Karnataka High Court
Shivamma vs The Special Land Acquisition Officer on 31 July, 2024
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NC: 2024:KHC:30240-DB
MFA No. 1475 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 1475 OF 2018 (LAC)
BETWEEN:
Shivamma
W/o Rangegowda,
Aged about 62 years,
Resident of Doddabeekanahalli Village,
Kattaya Hobli,
Hassan Taluk-573 201
Hassan District.
...Appellant
(By Sri. G.M.Sharath Kumar, Advocate for
Sri. Chethan B., Advocate)
Digitally
signed by AND:
VEERENDRA
KUMAR K M
Location:
HIGH The Special Land Acquisition Officer
COURT OF
KARNATAKA H.R.P,
Hassan-573 201
Hassan District.
...Respondent
(By Sri. Mahantesh Shettar, AGA)
This MFA is filed under section 54(1) of Land Acquisition
Act against the judgment and award dated 10.01.2014 passed
in LAC No.135/2013 on the file of the Prl. Senior Civil Judge,
Hassan, partly allowing the reference petition under section
18(1) of Land Acquisition Act.
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NC: 2024:KHC:30240-DB
MFA No. 1475 of 2018
This Appeal, coming on for orders, this day, judgment
was delivered therein as under:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
and
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR) Heard Sri G.M.Sharath Kumar for Sri Chethan B, learned counsel for the appellant and Sri Mahantesh Shettar, learned Additional Government Advocate, for the respondent.
2. This appeal is preferred against the judgment and award in LAC 135/2013 on the file of Principal Senior Civil Judge, Hassan.
3. The appellant's land to the extent of 21.5 guntas was acquired for Yagachi Reservoir Project under preliminary notification dated 09.02.2009. The land acquisition officer awarded compensation of Rs.40,000/- per acre and the reference court enhanced the compensation to Rs.20,000/- per gunta. Not being -3- NC: 2024:KHC:30240-DB MFA No. 1475 of 2018 satisfied with the enhancement given by the reference court, this appeal has been preferred.
4. In connection with the same project but under different notification, following the judgments in MFA 8873/2018 and 8703/2018, in MFA 3870/2021 disposed of on 30.07.2024 this court enhanced the compensation to Rs.1,00,000/- per gunta. Since the appellant is entitled to the same compensation, this appeal stands allowed in terms of the order in MFA 3870/2021, with all statutory benefits.
Appellant is not entitled to interest for 1406 days in terms of even order dated 31.07.2024 passed on I.A.1/2018.
Sd/-
(SREENIVAS HARISH KUMAR) JUDGE Sd/-
(UMESH M ADIGA) JUDGE CKL List No.: 1 Sl No.: 5