Karnataka High Court
The Assistant Commissioner And ... vs Karnayya S/O Husnayya Since Died, ... on 21 February, 2022
Bench: S.R.Krishna Kumar, K S Hemalekha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF FEBRUARY 2022
PRESENT
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
MFA NO.200319/2021
C/W
MFA NO.200206/2020, MFA NO.200207/2020
MFA NO.200208/2020, MFA NO.200209/2020
MFA NO.200211/2020, MFA NO.200212/2020,
MFA NO.200404/2020, MFA NO.200405/2020,
MFA NO.200406/2020, MFA NO.200407/2020,
MFA NO.200408/2020, MFA NO.200409/2020,
MFA NO.200496/2020, MFA NO.200497/2020,
MFA NO.200498/2020, MFA NO.200499/2020,
MFA NO.200500/2020, MFA NO.200568/2020,
MFA CROB NO.200028/2022,
MFA CROB NO.200029/2022,
MFA CROB NO.200030/2022,
MFA CROB NO.200031/2022,
MFA CROB NO.200032/2022,
MFA CROB NO.200033/2022,
MFA CROB NO.200034/2022,
MFA CROB NO.200035/2022,
MFA CROB NO.200036/2022,
MFA CROB NO.200037/2022,
MFA CROB NO.200038/2022,
MFA CROB NO.200039/2022 &
MFA CROB NO.200040/2022
2
IN MFA NO.200319/2021:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Dist. Yadgiri-585201
2. The Executive Director
Uranium Corporation of India
Hyderabad through its Scientific
Officer The Atomic Minerals
Directorate for Exploration &
Research, Southern Region,
Nagarbhavi
Bengaluru-560072.
3. The Deputy Commissioner
Yadgir District
Yadgiri-585201
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Chandappa gouda S/o Hanmantharaya
Since died, his LRs
1. Hanmantharaya gouda
S/o Chandappagouda
Age: Major, Occ: Agriculture
2. Somanna S/o Chandappa gouda
Age: Major, Occ: Agriculture
Both R/o Umardoddi Village
Tq. Shahapur
Dist. Yadgir-585201.
... Respondents
(R1 & R2 - Served)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.6/2017 passed by the Senior Civil Judge
and JMFC at Shahapur, dated 18.12.2018 and etc.
IN MFA NO.200206/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgiri District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Ningamma W/o Shivreddy Pouti Sboob By LR's
Kum. Ashwini D/o Gurunatha Reddy
R/o Diggi, Tq. Shahapur
Dist. Yadgir-585001.
... Respondent
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.08/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200207/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Basamma W/o Shankrappa Karkihalli
R/o Diggi, Tq. Shahapur Age: Major
Dist. Yadgir-585201.
... Respondent
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.22/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200208/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
1. Mallappa S/o Bhimappa Swanti
2. Hulgamma W/o Ninganna
Died under Guardian
1. Hulgamma she is died her U/g
Shidramappa S/o Sharanappa Sannati
All R/o Diggi, Tq. Shahapur
Dist. Yadgir-585201.
... Respondents
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.23/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200209/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgiri District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Mahadevamma W/o Shivreddy
Age: Major, R/o Diggi, Tq. Shahapur
Dist. Yadgir-585001.
... Respondent
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.21/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200211/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Mallanna S/o Sanganna Karkihalli
R/o Diggi, Tq. Shahapur
Dist. Yadgir-585201.
... Respondent
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.15/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200212/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Shantappa S/o Sangappa
R/o Saidapur, Tq. Shahapur
Dist. Yadgir-585201.
... Respondent
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.04/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200404/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Devindrappa S/o Sangappa
R/o Saidapur, Tq. Shahapur
Dist. Yadgir-585201.
... Respondent
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.30/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200405/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Sangappa S/o Bhimappa Pooti U/G
1. Devakamma W/o Sangappa
2. Subhash S/o Sangappa
3. Siddarodha S/o Sangappa
4. Sumalata S/o Sangappa
5. Sudhakar S/o Sangappa
6. Jyoti S/o Sangappa
7. Ramadevi S/o Sangappa
All Age: Major R/o Diggi,
Tq. Shahapur
Dist. Yadgir-585201.
... Respondents
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.26/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200406/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Sharanamma W/o Sangappa Died his LRs
1. Nagappa S/o Sangappa
2. Manappa S/o Sangappa
3. Mallappa S/o Sangappa
4. Jyoti W/o Bhimappa
All are age: Major R/o Diggi,
Tq. Shahapur
Dist. Yadgir-585201.
... Respondents
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.27/2016 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200407/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Siddappa S/o Chandappa Talavar
R/o Diggi Village, Tq. Shahapur
Dist. Yadgir-585201.
... Respondent
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.32/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200408/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
1. Shantgouda S/o Erannagouda
2. Shankregouda S/o Erannagouda
Both R/o Diggi Village,
Tq. Shahapur
Dist. Yadgir-585201.
... Respondents
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.98/2015 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200409/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-72.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
1. Mallannagouda S/o Chandraygouda
2. Bhimareddy S/o Chandraygouda
Both R/o Gogi (K) Village,
Tq. Shahapur
Dist. Yadgir-585201.
... Respondents
(By Sri B.S. Nagaraj, & Sri S.V. Paraddy, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.03/2013 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200496/2020:
BETWEEN:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Executive Director
Uranium Corporation of India
Hyderabad through its Scientific Officer
The Atomic Minerals, Government of India
M.M.D Complex, Nagarbhavi
Bengaluru-560072.
3. The Deputy Commissioner
Yadgir District
Yadgiri-585201
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Chandappa gouda S/o Hanmantharaya
Since died, his LRs
1. Hanmantharaya gouda
S/o Chandappagouda
Age: Major, Occ: Agriculture
2. Somanna S/o Chandappa gouda
Age: Major, Occ: Agriculture
Both R/o Umardoddi Village,
Tq. Shahapur
Dist. Yadgir-585201.
... Respondents
(R1 & R2 - Served)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.7/2017 passed by the Senior Civil Judge
and JMFC at Shahapur, dated 13.02.2019 and etc.
IN MFA NO.200497/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Executive Director
Uranium Corporation of India
Hyderabad through its Scientific Officer
The Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
3. The Deputy Commissioner
Yadgir District
Yadgiri-585201
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Karnayya S/o Husnayya Since died, his LRs
1. Erabai @ Eramma
W/o Kariappa @ karnayya
Age: 68 years, Occ: H.H.
2. Chandrabhaga W/o Amol @ Amlayya
Age: 43 years, Occ: H.H.
3. Shoba W/o Balu Bhandari
Age: 45 years, Occ: House Hold
4. Manju W/o Haresh Dandate
Age: 40 years, Occ: Cooli
5. Baba S/o Karippa @ Karnayya
Age: 38 years, Occ: Cooli
All R/o Saidapur, Tq. Shahapur
Dist. Yadgir-585201.
Now at present: Ganganagar,
Mahadevi Colony Phursungi Haveli
Pune (Maharastra State)-412305.
... Respondents
(R1 Deceased; R2 to R5 Served)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.5/2014 passed by the Senior Civil Judge
and JMFC at Shahapur, dated 12.12.2018 and etc.
IN MFA NO.200498/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgir District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Basappa S/o Marlingappa
R/o Diggi Village, Tq. Shahapur
Dist. Yadgir-585201.
... Respondent
(By Sri Gururaj Rao Kakkeri, Advocate)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.31/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200499/2020:
BETWEEN:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Executive Director
Uranium Corporation of India
Hyderabad through its Scientific Officer
The Atomic Minerals, Government of India
M.M.D Complex, Nagarbhavi
Bengaluru-560072.
3. The Deputy Commissioner
Yadgir District
Yadgiri-585201
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Siddappa S/o Rayappa
Age: Major, Occ: Agriculture
R/o Saidapur Village
Tq. Shahapur
Dist. Yadgir-585201.
... Respondent
(Served on IA)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.5/2017 passed by the Senior Civil Judge
and JMFC at Shahapur, dated 14.02.2019 and etc.
IN MFA NO.200500/2020:
BETWEEN:
1. The Assistant Commissioner and
Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
3. The Deputy Commissioner
Yadgir District
Yadgiri-585201
... Appellants
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
Mallayya S/o Siddayya
R/o Umardoddi Village,
Tq. Shahapur
Dist. Yadgir-585201.
... Respondent
(By Sri Gururaj Rao Kakkeri, &
Sri Ganesh Naik, Advocates)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.13/2014 passed by the Senior Civil
Judge and JMFC at Shahapur, dated 13.08.2018 and etc.
IN MFA NO.200568/2020:
BETWEEN:
The Executive Director
Uranium corporation of India
Hydrabad-500001.
... Appellant
(By Sri Mallikarjun C. Basareddy, HCGP)
AND:
1. Shivarajappa S/o Tippanna
Age: Major, Occ: Agriculture
2. Sanganna S/o Tippanna
Age: Major, Occ: Agriculture
3. Chandrashekhar S/o Tippanna
Age: Major, Occ: Agriculture
4. Bhagamma W/o Tippanna
Age: Major, Occ: Agriculture
5. Gurubasappa S/o Tippanna
Age: Major, Occ: Agriculture
6. Basawaraj S/o Tippanna
Age: Major, Occ: Agriculture
Both R/o Saidapur Village,
Tq. Shahapur,
Dist. Yadgir-585201.
... Respondents
(By Sri Ganesh Naik, & Sri Gururaj Rao Kakkeri, Advocates
for R1 to R4 & R6; R5 Served on IA)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to Call for the
records in LAC.No.8/2017 passed by the Senior Civil Judge
and JMFC at Shahapur, dated 06.12.2018 and etc.
IN MFA CROB NO.200028/2022:
BETWEEN:
1. Mallannagouda
Major in Age: 57
S/o Chandraygouda
R/o Gogi (K) Shahapur Taluk
Yadgir District-585309.
2. Bhimareddy
Major in Age: 49
S/o Chandraygouda
R/o Gogi (K) Shahapur Taluk
Yadgir District-585309.
... Cross Objectors
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgir District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.147/- per Sq. Feet to the land to an
extent 8 acres 33 guntas out of 10 acres in Sy.No.627/2
belonging to the cross objectors, as against
Rs.10,00,000/- per acre, by modifying the Judgment and
award dated 13.08.2018 passed in LAC No.03/2013 on the
file of learned Senior Civil Judge & JMFC, Shahapur and
etc.
IN MFA CROB NO.200029/2022:
BETWEEN:
Mahadevamma
Aged about 75 years
W/o Shivareddy
R/o Diggi Village,
Shahapur Taluk
Yadgir District-585223.
... Cross Objectors
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.30/2/1 measuring 3 acres 35 guntas, Sy.30/3/1 to
an extent of 11 1/2 guntas and Sy.No.30/3/2 to an extent
of 26 guntas, belonging to the cross objectors, as against
Rs.10,00,000/- per acre, by modifying the Judgment and
award dated 13.08.2018 passed in LAC No.21/2014 on the
file of learned Senior Civil Judge & JMFC, Shahapur and
etc.
IN MFA CROB NO.200030/2022:
BETWEEN:
Sharanamma W/o Sangappa
Since dead by LRs
1. Nagappa aged about 51 years
S/o Sangappa
2. Manappa aged about 47 years
S/o Sangappa
3. Mallappa aged about 45 years
S/o Sangappa
4. Jyothi W/o Bhimappa
aged about 37 years
All are R/o Diggi Village,
Shahapur Taluk
Yadgir District-585223.
... Cross Objectors
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585201
2. The Deputy Commissioner
Yadgir District
Yadgiri-585201
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.101/A to an extent of 6 acre 10, belonging to the
cross objectors, as against Rs.10,00,000/- per acre, by
modifying the Judgment and award dated 13.08.2018
passed in LAC No.27/2016 on the file of learned Senior
Civil Judge & JMFC, Shahapur and etc.
IN MFA CROB NO.200031/2022:
BETWEEN:
Siddappa
aged about 57 years
S/o Chandappa Talavar
R/o Diggi Village, Shahapur Taluk
Yadgir District-585201.
... Cross Objector
(By Sri Sidramreddy Venkanna Paraddy, Advocate)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.34 to an extent of 14 acre 12 Guntas, belonging to
the cross objectors, as against Rs.10,00,000/- per acre, by
modifying the Judgment and award dated 13.08.2018
passed in LAC No.32/2014 on the file of learned Senior
Civil Judge & JMFC, Shahapur and etc.
IN MFA CROB NO.200032/2022:
BETWEEN:
Sangappa S/o Bhimappa
Since dead by LRs
1. Devikamma aged about 69 years
W/o Sangappa
2. Subhash aged about 53 years
S/o Sangappa
3. Siddaroda aged about 48 years
S/o Sangappa
4. Sumalata @ Sumangala
Aged about 47 years
D/o Sangappa
R/at Ambika Nagar
Tarpal Layout,
Kalaburagi.
5. Sudhakar
Aged about 42 years
S/o Sangappa
6. Jyothi
aged about 41 years
D/o Sangappa
R/at Thummana Thooru
Umanabad Tq. Bidar Dist.
7. Ramadevi
Aged about 33 years
D/o Sangappa
are R/o Diggi Village,
Shahapur Taluk
Yadgir District-585223.
... Cross Objectors
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.31/5 to an extent of 3 acre 11 Guntas, belonging to
the cross objectors, as against Rs.10,00,000/- per acre, by
modifying the Judgment and award dated 13.08.2018
passed in LAC No.26/2014 on the file of learned Senior
Civil Judge & JMFC, Shahapur and etc.
IN MFA CROB NO.200033/2022:
BETWEEN:
Shantappa
Aged about 40 years
S/o Sangappa
R/o Diggi Village
Shahapur Taluk
Yadgiri District-585201.
... Cross Objector
(By Sri Sidramreddy Venkanna Paraddy, Advocate)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.38/3 to an extent of 01 acre 09 guntas, saidapur
Village, Shahapur Taluk, Yadgir District, as against
Rs.10,00,000/- per acre, by modifying the Judgment and
award dated 13.08.2018 passed in LAC No.04/2014 on the
file of learned Senior Civil Judge & JMFC, Shahapur and
etc.
IN MFA CROB NO.200034/2022:
BETWEEN:
Eshwaramma
Aged about 76 years
W/o Saheb Gouda
R/o Gogi (K) Village
Shahapur Taluk
Yadgiri District-585201.
... Cross Objector
(By Sri Sidramreddy Venkanna Paraddy, Advocate)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.367/1 to an extent of 2 acres 30 Guntas, Gogi (K)
Village, Shahapur Taluk, Yadgir District, as against
Rs.10,00,000/- per acre, by modifying the Judgment and
award dated 13.08.2018 passed in LAC No.03/2013 on the
file of learned Senior Civil Judge & JMFC, Shahapur and
etc.
IN MFA CROB NO.200035/2022:
BETWEEN:
Devindrappa
Aged about 44 years
S/o Sangappa, R/o Diggi Village
Shahapur Taluk
Yadgiri District-585223.
... Cross Objector
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.38/2 to an extent of 1 acre 9 Guntas, belonging to
the cross objectors, as against Rs.10,00,000/- per acre, by
modifying the Judgment and award dated 13.08.2018
passed in LAC No.30/2014 on the file of learned Senior
Civil Judge & JMFC, Shahapur and etc.
IN MFA CROB NO.200036/2022:
BETWEEN:
Bhimappa
Aged about 70 years
S/o Hanumantha
R/o Diggi Village
Shahapur Taluk
Yadgiri District-585201.
... Cross Objector
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.101/A to an extent of 3 acres 30 Guntas, Gogi (K)
Village, Shahapur Taluk, Yadagir District as against
Rs.10,00,000/- per acre, by modifying the Judgment and
award dated 13.08.2018 passed in LAC No.11/2014 on the
file of learned Senior Civil Judge & JMFC, Shahapur and
etc.
IN MFA CROB NO.200037/2022:
BETWEEN:
Basamma
Aged about 78 years
W/o Shankrappa Karkihalli
R/o Diggi Village
Shahapur Taluk
Yadgiri District-585201.
... Cross Objector
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.30/2/3 to an extent of 01 acre 36 Guntas, Diggi
Village, Shahapur Taluk, Yadgir District, as against
Rs.10,00,000/- per acre, by modifying the Judgment and
award dated 13.08.2018 passed in LAC No.22/2014 on the
file of learned Senior Civil Judge & JMFC, Shahapur and
etc.
IN MFA CROB NO.200038/2022:
BETWEEN:
Mallanna
Aged about 61 years
S/o Sanganna Karkihallli
R/o Diggi Village
Shahapur Taluk
Yadgiri District-585201.
... Cross Objector
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.30/2/2 to an extent of 01 acre 19 Guntas, Diggi
Village, Shahapur Taluk, Yadgir District as against
Rs.10,00,000/- per acre, by modifying the Judgment and
award dated 13.08.2018 passed in LAC No.15/2014 on the
file of learned Senior Civil Judge & JMFC, Shahapur and
etc.
IN MFA CROB NO.200039/2022:
BETWEEN:
Ningamma
W/o Shivreddy Pouti Sboob
U/g Kum. Ashwini
D/o Gurunatha Reddy
Aged about 29 years
R/o Diggi Village
Shahapur Taluk
Yadgiri District-585201.
... Cross Objector
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.30/2/1 to an extent of 01 acre 20 Guntas, Sy.No.
30/3/1 to an extent of 11 1/2 guntas, Sy.No.30/2/1 to an
extent of 01 acre 20 guntas, Sy.No.30/3/1 to an extent of
11 1/2 guntas, situated at Diggi Village, Shahapur Taluk,
Yadgir District, as against Rs.10,00,000/- per acre, by
modifying the Judgment and award dated 13.08.2018
passed in LAC No.08/2014 on the file of learned Senior
Civil Judge & JMFC, Shahapur and etc.
IN MFA CROB NO.200040/2022:
BETWEEN:
1. Shantgouda
Aged about 61 years
S/o Erannagouda
2. Shankregouda
Aged about 66 years
S/o Erannagouda
Both are R/o Diggi Village
Shahapur Taluk
Yadgiri District-585223.
... Cross Objectors
(By Sri Sidramreddy Venkanna Paraddy,
Sri B.S.Nagaraj, & Sri B.S. Nagendra Advocates)
AND:
1. The Assistant Commissioner and
Special Land Acquisition Officer
Yadgir Sub-Division
Yadgiri-585001
2. The Deputy Commissioner
Yadgir District
Yadgiri-585001
3. The Regional Director
Atomic Minerals, Government of India
A.M.D Complex, Nagarbhavi
Bengaluru-560072.
... Respondents
(By Sri Mallikarjun C. Basareddy, HCGP)
This MFA CROB. is filed under Order XLI Rule 22 of
C.P.C, praying to allow this Cross Objections enhancing the
compensation at Rs.15,00,000/- per acre to the land in
Sy.No.101/e to an extent of 10 acre 24, belonging to the
cross objectors, as against Rs.10,00,000/- per acre, by
modifying the Judgment and award dated 13.08.2018
passed in LAC No.98/2015 on the file of learned Senior
Civil Judge & JMFC, Shahapur and etc.
These appeals along with MFA Crobs. coming on for
Admission this day, S.R.Krishna Kumar J., delivered the
following:
JUDGMENT
These appeals and cross objections arise out of the
impugned judgments and awards dated 18.12.2018
passed in LAC No.6/2017 and connected matters whereby
the Reference Court allowed the claim of the claimants in
part and re-determined/enhanced the compensation
payable in their favour in respect of the subject lands.
2. Before the Reference Court, the appellants
were arrayed as respondents, while the Cross Objectors
were the claimants in all the matters.
3. The appeals have been preferred by the
appellants questioning the quantum of compensation
awarded by the Reference Court while the claimants have
filed Cross Objections seeking enhancement of the
compensation awarded by the Reference Court.
4. In addition to reiterating the various
contentions urged in the appeal and referring to the
material on record, learned High Court Government
Pleader for the appellants submits that it is the specific
contention of the appellants that due to bona fide reasons,
unavoidable circumstances and sufficient cause, it was not
possible for the appellants to adduce oral and documentary
evidence in support of their defence and that the
appellants could not properly defend the proceedings
before the Reference Court. It is therefore contended on
behalf of the appellants that it is necessary that one more
opportunity is provided in favour of the appellants to
contest and defend the proceedings by setting aside the
impugned judgments and awards by remitting the matter
back to the Reference Court for reconsideration afresh in
accordance with law. It is submitted that the appellants
are ready to abide by the terms and conditions to be
imposed by this Court in this regard.
5. Per contra, learned counsel for the claimants -
Cross Objectors submits that the compensation awarded
by the Reference Court is meager and inadequate and that
the same deserves to be enhanced by this Court.
6. We have given our anxious consideration to
the rival submissions and perused the material on record.
7. Though several contentions have been urged
by both sides in support of their respective claims, having
regard to the specific assertion on the part of the
appellants that if one more opportunity is provided in
favour of the appellants to contest the matter by
permitting them to adduce oral and documentary evidence
by remitting the matter back to the Reference Court,
without expressing any opinion on the merits/demerits of
the rival contentions, we deem it just and appropriate to
adopt a justice oriented approach and give one more
opportunity to the appellants to contest the proceedings by
setting aside the impugned judgments and awards and
remitting the matter back to the Reference Court for
reconsideration afresh in accordance with law.
8. In the result, we pass the following:
ORDER
i. MFA Nos.200319/2021 200206/2020,
200207/2020 200208/2020, 200209/2020,
200211/2020, 200212/2020, 200404/2020,
200405/2020, 200406/2020, 200407/2020,
200408/2020, 200409/2020, 200496/2020,
200497/2020, 200498/2020, 200499/2020,
200500/2020, 200568/2020 are hereby
allowed.
ii. So also, MFA Cross Objection
Nos.200028/2022 200029/2022, 200030/2022,
200031/2022, 200032/2022, 200033/2022,
200034/2022, 200035/2022, 200036/2022,
200037/2022, 200038/2022, 200039/2022,
200040/2022 are also allowed.
iii. The impugned judgments and awards
passed by the Reference Court are hereby
set aside.
iv. The matters are remitted back to the
Reference Court for reconsideration afresh
in accordance with law.
v. Liberty is reserved in favour of all parties to
adduce evidence/additional evidence in
support of their contentions including cross-
examining the other side and their
witnesses.
vi. The parties undertake to appear before the
Reference Court on 14.03.2022 without
awaiting further notice from the Court.
vii. The appellants undertake to complete their
evidence within a period of one month from
14.03.2022; needless to state that the
claimants shall be entitled to cross-examine
the appellants and their witnesses.
viii. After completion of evidence by the
appellants, liberty is also reserved in favour
of the claimants to adduce further/rebuttal
evidence on their behalf; so also, the
appellants are at liberty to cross-examine
the claimants and their witnesses.
ix. The Reference Court is directed to conclude
the evidence on or before 30.06.2022.
x. The Reference Court is directed to hear the
arguments and dispose of the matter as
expeditiously as possible and at any rate on
or before 31.07.2022.
xi. In addition to the amounts already
deposited by the appellants before this
Court which have been withdrawn by the
respective claimants, the appellants
undertake to deposit an additional 25% of
the award amount together with all
benefits, interest, etc., in all the claim
petitions before the Reference Court on or
before 01.04.2022.
xii. Immediately upon deposit of such additional
25% amounts by the appellants before the
Reference Court as stated supra, the
respective claimants shall be entitled to
withdraw the said amounts deposited by the
appellants before the Reference Court.
xiii. In the event any amount deposited by the
appellants in any of the appeals before this
Court has not been withdrawn by the
claimants, the Registry is directed to
transfer/transmit the same to the Reference
Court so as to enable the claimants to
withdraw the said amounts.
xiv. It is made clear that the withdrawal of the
earlier amounts deposited by the appellants
as well as the amounts to be deposited by
the appellants henceforth shall be without
prejudice to the rights and contentions of
the parties and subject to the final
outcome/result of the proceedings before
the Reference Court.
xv. The entire Court Fee, if any, paid by the
appellants and the cross objectors is
directed to be refunded back to the
appellants and the cross objectors.
Sd/-
JUDGE
Sd/-
JUDGE
swk/LG
