Dismissed

Sri B R Somashekarappa v. the Special Land Acquisition Officer

Karnataka HC1 Oct 2024MSA/51/2020

Case brief

AI extract

What is this about?

Nine miscellaneous second appeals filed under Section 54(2) of the Land Acquisition Act, 1894 seeking enhanced compensation were heard. The Court noted that the office objections in these appeals were not complied with despite the appeals being filed in 2020. Consequently, the appeals were dismissed for non-prosecution.

What did the court decide?

The appeals were dismissed for non-prosecution for failure to comply with office objections.

Sri B R Somashekarappa Vs the Special Land Acquisition… — Land Acquisition | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 1^ST DAY OF OCTOBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 51 OF 2020 (LA) C/W

¶6

MISCELLANEOUS SECOND APPEAL NO. 57 OF 2020 (LA) MISCELLANEOUS SECOND APPEAL NO. 59 OF 2020 (LA) MISCELLANEOUS SECOND APPEAL NO. 60 OF 2020 (LA) MISCELLANEOUS SECOND APPEAL NO. 62 OF 2020 (LA) MISCELLANEOUS SECOND APPEAL NO. 73 OF 2020 (LA) MISCELLANEOUS SECOND APPEAL NO. 74 OF 2020 (LA) MISCELLANEOUS SECOND APPEAL NO. 81 OF 2020 (LA) MISCELLANEOUS SECOND APPEAL NO. 82 OF 2020 (LA) MISCELLANEOUS SECOND APPEAL NO. 91 OF 2020 (LA) IN MSA No. 51/2020

¶7

BETWEEN:

¶8

Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

¶9

SRI. B.R. SOMASHEKARAPPA, S/O RUDREGOWDA, AGED 68 YEARS, AGRICULTURIST, BANADAHALLI VILLAGE, BELURU TALUK, HASSAN DISTRICT - 513 215. …APPELLANT

¶10

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶11

AND:

¶12

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶13

¶14

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶15

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶16

…RESPONDENTS

¶17

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN L.A.C, APPEAL NO. 391/2016 DATED 30.10.2019 BY CONFIRMING THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION IN L.A.C.NO.526/2022 DATED 25.08.2005 AND CONSEQUENTLY AWARD THE COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶18

IN MSA NO. 57/2020

¶19

BETWEEN:

¶20

SRI. RAJEGOWDA, S/O CHANNEGOWDA, AGED 59 YEARS, AGRICULTURIST, BENNURU VILLAGE, BELURU TALUK, HASSAN DISTRICT - 573 115.

¶21

...APPELLANT

¶22

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶23

AND:

¶24

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶25

¶26

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶27

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶28

...RESPONDENTS

¶29

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894 AGAINST THE JUDGMENT AND AWARD DATED 07.11.2019 PASSED IN LAC.APPEAL NO.404/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 08.07.2005 PASSED IN LAC NO. 133/2001 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) HASSAN, PARTLY ALLOWING THE CLAIM PETITIONS.

¶30

IN MSA NO. 59/2020

¶31

BETWEEN:

¶32

SRI B.B. MALLEGOWDA, S/O LATE BASAVEGOWDA, AGED 76 YEARS, AGRICULTURIST, BENNURU VILLAGE, BELURU TALUK, HASSAN DISTRICT - 573 115.

¶33

...APPELLANT

¶34

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶35

AND:

¶36

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶37

THE DEPUTY COMMISSIONER, HASSAN DISTRICT HASSAN - 573 201.

¶38

¶39

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶40

...RESPONDENTS

¶41

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN L.A.C, APPEAL NO. 320/2016 DATED 07.11.2019 BY CONFIRMING THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION IN L.A.C.NO.89/2001 DATED 08.07.2005 AND CONSEQUENTLY AWARD THE COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶42

IN MSA NO. 60/2020

¶43

BETWEEN:

¶44

SRI. VENKATESH, S/O GANGEGOWDA, AGED 48 YEARS, AGRICULTURIST, YAREHALLI VILLAGE, KARADAGA POST, BELURU TLAUK, HASSAN DISTRICT - 573 115.

¶45

...APPELLANT

¶46

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶47

AND:

¶48

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶49

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶50

¶51

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶52

...RESPONDENTS

¶53

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN L.A.C, APPEAL NO. 377/2016 DATED 30.10.2019 BY CONFIRMING THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION IN L.A.C.NO.158/2001 DATED 11.08.2005 AND CONSEQUENTLY AWARD THE COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶54

IN MSA NO. 62/2020

¶55

BETWEEN:

¶56

SRI. RUDRESHA

¶57

S/O GANGEGOWDA, AGED 47 YEARS, AGRICULTURIST, YAREHALLI VILLAGE, KARADAGA POST, BELURU TALUK, HASSAN DISTRICT - 573 115.

¶58

...APPELLANT

¶59

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶60

AND:

¶61

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶62

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶63

¶64

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶65

...RESPONDENTS

¶66

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN L.A.C, APPEAL NO. 380/2016 DATED 30.10.2019 BY CONFIRMING THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION IN L.A.C.NO.166/2001 DATED 25.08.2005 AND CONSEQUENTLY AWARD THE COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶67

IN MSA NO. 73/2020

¶68

BETWEEN:

¶69

SRI. B.S. PRASANNA, S/O SIDDEGOWDA, AGED 56 YEARS, AGRICULTURIST, BENNURU VILLAGE, BELURU TALUK, HASSAN DISTRICT.

¶70

...APPELLANT

¶71

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶72

AND:

¶73

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶74

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶75

¶76

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶77

...RESPONDENTS

¶78

THIS MSA IS FILED U/SEC. 54(2) OF THE LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED 07.11.2019 PASSED IN LACA (APPEAL) NO.319/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND AWARD DATED 08.07.2005 PASSED IN LAC 185/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, (SR.DN.) HASSAN, DISMISSING THE REFERENCE PETITION FILED U/SEC.18 OF LAND ACQUISITION ACT FOR ENHANCED COMPENSATION.

¶79

IN MSA NO. 74/2020

¶80

BETWEEN:

¶81

SRI. B.R. CHANDREGOWDA, S/O RUDREGOWDA, AGED 74 YEARS, AGRICULTURIST, BANADAHALLI VILLAGE, BELURU TALUK, HASSAN DISTRICT - 573 215.

¶82

...APPELLANT

¶83

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶84

AND:

¶85

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶86

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶87

...RESPONDENTS

¶88

¶89

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶90

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN L.A.C, APPEAL NO. 334/2016 DATED 30.10.2019 BY CONFIRMING THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION IN L.A.C.NO.528/2005 DATED 25.08.2005 AND CONSEQUENTLY AWARD THE COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶91

IN MSA NO. 81/2020

¶92

BETWEEN:

¶93

SMT. CHANDRAMMA W/O NEELAKANTAIAH, AGED 69 YEARS, AGRICULTURIST, BANDANAHALLI VILLAGE, KARADAGA POST, BELURU TALUK, HASSAN DISTRICT - 573 115.

¶94

...APPELLANT

¶95

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶96

AND:

¶97

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶98

¶99

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶100

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶101

...RESPONDENTS

¶102

THIS MSA IS FILED UNDER SEC.54(2) OF THE LAND ACQUISITION ACT., 1894 AGAINST THE JUDGMENT AND AWARD DATED 17.12.2019 PASSED IN LAC APPEAL NO.406/2016 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 01.09.2005 PASSED IN LAC.NO.187/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) HASSAN, PARTLY ALLOWING THE CLAIM PETITIONS.

¶103

IN MSA NO. 82/2020

¶104

BETWEEN:

¶105

SRI. B.N.SOMASHEKARAPPA, S/O NANJEGOWDA, AGED 71 YEARS, AGRICULTURIST, BANADAHALLI VILLAGE, KARADAGA POST, BELURU TALUK, HASSAN DISTRICT - 573 115.

¶106

...APPELLANT

¶107

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶108

AND:

¶109

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶110

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶111

10 -

¶112

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶113

...RESPONDENTS

¶114

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN L.A.C, APPEAL NO. 322/2016 DATED 30.11.2019 BY CONFIRMING THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION IN L.A.C.NO.156/2001 DATED 28.07.2005 AND CONSEQUENTLY AWARD THE COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶115

IN MSA NO. 91/2020

¶116

BETWEEN:

¶117

SRI. MAHESHA GOWDA B.N, SINCE DEAD BY HIS LRS.,

¶118

SMT. PUSHPA, W/O LATE MAHESHA GOWDA B.N, AGED ABOUT 53 YEARS,

¶119

SRI. SUNIL B.M, S/O LATE MAHESHA GOWDA B.N, AGED ABOUT 30 YEARS,

¶120

11 -

¶121

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶122

MISS. SEEMA B.M, D/O LATE MAHESHA GOWDA B.N, AGED ABOUT 28 YEARS,

¶123

ALL ARE RESIDENTS OF BANADAHALLI VILLAGE KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 215.

¶124

...APPELLANTS

¶125

(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))

¶126

AND:

¶127

THE SPECIAL LAND ACQUISITION OFFICER, H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.

¶128

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶129

...RESPONDENTS

¶130

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN L.A.C, APPEAL NO. 328/2016 DATED 30.11.2019 BY CONFIRMING THE JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION IN L.A.C.NO.152/2001 DATED 28.07.2005 AND CONSEQUENTLY AWARD THE COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶131

12 -

¶132

NC: 2024:KHC:41174 MSA No. 51 of 2020 C/W MSA No. 57 of 2020 MSA No. 59 of 2020 AND 7 OTHERS

¶133

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

¶134

CORAM: HON'BLE MR JUSTICE V SRISHANANDA

¶135

ORAL JUDGMENT

¶136

None appears for the appellants.

¶137

Appeals are filed in the year 2020. Till today, the

¶138

office objections are not complied.

¶139

Accordingly, the appeals stand dismissed for non prosecution.

¶140

Sd/(V SRISHANANDA) JUDGE

¶141

SNC List No.: 1 Sl No.: 3 CT: BHK

Sri B R Somashekarappa v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Sri B R Somashekarappa v. the Special Land Acquisition Officer

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

Case details

Similar cases

Smt. Nandini B.V. Vs Gowramma

Smt.Jayamma Vs the Special Land Acquisition Officer

Sri Shivabasappa Vs Smt Neelamma

Sannaiah Deceased Vs Special Land Acquisition Officer

Sri. S. v. Sridhara Vs Sri. S. v. Srinath

Smt Venkatanarasamma Vs Sri Venkateshappa