The Deputy Conservator of Forest Vs Sri. P.D. Chandru

THIS MFA IS FILED UNDER SECTION 74 OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE JUDGMENT AND AWARD DT.30.11.2021 PASSED IN LAC.NO.01/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.

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IN MFA NO. 2231/2023

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BETWEEN:

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THE DEPUTY CONSERVATOR OF FOREST WILDLIFE DIVISION, MYSURU.

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THE SPECIAL LAND ACQUISITION OFFICER, SUB DIVISIONAL OFFICER,

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HC-KAR

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PANDAVAPURA, MANDYA DISTRICT.

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA BANGALORE - 560001.

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THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, BENGALURU - 560001.

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THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA.

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...APPELLANTS

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(BY SMT. PRATHIBHA R K, AGA)

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AND:

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VENKATAGOWDA @ P D UMESH (DEAD ) REP. BY HIS LEGAL HEIRS.

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SMT. LAKSHMI P.R. W/O LATE VENKATAGOWDA @ P.D. UMESH

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SWAROOP P.U S/O LATE VENKATAGOWDA @ P.D. UMESH

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KUM. MEGANA P.U D/O LATE VENKATAGOWDA @ P.D. UMESH

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ALL ARE R/AT PALAHALLI VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK,

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HC-KAR

MANDYA DISTRICT.

...RESPONDENTS

(BY SRI. N KUMAR., ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 74 OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2021 PASSED IN LAC.NO.01/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.

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IN MFA NO. 2250/2023

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BETWEEN:

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THE DEPUTY CONSERVATOR OF FOREST WILDLIFE DIVISION , MYSURU .

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THE SPECIAL LAND ACQUISITION OFFICER, SUB DIVISIONAL OFFICER, PANDAVAPURA, MANDYA DISTRICT.

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, BENGALURU - 560001.

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THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, BENGALURU - 560001.

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HC-KAR

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THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA .

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...APPELLANTS

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(BY SMT. PRATHIBHA R K, AGA)

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AND:

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P D KUMAR S/O .P.V. DASEGOWDA, AGED ABOUT 60 YEARS RESIDING AT PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571606.

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...RESPONDENT

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(BY SRI. N KUMAR., ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 74 OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2021 PASSED IN LAC NO.52/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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These appeals have been filed under section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by the Deputy Conservator of Forest Wildlife Division, Mysuru and others. MFA No.2239/2023 is filed challenging the judgment and award dated 30.11.2021 passed in LAC No.51/2017 by the II Additional District and Sessions Judge, Mandya. MFA No.2231/2023 is filed challenging the judgment and award dated 30.11.2021 passed in LAC No.01/2018 by the II Additional District and Sessions Judge, Mandya. MFA No.2250/2023 is filed challenging the

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judgment and award dated 30.11.2021 passed in LAC No.52/2017 by the II Additional District and Sessions Judge, Mandya.

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The brief facts leading to filing of these appeals are that the State Government issued a preliminary notification on 22.02.2012 for development of

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HC-KAR

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Ranganathittu Bird Sanctuary and widening of road. The final notification came to be issued on 07.05.2013. The Land Acquisition Officer determined the market value at Rs.10,806/- per gunta along with all statutory benefits. The Reference Court enhanced the market value at Rs.1,40,000/- per gunta with statutory benefits. Being aggrieved these appeals are filed.

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Smt. Prathibha R.K, learned Additional

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Government Advocate for the Appellants submits that the Reference Court has completely erred in appreciating the evidence on record and incorrectly determined the market value at Rs.1,40,000/- per gunta. It is submitted that the decision of the Reference Court is based on the judgment

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of this Court in MFA.No.7952/2014 and connected matters, the said judgment was assailed before the Hon'ble Supreme Court. The Hon'ble Supreme Court remanded the matter back to this Court and this Court modified the judgment and award of the Reference Court

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HC-KAR

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by confirming the compensation at Rs.30,49,200/- per

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acre. Hence, she seeks to allow the appeal.

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Per contra , Sri.N.Kumar, learned counsel

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appearing for the respondents/claimants fairly concedes that this Court, after remand, confirmed the compensation of Rs.30,49,200/- per acre. Hence, he seeks to pass appropriate orders.

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We have heard the arguments of the learned Additional Government Advocate appearing for the appellants, the learned counsel appearing for the respondents-claimants and have given our anxious considerations to the material available on record. The point that arises for consideration in these appeals is:

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"Whether the impugned judgments and awards of the Reference Court call for any interference?"

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The parties to the proceedings do not dispute

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that the lands of respondents-claimants have been acquired by the State Government for the purpose of

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HC-KAR

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development of Ranganathittu Bird Sanctuary and

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widening of road and the details of which are as under:

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Survey No.	Extent of Land acquired	LAC. No.	Date of Preliminary notification
114/3	0.21 Guntas situated at Palahalli Village, Belagolla Hobli, Srirangapatna Taluk	52/2017	22.02.2012
114/2	0.38 Guntas situated at Palahalli Village, Belagolla Hobli, Srirangapatna Taluk	51/2017	22.02.2012
114/1	0.35½ guntas situated at Palahalli Village, Belagolla Hobli, Srirangapatna Taluk	01/2018	22.02.2012

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The records indicate that the similarly placed

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land losers have filed appeal before this Court in MFA.No.7952/2014 and connected appeals and being aggrieved by the order of this Court in the said appeal, the appellants herein filed Special Leave to Appeal (C) 58745875/2022. The Hon'ble Supreme Court vide order dated

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HC-KAR

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08.04.2022 after considering the order of the Hon'ble

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Supreme Court in the case of Special Land Acquisition Officer and Others v. N.Savitha dated 22.03.2022 passed in Civil Appeal Nos.2052-2053/2022 held that the acquisition is same and the matter was remanded back to the High Court by permitting to seek review. It is noticed that after remand, the Co-ordinate Bench in the case of

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E.Umesha v. Special Land Acquisition Officer and

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Others in MFA.No.7952/2014 and connected appeals vide judgment dated 29.05.2023 held that the compensation of Rs.30,49,200/per acre is a just compensation, considering the nature of land covered under these appeals and also taking note of the fact that the subject matter of the lands are acquired for the same purpose as that of E.Umesha referred supra . Hence, the respondents-claimants in these appeals are also entitled

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for the compensation at Rs.30,49,200/- per acre with interest and benefits as per the provisions of the law.

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HC-KAR

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For the aforementioned reasons, all the appeals

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are allowed in part with costs. The impugned judgments and award in these appeals are modified. The respondents/claimants are entitled to Rs.30,49,200/- per

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acre with interest and benefits as per the provisions of the law.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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ABK List No.: 1 Sl No.: 23

The Deputy Conservator of Forest v. Sri. P.D. Chandru

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The Deputy Conservator of Forest v. Sri. P.D. Chandru

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