/2015 and therefore, the present appeals and cross objections may also be disposed of by confirming the market value fixed by the Reference Court i.e. Rs.30,49,200/- per acre.

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On a careful perusal of the order passed by the Reference Court in LAC Nos. 1/2012, 31/2014 and 32/2014, it is evident that the lands acquired are for the purpose of expansion of Ranganathittu Birds Sanctuary. The notifications under Section 4(1) and Section 6(1) of LA Act, are also same as that of LAC No.35/2011. The extent of the lands are also smaller and therefore, we do not find any reasons to differ

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16 - MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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with the views made in the judgment passed in MFA No.7954/2014 c.w. 6429/2015.

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It is pertinent to note that the coordinate Bench of this Court has considered the market value by excluding the Ex.P17 which was a consent award in respect of the lands acquired in the year 2011. The Apex Court had observed in para 4 that the consent award cannot be relied for the purpose of determining the market value. After such exclusion of Ex.P17, the Division Bench of this Court had re-appreciated the evidence in detail and therefore, we are of the view that the order dated 2-08-2022 covers the acquisition made by the appellants for the purpose of expansion of Ranganathittu Birds Sanctuary. Therefore, we are satisfied that the submissions made by the learned HCGP for the appellants and the learned counsel for the cross objectors are fair and to be accepted. Hence, the present appeals and the cross objections are to be held bereft of any merits and the determination of the market value by the Reference Court is to be confirmed.

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MFA No. 7634 of 2016 C/W MFA No. 8727 of 2017 MFA No. 8728 of 2017 MFA.CROB No. 61 of 2021 MFA.CROB No. 62 of 2021 MFA.CROB No. 140 of 2021

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In the result, the appeals preferred by the State and the cross objections preferred by the respective claimants are herby dismissed.

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The judgment and order passed in LAC No.1/2012, LAC No.31/2014 and LAC No.32/2014 dated 6-8-2016, 10-3-2017 and 10-3-2017 respectively by the Reference Court are hereby confirmed.

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Sd/JUDGE

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Sd/JUDGE

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tsn* List No.: 2 Sl No.: 18

The Chief Secretary v. Sri a Sreenivas

Case brief

What is this about?

What did the court decide?

The Chief Secretary v. Sri a Sreenivas

Case brief

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