This first appeal against a compensation award in a land acquisition case is dismissed because the Division Bench of this Court had already dismissed identical appeals challenging the same lower court judgment and award.
The present appeal is dismissed and pending applications are disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 9809 OF 2017 (LAC)
BETWEEN:
THE DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTH WESTREN RAILWAY # 18, MILLERS ROAD BENGLAURU-560001.
…APPELLANT
(BY SRI.ABHINAY Y.T., ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
…RESPONDENTS
(BY SRI.G.V.NARASIMHA MURTHY., ADVOCATE FOR R1: SMT. M.V. ADITHI, AGA. FOR R2)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE
DATED:28.11.2014 PASSED ON LAC NO.7/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Bench of this Court by order dated 18.11.2023 has dismissed the said appeals and confirmed the judgment and award dated 28.11.2014 passed by the LAC Court.
NC: 2023:KHC:43613 MFA No. 9809 of 2017
by the Senior Civil Judge and JMFC, Arsikere in LAC No.7/2011.
Bench of this Court on 18.11.2023, the present appeal is dismissed.
All pending applications, if any, shall stand disposed
of.
Sd/JUDGE
List No.: 2 Sl No.: 45
DM
1 issue framed by the court
Whether the present first appeal should be dismissed in light of the Division Bench's earlier order dismissing similar appeals challenging the same judgment and award.
1 provisions across 1 enactments
THE DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTH WESTREN RAILWAY
SRI N P VEERABHADRAPPA
THE SPECIAL LAND ACQUISITION OFFICER HRP-2, HASSAN
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
