Ramappa Mahadevappa Chavareddi vs The Executive Engineer
2022 Latest Caselaw 3408 Kant

         IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH
 DATED THIS THE 28 T H DAY OF FEBRUARY, 2022
                          BEFORE
 THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

              M.F.A. No.102663 OF 2014 (LAC)
BETWEEN:


1.     RAMAPPA MAHADEVAPPA CHAVAREDDI,
       AGE: 56 YEARS, OCC: AGRICULTURE,
       R/O: ANTARAVALLI, TQ: RANEBENNUR.

2.     VEERAPPA MAHADEVAPPA CHAVAREDDI,
       AGE: 51 YEARS, OCC: AGRICULTURE,
       R/O: ANTARAVALLI, TQ: RANEBENNUR.

3.     KRISHNAPPA MAHADEVAPPA CHAVAREDDI,
       AGE: 43 YEARS, OCC: AGRICULTURE,
       R/O: ANTARAVALLI, TQ: RANEBENNUR.
                                                  ... APPELLANTS
(BY SHRI. B. C. JNANAYYASWAMI, ADV. FOR
    SHRI. SANTOSH NARAGUND, ADV.)

AND:

1.     THE EXECUTIVE ENGINEER,
       MINOR IRRIGATION DEPARTMENT,
       DHARWAD.

2.     THE ASSISTANT EXECUTIVE ENGINEER,
       MINOR IRRIGATION DEPARTMENT,
       RANEBENNUR.

3.     THE SPECIAL LAND ACQUISITION
       OFFICER, HAVERI.

4.     THE DEPUTY COMMISSIONER,
       HAVERI.                            ... RESPONDENTS

(BY SRI. VINAYAK S. KULKARNI, AGA FOR R1 TO 4)
                                  :2:



      THIS APPEAL IS FILED UNDER SECTION 54(1) OF LA ACT,
AGAINST THE JUDGMENT AND AWARD DATED 03.01.2011 PASSED IN
LAC NO.278/2008 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, RANEBENNUR, PARTLY ALLOWING THE REFERENCE PETITION
FOR    COMPENSATION        AND     SEEKING     ENHANCEMENT        OF
COMPENSATION.


      THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                           JUDGMENT

It is submitted in respect of lands covered under the same

Notification, in which the lands in the present case are acquired,

a Division Bench of this Court in M.F.A.No.102660/2014 has

enhanced the compensation by a sum of Rs.10,000/- per acre

and awarded the compensation of Rs.2,50,000/- per acre.

2. In view of the said submission, the delay of 1291

days is condoned and IA-1/2014 is allowed. It is however made

clear that the claimants/appellants will not be entitled for interest

for the period of 1291 days.

3. Since it is not in dispute that in respect of the lands

which were notified under the same Notification, a sum of

Rs.2,50,000/- per acre with all statutory benefits has been

awarded by this Court, in the present case also, a sum of

Rs.2,50,000/- per acre is awarded with all statutory benefits,

except the interest for the delayed period of 1291 days in filing

this appeal.

4. Accordingly, appeal is allowed to the extent stated

above.

(Sd/-) JUDGE

Jm/-