Allowed

Sri Irappa S/O Basappa Garagad v. the Spl. Land Acquisition Officer

Karnataka HC27 Nov 2023MFA/102658/2020

Case brief

AI extract

What is this about?

A Single Judge of the Karnataka High Court, Dharwad Bench, allowed a Miscellaneous First Appeal filed by a land loser in land acquisition proceedings. Relying on a precedential Division Bench judgment in a similar batch of reference petitions involving the same project and preliminary notification, the court set aside the impugned award and remanded the matter for fresh consideration, ordering a r

What did the court decide?

The appeal allowed; impugned judgment set aside; matter remanded to Reference Court for fresh orders within three months; court fee refunded.

Sri Irappa S/O Basappa Garagad Vs the Spl. Land… — Land Acquisition | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:13804 MFA No. 102658 of 2020

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 27^TH DAY OF NOVEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

¶7

MISCELLANEOUS FIRST APPEAL NO.102658/2020(LAC)

¶8

BETWEEN:

¶9

SRI IRAPPA S/O. BASAPPA GARAGAD, AGE:48 YEARS, OCC: AGRI., R/O: BUDIHAL, TQ: BAILHONGAL, DIST: BELAGAVI-591102.

¶10

…APPELLANT

¶11

(BY SRI K. H. BAGI, ADVOCATE)

¶12

AND:

¶13

THE SPL. LAND ACQUSITION OFFICER MALAPRABHA PROJECT NO.3, SECTOR NO.60, NAVANAGAR, BAGALKOT, DIST: BAGALKOT- 587 102.

¶14

Digitally signed by SUJATA SUBHASH PAMMAR

¶15

THE EXECUTIVE ENGINEER, MLBC, NAVILUTEERTA, DIV NO.2 SAVADATTI, TQ: SAVADATTI, DIST: BELAGAVI- 591 126.

¶16

…RESPONDENTS

¶17

(BY SRI V.S.KALASURMATH, HCGP FOR ADVOCATE FOR R1; SRI UMESH C. AINAPUR, ADVOCATE FOR R2)

¶18

THIS MFA IS FILED UNDER SECTION 74 (1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 17.07.2020 IN LAC NO.1111/2018 ON THE FILE OF 1^ST ADDITIONAL DISTRICT JUDGE BELAGAVI AND ETC.,

¶19

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶20

¶21

NC: 2023:KHC-D:13804 MFA No. 102658 of 2020

¶22

JUDGMENT

¶23

This appeal is filed by the claimant who is stated to be land loser pursuance to acquisition proceedings by way of preliminary notification dated 23.12.2015. The claimant has approached this Court in this appeal being aggrieved by rejecting reference petition by Reference Court.

¶24

Learned counsel for the appellant submitted that the matter be remanded to the Reference Court for fresh adjudication.

¶25

On the other hand, learned counsel for respondent No.2 vehemently opposed remanding the matter to the Reference Court.

¶26

Even though the appeal is at the stage of compliance of office objections, since deficit Court fee is not paid, but for same acquisition proceedings by the same preliminary notification for the same project where the other land owners have preferred appeal before this Court in MFA No.102599/2020 and by judgment dated 12.10.2023, the Division Bench of this Court has set aside the judgment and award passed in LAC No.1118/2018 dated 17.07.2020 by the Reference Court; therefore this appeal is also arising out of

¶27

NC: 2023:KHC-D:13804 MFA No. 102658 of 2020

¶28

¶29

similar batch of reference petition in pursuance to the same proposal of project and the same preliminary notification being aggrieved by the order passed by the same Reference Court and thereby the case is to be remanded to the Reference Court for fresh consideration. Therefore, this appeal is also pertaining

¶30

to the same preliminary notification dated 23.12.2015 and the same award in respect of submerge of same village under the Malaprabha Dam Back Water project. Therefore, the appeal is required to be remanded to the Reference Court for fresh orders.

¶31

The Division Bench of this Court while remanding the appeal has ordered Registry to refund the entire Court fee paid by the claimant in the appeal. Therefore, in this case also entire Court fee paid by the claimant is required to be refunded.

¶32

6. Accordingly, I proceed to pass the following:

¶33

ORDER

¶34

i) The appeal is allowed .

¶35

ii) The impugned judgment passed in LAC No.1118/2018, dated 17.07.2020, by the

¶36

¶37

NC: 2023:KHC-D:13804 MFA No. 102658 of 2020

¶38

learned I Additional District Judge, Belagavi, is hereby set aside .

¶39

iii) The matter is remanded to the concerned Reference Court for fresh consideration.

¶40

iv) The parties shall appear before the Reference Court on 03.01.2024 and the Reference Court shall dispose off the matter within a period of three months from 03.01.2024.

¶41

v) The registry is directed to refund the entire Court fee to the claimant which is paid in this appeal.

¶42

vi) No order as to costs.

¶43

SD/JUDGE

¶44

SSP List No.: 1 Sl No.: 28 CT-ASC

Sri Irappa S/O Basappa Garagad v. the Spl. Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Sri Irappa S/O Basappa Garagad v. the Spl. Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sri S Murthy Vs Smt Arogya Mary

Oriental Insurance Company Limited Vs Sri Mallikarjunappa

Smt Pungudi Vs Mr Karthik K a

Dasharat S/O Tukaram Bamane Vs Sri. Rahul S/O Laxman Patil

tippanna s/o fakirappa dalawai Vs the Spl. Land Acquistiion Officer

Sri Maruti S/O Hanamanth Suryavanshi Vs the Special Land Acquisition Officer