Sri S.T. Krishne Gowda vs Special Land Acquisition Officer
2021 Latest Caselaw 1755 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 16TH DAY OF MARCH 2021

                          PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                               AND

     THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

               M.F.A. NO.3919 OF 2011 (LAC)
BETWEEN:

1.     SRI. S.T. KRISHNE GOWDA
       S/O LATE THIMMAIAH
       AGED ABOUT 55 YEARS.

2.     MISS. S.T. RATHNAMMA
       D/O LATE THIMMAIAH
       AGED ABOUT 50 YEARS.

       BOTH ARE R/AT "SPOORTI"
       H.NO.30, 2ND BLOCK, 2ND STAGE
       VINOBHANAGARA, SHIMOGA-577204.
                                              ... APPELLANTS
(BY SRI. K.N. DAYALU, ADV.,)

AND:

1.     SPECIAL LAND ACQUISITION OFFICER
       UPPER THUNGA PROJECT, SHIMOGA.

2.     EXECUTIVE ENGINEER, KNNL
       UPPER THUNGA PROJECT
       SHIMOGA-577201.                    ... RESPONDENTS

(BY SRI. C.M. POONACHA, AGA FO R1
    SRI. PRASHANTH B.R. ADV., FOR
    SRI. M.R.C. RAVI, ADV., FOR R2)
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      THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT AGAINST THE JUDGMENT AND AWRD DATED
15.3.2010 PASSED IN LAC NO.13/2002 ON THE FILE OF I
ADDITIONAL SENIOR CIVIL JUDGE & CJM, SHIMOGA, PARTLY
ALLOWING    THE    REFERENCE  PETITION  FOR   ENHANCED
COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF
COMPENSATION.

     THIS M.F.A. COMING ON FOR HEARING,         THIS   DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                       JUDGMENT

This appeal under Section 54(1) of the Land

Acquisition Act, 1894 (hereinafter referred to as 'the Act'

for short) has been filed by the land owner against

judgment dated 15.03.2010 seeking enhancement of the

amount of compensation awarded by the Reference

Court.

2. For the reasons assigned by us in the

judgment passed today in M.F.A.No.3915/2011, the

market value of the land is assessed at Rs.76.5/- which

is rounded off to Rs.77/- per square feet .

3. Needless to state that the appellant will be

entitled to solatium and statutory benefits including the

interest, which are payable to them under the provisions

of the Act. To the aforesaid extent, the judgment passed

by the Reference Court is modified. The appellant shall

be entitled to refund of the excess amount of court fee,

if any.

In the result, the appeal is partly allowed with

proportionate costs.

Sd/-

JUDGE

Sd/-

JUDGE

ss