The High Court of Karnataka dismissed a Miscellaneous Second Appeal filed under Section 54(2) of the Land Acquisition Act for non-compliance with office objections after a peremptory order.
The Miscellaneous Second Appeal was dismissed for non-compliance of office objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
M.S.A. NO.100078 OF 2022
BETWEEN:
SHRI NINGAPPA S/O MAHADEVAPPA NEELAGAR AGE: 70 YEARS, OCC: AGRICULTURE, R/O: BADALI, TQ: SAUNDATTI, DIST: BELAGAVI.
...APPELLANT
(BY SRI P.V.SAMBARGI AND BASAVARAJ S. BYAKOD, ADVOCATES)
AND:
… RESPONDENTS
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO ENHANCE THE MARKET VALUE AT THE RATE OF RS.5,08,000/PER ACRE WITH ALL STATUTORY BENEFITS BY MODIFYING THE JUDGMENT AND AWARD DATED 05.10.2012, IN LAC NO.62/2012 PASSED BY THE SENIOR CIVIL JUDGE, SAUNDATTI AND JUDGMENT AND AWARD DATED 12.11.2014, IN LAC APPEAL
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NO.245/2013, PASSED BY THE II ADDITIONAL DISTRICT AND SESSION JUDGE, BELAGAVI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
As could be seen from the daily order sheet, the matter was listed on 07.11.2022. On that day, finally two weeks time was granted to comply office objections, failing which, the appeal was ordered to be listed for dismissal on 29.11.2022.
The appeal is listed today. So far office objections are not complied with.
In view of earlier peremptory order dated 07.11.2022, the Miscellaneous Second Appeal is
dismissed for non-compliance of office objections .
Sd/JUDGE
MRK
1 issue framed by the court
Whether to allow the Miscellaneous Second Appeal filed under Section 54(2) of the Land Acquisition Act for enhancing market value.
1 provisions across 1 enactments
Ningappa S/o Mahadevappa Neelagar
The Special Land Acquisition Officer Malaprabha Project-III
Karnataka Neeravari Nigam Ltd. through its Executive Engineer
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
