Annappa S/O Gangadhar Gangale vs The Special Land Acqusition ...
2023 Latest Caselaw 5137 Kant

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                                                             NC: 2023:KHC-D:8047
                                                              MFA No. 102295 of 2019




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 1ST DAY OF AUGUST, 2023

                                                   BEFORE
                            THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                       MISCELLANEOUS FIRST APPEAL NO. 102295 OF 2019 (LAC)
                       BETWEEN:

                              ANNAPPA S/O GANGADHAR GANGALE
                              AGED ABOUT 50 YEARS,
                              OCC: AGRICULTURE,
                              R/O: INGALAGI, TQ: SAUNDATTI,
                              DIST: BELAGAVI-581119.
                                                                          ...APPELLANT

                       (BY SRI. LOKESH MALAVALLI;
                        SRI. G.N.NARASAMMANAVAR, ADVOCATE)

                       AND:

                       1.     THE SPECIAL LAND ACQUISITION OFFICER
                              MALAPRABHA PROJECT
                              SAUNDATTI, BELAGAVI DISTRICT,
                              NOW AT DHARWAD-580003.
                       2.     THE EXECUTIVE ENGINEER
          Digitally
          signed by
                              M.L.B.C.C. NAVILUTHEERTHA,
          SAROJA
SAROJA    HANGARAKI
HANGARAKI Date:
                              TQ: SAUNDATTI,
          2023.08.04
          11:44:20 -
          0700                DISTRICT: BELAGAVI-58119.
                                                                        ...RESPONDENTS

                               THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
                       ACT,    1984,   AGAINST   THE   JUDGMENT   AND    AWARD   DTD:
                       16.07.2010 PASSED IN LAC.NO.25/2009 ON THE FILE OF THE
                       PRINCIPAL SENIOR CIVIL JUDGE, SAUNDATTI, PARTLY ALLOWING
                       THE REFERENCE PETITION FILED UNDER SECTION 18 OF L.A.
                       ACT.
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                                   NC: 2023:KHC-D:8047
                                    MFA No. 102295 of 2019




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

                         JUDGMENT

This appeal is filed under Section 54 of the Land

Acquisition Act, 1894.

2. The appellant is questioning the judgment and

award passed in LAC No.25/2009 on the file of Senior Civil

Judge, Saundatti.

3. As per the decree produced before this Court,

the extent of land which is acquired is 2 acres in

Sy.No.52/1 of Ingalagi village, Saundatti taluk. In the

reference petition, the claimant has claimed compensation

of Rs.4,00,000/- per acre. In other words, the appellant is

claiming compensation of Rs.8,00,000/- in respect of the

land acquired referred to above.

4. Since the value of the claim is less than

Rs.10,00,000/-, the appeal is not maintainable before this

Court. Accordingly, the appeal is dismissed.

NC: 2023:KHC-D:8047 MFA No. 102295 of 2019

5. However, liberty is reserved to the appellant to

present the appeal before the jurisdictional District Court.

6. The time spent in prosecuting this appeal be

condoned, if an application is filed under Section 14 of the

Limitation Act before the jurisdictional District Court.

7. Registry to return certified copy of the

impugned judgment and decree to the appellant.

8. The court fee paid, if any, shall also be

refunded to the appellant.

Sd/-

JUDGE

SH