Disposed

The Executive Engineer, v. the Assistant Commissioner and

Karnataka HC12 Sept 2024MFA/101275/2023

Case brief

AI extract

What is this about?

Appeal under Section 54(1) of the Land Acquisition Act against an enhancement award was found not maintainable in the High Court as the subject matter is below Rs. 10 lakhs under Section 19(1) of the Karnataka Civil Courts Act. The Court directed return of appeal papers with six weeks to re-present before the District Court.

What did the court decide?

Appeal papers ordered returned with court fee refund; six weeks granted to re-present before District Court.

The Executive Engineer, Vs the Assistant Commissioner and — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13085 MFA No. 101275 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12^TH DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 101275 OF 2023

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BETWEEN:

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THE EXECUTIVE ENGINEER, NO.1, T.B. DAM, MUNIRABAD, TQ & DIST: KOPPAL, PIN CODE 583211.

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THE EXECUTIVE ENGINEER, NO.1, SINGATALUR LIFT IRRIGATION SCHEME DIVISION, KARNATAKA NEERAVARI NIGAM LIMITED, MUNDARAGI, TQ.MUNDARAGI, DIST: GADAG, PIN CODE: 582 118.

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…APPELLANTS

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(BY SRI. S. M. KALWAD, ADVOCATE)

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AND:

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THE ASSISTANT COMMISSIONER & LAND ACQUISITION OFFICER, KOPPAL – 583231.

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BHARATHI H M

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MALLAPPA DEAD BY LR MALLAWWA W/O. MALLAPPA, MYAGALAMANI @ METI, AGE MAJOR, OCC: NIL, R/O: CHIKKASINDOGI, TQ & DIST: KOPPAL - 591304.

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…RESPONDENTS

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Location: HIGH COURT OF KARNATAKA

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THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION ACT, AGAINST TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.05.2022 MADE IN LAC.NO.143/2016 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, KOPPAL, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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2 - NC: 2024:KHC-D:13085 MFA No. 101275 of 2023

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ORAL JUDGMENT

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It is submitted that the subject matter of the appeal

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is less than Rs.10,00,000/- (Rupees ten lakhs only) and the appeal before this Court is not maintainable in view of the provisions of Section 19(1) of the Karnataka Civil Courts Act, 1964.

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The Registry is directed to return the original appeal papers to the learned counsel for the appellant after taking photocopies of the same along with the quantum of Court fee permitted to be refunded. Six weeks time is granted to the appellant to re-present the same before the jurisdictional District Court.

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Appeal is disposed of accordingly.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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PJ CT:ANB List No.: 1 Sl No.: 6

The Executive Engineer, v. the Assistant Commissioner and

Case brief

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The Executive Engineer, v. the Assistant Commissioner and

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