Citation : 2021 Latest Caselaw 6446 Kant
Judgement Date : 18 December, 2021
HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2021
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE M.I.ARUN
AND
SRI LIYAQAT FAREED USTAD, MEMBER
W.P.No.201733/2016 (LA-RES)
[LOK ADALAT NO.1043/2021]
BETWEEN:
Karnataka Road Development Corporation Limited,
PWD Building Premises,
Old Jewargi Road, Gulbarga,
Represented by its Executive Engineer.
...Petitioner
(By Sri R.A.Patil and Sri A.M.Nagaral, Advocates)
AND:
1. Jeer Basavaraj S/o Hanumanthappa,
Age : 74 years, Occ: Agriculture,
R/o Sirwar, Tq : Manvi,
Dist : Raichur - 584 121.
2. Channabasayya S/o Mahantayya
Deceased by LRs
2
2(a) Smt.Sharanamma
W/o Late Channabasayya,
Age : 65 years, Occ : Household,
2(b) Rachotayya S/o Late Channabasayya
Age : 45 years, Occ : Agriculture,
Both are R/o Sirwar, Tq : Manvi,
Disst : Raichur - 584121.
3. The Special Land Acquisition Officer/
Assistant Commissioner,
Raichur - 584 011.
4. The Chief Secretary,
Government of Karnataka,
Bangalore - 01.
... Respondents
(Sri Basavaraj R.Math, Advocate for R1, 2(a) & 2(b);
R3 & R4 - AGA)
****
This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ or direction, quashing the judgment and award dated 18.11.2013 in LAC No.33/2006 C/w 34/2006 passed by the Additional Senior Civil Judge, Raichur at Annexures-E, F and F1.
This writ petition is coming on for Conciliation before Lok Adalat, this day the following Conciliation Crder is passed.
W.P.No.201733/2016 (LA-RES) (LOK ADALATH No.1043/2021)
MIAJ & SRI LIYAQAT FAREED USTAD, MEMBER: 18.12.2021
CONCILIATION ORDER
The learned counsel for the petitioner and the
learned counsel for respondent Nos.1 and 2 (a & b) are
present.
2. Respondent Nos.1 and the legal heirs of
respondent No.2 are land losers. They were the claimants
in LAC Nos.33/2006 and 34/2006 respectively. The lands
are acquired for the benefit of the petitioner herein. On the
ground that the petitioner has not been heard while
determining the compensation in LAC Nos.33/2006 and
34/2006 and contending that the same needs to be
reduced, the instant writ petition is filed.
3. During the pendency of the writ petition, the
parties have arrived at a compromise on the following
terms:
That, the petitioner has deposited 80% of the award
amount before executing Court in E.P.Nos.113/2014 and
114/2014. The respondents have agreed to waive 50% of
the interest amount on balance 20% of award amount
from 03.05.2015 to 18.12.2021.
The Petitioner-Karnataka Road Development
Corporation Limited, Bengaluru has agreed to deposit the
20% of balance award amount and 50% of the interest on
20% of award amount, before the executing court within
six weeks from the date of this conciliation order, failing
which the said amount shall carry interest at 9% p.a. from
the date of default till the date of deposit. The parties are
not entitled for any cost.
4. A joint memo signed by the authorized officer
of the petitioner and duly identified by the learned counsel
for the petitioner and also the learned counsel for
respondent Nos.1 and 2 (a & b), who submits that he has
been authorized to sign the joint memo, is filed to this
effect. The same is accepted.
5. The Writ Petition stands disposed of in terms of
the Joint Memo. The award of the Tribunal shall stand
modified accordingly. Draw up the award accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
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