Citation : 2021 Latest Caselaw 3134 Kant
Judgement Date : 10 August, 2021
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10 T H DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MFA No.100457/2021
BETWEEN:
THE S PECIAL LAN D ACQUISITION OFFICER,
NATIONAL HI GHW AY AUTHORIZED I NDIA
OPP. LAXMI TALKI ES, PUNE,
BENGALURU ROAD ,
DHARWAD - 580008
...A PPELLANT
(BY SRI. R. RAVIN DRA NAIK HCGP)
AND:
THE MANAGER,
RAJA CERAMIC UN IT,
RAJA TILES COM PANY, KHANAPUR,
DIST. BELAGVI - 590001
... RES PONDENT
(SRI. MALLIKARJUN S. HIREMATH, A DVOCATE)
THIS MFA IS FILED UNDER SECTI ON 54( 1) OF
LAND ACQUISITI ON ACT, 1894, AGAINST THE
JUDGMENT AND AWARD DATED 02.01.2019 PASS ED IN
LAC N O.2/2008 ON THE FI LE OF T HE SENI OR CIVIL
JUDGE AND JUD ICIAL MAGISTRA TE FIRST CLASS ,
KHANAPUR, AWA RDING THE COMPENSATION OF
RS.1,00,000/- PER GUNTA .
THIS MFA COMING ON FOR ORDERS THIS DAY,
THE COURT PASS ED THE F OLLOWING:
2
JUDGMENT
Heard the learned HCGP for the appellant
and the learned counsel for the respondent.
2. The appeal is valued at Rs. 7,80,000/- .
As per Section 19(1) of Karnataka Civil Courts
Act, 1964, the District Court is having
pecuniary jurisdiction to entertain the appeal,
if the valuation of the subject matter does not
exceed Rs.10,00,000/-. In the present appeal,
the valuation is Rs.7,80,000/-. Hence, the
appeal has to be filed before the concerned
District Court.
3. In view of the above, the appeal is
disposed of with liberty to the appellant to file
appeal before the concerned District Court,
within one month from today.
4. Registry is directed to return the
documents to the learned HCGP.
5. There was an interim order dated
23.04.2021, staying the Judgment and award.
The same shall continue for a period of one
month from today.
6. In view of the disposal of the appeal,
I.A.No.1/2021, I.A.No.2/2021 and
I.A.No.4/2021 do not survive for consideration.
Sd/-
JUDGE
*Svh/-
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