Dismissed

B. Ramappa v. the Special Land Acquisition Officer Utp

Karnataka HC15 Nov 2024MFA/675/2016

Case brief

AI extract

What is this about?

A single judge allowed a reference petition petition increasing market value of land. A first appellate court dismissed the subsequent appeal. The High Court Bench disposed of the First Appeal No. 675 of 2016 allowing the appellant to get same compensation as earlier decided but explicitly denied interest for the delayed period.

What did the court decide?

Appellant entitled to same compensation with statutory benefits; interest for delay period denied.

B. Ramappa Vs the Special Land Acquisition Officer Utp — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:46462 MFA No. 675 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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MISCELLANEOUS FIRST APPEAL NO. 675 OF 2016 (LAC)

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BETWEEN:

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B. RAMAPPA, S/O VEERABASAPPA, AGED ABOUT 56 YEARS, RESIDENT OF ABBALAGERE VILLAGE, SHIVAMOGGA TALUK AND DISTRICT.

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…APPELLANT

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(BY SRI. SANGAMESH G. PATIL, ADVOCATE)

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AND:

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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THE SPECIAL LAND ACQUISITION OFFICER UTP, SUB-DIVISION, SHIVAMOGGA – 57 7201.

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THE EXECUTIVE ENGINEER, KNNL UTP DIVISION, SHIVAMOGGA – 577 201.

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…RESPONDENTS

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(BY SRI. GOPAL KRISHNA SOODI, AGA FOR R1; SRI. B.R.PRASHANTH, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISTION ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.04.2006 PASSED ON LAC NO.76/2004 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM, SHIVAMOGGA, PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2024:KHC:46462 MFA No. 675 of 2016

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.P.SANDESH

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ORAL JUDGMENT

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Heard the learned counsel for the appellant, the learned Additional Government Advocate for respondent No.1 and the learned counsel for respondent No.2.

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Similar set of appeals are challenged before the Division Bench of this Court in respect of the same notification in M.F.A.No.671/2016 and other connected matters and the same were allowed vide order dated 03.03.2020, wherein the market value of the land was fixed at 10,10,374/- per gunta.

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The learned counsel for respondent No.2 submits that the said order was challenged before the Apex Court and the same was dismissed.

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The learned Additional Government Advocate appearing for respondent No.1 State submits that the award passed by the Trial Court is considering the material on record and hence it does not require any enhancement.

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When the same is covered by the Division Bench

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judgment of this Court, the appellant is also entitled for the

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3 - NC: 2024:KHC:46462 MFA No. 675 of 2016

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same compensation with other statutory benefits. However, the appellant is not entitled for interest for the delayed period of 3472 days in filing the appeal and so also from 19.02.2018 to 10.08.2021 i.e., from the date of dismissal and restoration of the appeal.

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Accordingly, the appeal is disposed of.

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In view of the disposal of appeal, the pending I.As.,

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if any, stands disposed of.

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Sd/(H.P.SANDESH) JUDGE

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MD List No.: 1 Sl No.: 21

B. Ramappa v. the Special Land Acquisition Officer Utp

Case brief

What is this about?

What did the court decide?

B. Ramappa v. the Special Land Acquisition Officer Utp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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