Karnataka High Court
Sri. Puttegowda vs Special Land Acquisition Officer on 29 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:29981
MSA No. 70 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL No.70 OF 2017 (LA)
BETWEEN:
SRI. PUTTEGOWDA,
S/O MUDDEGOWDA,
AGED ABOUT 57 YEARS,
R/O ATTUPPE VILLAGE,
BOOKANAKERE HOBLI, K.R. PET TALUK,
MANDYA DISTRICT - 571 476.
...APPELLANT
(BY SRI. P. MAHESHA, ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER,
NAGAMANGALA TALUK,
Digitally MANDYA DISTRICT - 571 432.
signed by
MALATESH
KC 2. THE EXECUTIVE ENGINEER,
Location: NO. 3, SUB DIVISION,
HIGH
COURT OF H.L.B.C, K.R. PET - 571 426.
KARNATAKA
3. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING, BANGALORE - 560 001.
4. THE DEPUTY COMMISSIONER,
MANDYA DISTRICT, MANDYA - 571 401.
...RESPONDENTS
(BY SRI. T.P. MALIPATIL, AGA FOR R1 TO R4)
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NC: 2024:KHC:29981
MSA No. 70 of 2017
THIS MSA IS FILED UNDER SECTION 54 OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 14.12.2015 PASSED IN MA.LAC NO.5102/2015 ON THE
FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MANDYA SITTING AT SRIRANGAPATNA, ALLOWING THE
APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED
05.11.2013 PASSED IN LAC NO.25/2012 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, K.R.PET, PARTLY ALLOWING
THE REFERENCE PETITION FILED UNDER SECTION 18 OF THE
LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Heard Sri.P.Mahesha, learned counsel for the appellant and Sri.T.P.Malipatil, learned Additional Government Advocate for the respondents.
2. The present appeal is filed challenging the award passed in LAC No.25/2012 dated 05.11.2013 on the file of Senior Civil Judge and JMFC, K.R.Pet, modified in MA(LAC) No.5102/2015 dated 14.12.2015 on the file of III Addl. District and Sessions Judge, Mandya (Sitting at Srirangapatnna).
3. At the outset, Sri.P.Mahesha, learned counsel for the appellant submits that in respect of similarly -3- NC: 2024:KHC:29981 MSA No. 70 of 2017 situated matters, a coordinate Bench of this Court in MSA No.64/2017 and connected appeals dated 24.02.2023, enhanced the compensation and the present appeal can also be disposed of in terms of the judgment of this Court in MSA No.64/2017 and connected matters.
4. Learned Additional Government Advocate did not dispute the order passed by the Coordinate Bench of this Court wherein, quantum of compensation has been enhanced from Rs.3,69,600/- to Rs.4,98,960/-.
5. Accordingly, present appeal also stands allowed in terms of the judgment passed in MSA No.64/2017 dated 24.02.2023 and connected matters with consequential benefits less the interest for the period of 466 days.
Sd/-
(V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 37/CT: BHK