Kenchappa Vs the Special Land Acquisition Officer

THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT DATED 17.08.2020 PASSED IN MA.11/2018 ON THE FILE OF THE II AND ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.03.2005 PASSED IN LAC.NO.88/2003 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM, SHIMOGA.

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

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NC: 2025:KHC:34208 MSA No. 144 of 2021

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Heard Sri. Sangamesh G. Patil, learned counsel for the appellant and Sri. Gopal Krishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri. B.R. Prashanth, learned counsel for respondent No.2.

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The present second appeal is filed by the claimant seeking enhancement of compensation in respect of the acquired land.

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At the outset, the counsel for the appellant has filed a copy of the Order passed by the Division Bench of this Court in MFA No.8595/2014 (disposed of on 10.02.2020). The relevant portion in paragraphs 2 and 3 are culled out hereunder for ready reference:

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"2. Admittedly, the land of the appellant measuring 3 acres 12 guntas situated at Sominakoppa Village, Shimoga District, has been acquired by the respondent for Upper Tunga project.

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3 - NC: 2025:KHC:34208 MSA No. 144 of 2021

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HC-KAR

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3. This Court, by judgment dated 13.01.2020 passed in MFA No.3364/2012 and connected matters has determined the market value of the property at Rs.150/- per square feet. Since the land of the appellant has been acquired for the purpose of the same project and situated in the same Village, therefore, for the reasons assigned int eh aforesaid judgment, we determine the market value of the land pertaining to the appellant at Rs.150/- per square feet."

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In the case on hand, land of the appellant that was acquired is for same project and is notified in the same year. herefore, the present appellant is also entitled for market value of the property as compensation at the rate of Rs.150/- per square feet with consequential benefits.

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