Allowed

The Deputy Chief Engineer v. Sri.M.v.Venkatarame Gowda

Karnataka HC3 Dec 2024WP/10104/2016

Case brief

AI extract

What is this about?

This court allowed writ petitions filed by the Deputy Chief Engineer, South Western Railway, to quash orders by the Additional Civil Judge regarding interest liability under the Land Acquisition Act. The court held that claimants are entitled to interest from the date of taking possession of the land.

What did the court decide?

The writ petitions were allowed and the impugned orders dated 25.07.2015, 31.10.2015 and 23.01.2016 in Execution Cases 406/2010 and 407/2010 were quashed.

The Deputy Chief Engineer Vs Sri.M.v.Venkatarame Gowda — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:49909 WP No. 10104 of 2016 C/W WP No. 10106 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.10104 OF 2016 (LA-RES)

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C/W

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WRIT PETITION NO.10106 OF 2016 (LA-RES)

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IN WP No. 10104/2016

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BETWEEN:

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THE DEPUTY CHIEF ENGINEER, SOUTH WESTERN RAILWAY, YADAVAGIRI, MYSURU - 570 140.

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…PETITIONER

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(BY SRI. KUSHAL GOWDA, ADVOCATE FOR SRI. ABHINAY Y.T., ADVOCATE)

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AND:

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Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka

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SRI. M.V. VENKATARAME GOWDA S/O LATE VENKATARAMANE GOWDA, AGED: MAJOR, NO.21, PATEL NIVAS, METAGALLI MYSURU - 570 140.

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THE ASSISTANT COMMISSIONER AND SLAO MYSURU SUB DIVISION, MYSURU - 570 140.

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…RESPONDENTS

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(BY SRI. ABUBACKER SHAFI, ADVOCATE FOR R1; SRI. MANJUNATH K., HCGP FOR R2)

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NC: 2024:KHC:49909 WP No. 10104 of 2016 C/W WP No. 10106 of 2016

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 25.07.2015, 31.10.2015 AND ALSO THE ORDER DATED 23.01.2016 PASSED BY THE 1^ST ADDITIONAL CIVIL JUDGE [SR.DN], MYSURU IN EX.NO.406/2010 VIDE ANNEX-C AND HOLD THAT THE RAILWAYS ARE NOT LIABLE TO PAY INTEREST UNDER SEC.28[1] FROM THE DATE OF THE PRELIMINARY NOTIFICATION.

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IN WP NO. 10106/2016

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BETWEEN:

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THE DEPUTY CHIEF ENGINEER SOUTH WESTERN RAILWAY, YADAVAGIRI, MYSURU - 570 140.

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...PETITIONER

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(BY SRI. KUSHAL GOWDA, ADVOCATE FOR SRI. ABHINAY Y.T., ADVOCATE)

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AND:

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SRI. M.V. RAME GOWDA S/O LATE VENKATARAME GOWDA, AGED:MAJOR, NO.21, PATEL NIVAS, METAGALLI, MYSURU - 570 140.

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THE ASSISTANT COMMISSIONER AND SLAO MYSORE SUB DIVISION, MYSURU - 570 140.

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...RESPONDENTS

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(BY SRI.ABUBACKER SHAFI, ADVOCATE FOR R1; SRI. MANJUNATH K., HCGP FOR R2)

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3 - NC: 2024:KHC:49909 WP No. 10104 of 2016 C/W WP No. 10106 of 2016

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 25.07.2015, 31.10.2015 AND ALSO THE ORDER DATED 23.01.2016 PASSED BY THE 1^ST ADDITIONAL CIVIL JUDGE [SR.DN], MYSURU IN EX.NO.407/2010 VIDE ANNEXURE-C AND HOLD THAT THE RAILWAYS ARE NOT LIABLE TO PAY INTEREST UNDER SEC.28[1] FROM THE DATE OF THE PRELIMINARY NOTIFICATION.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard learned counsel appearing for the parties.

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In these writ petitions, petitioner is assailing the orders dated 25.07.2015, 31.10.2015 and 23.01.2016 in Execution Case No.406/2010 and Execution Case No.407/2010 (Annexure-C), on the file of I Addl. Civil Judge (Sr.Dn.), Mysuru, and the claim of the petitioner is with regard to payment of interest.

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4 - NC: 2024:KHC:49909 WP No. 10104 of 2016 C/W WP No. 10106 of 2016

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Having heard the learned counsel appearing for the parties and taking into consideration the Order dated 02.03.2010 in LAC No.330/2008 would indicate that the interest has been awarded from the date of issuance of the Preliminary Notification on 29.01.2004 and in that view of the matter, as the possession of the land in question has been taken subsequently, this Court is however of the opinion that, the claimants are entitled for interest from the date of taking possession of the land in question in view of the provision contained under Section 28 of the Land Acquisition Act.

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Accordingly, the Writ Petitions are allowed and the impugned order dated 25.07.2015, 31.10.2015 and 23.01.2016 in Execution Case No. 406/2010 and Execution Case No.407/2010 (Annexure-C to the Writ Petitions), on the file of I Addl. Civil Judge (Sr.Dn.), Mysuru, is hereby quashed.

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SD/(E.S.INDIRESH) JUDGE

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List No.: 1 Sl No.: 0

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sac

The Deputy Chief Engineer v. Sri.M.v.Venkatarame Gowda

Case brief

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The Deputy Chief Engineer v. Sri.M.v.Venkatarame Gowda

Case brief

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