Laxmappa S/O Shivanagappa ... vs The Executive Engineer
2023 Latest Caselaw 5759 Kant

                                                   -1-
                                                          NC: 2023:KHC-D:9086
                                                            MFA No. 101033 of 2020




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 18TH DAY OF AUGUST, 2023

                                                 BEFORE
                            THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                       MISCELLANEOUS FIRST APPEAL NO. 101033 OF 2020 (LAC)

                       BETWEEN:

                       LAXMAPPA
                       S/O SHIVANAGAPPA KARIYANNANAVAR
                       AGE: 71 YEARS, OCC: AGRICULTURIST,
                       R/O: KANAVISIDDAGIRI VILLAGE,
                       TQ: HIREKERUR.
                                                                      ...APPELLANT
                       (BY SMT. RATNAMALA.G.H, ADVOCATE)

                       AND:
                       1.    THE EXECUTIVE ENGINEER
                             UPPER TUNGA PROJECT,
                             RATTIHALLI.

                       2.    THE SPECIAL LAND ACQUISITION OFFICER
                             UPPER TUNGA PROJECT,
                             RANEBENNUR.
          Digitally
          signed by
          SAROJA
                       3.    THE DEPUTY COMMISSIONER
SAROJA    HANGARAKI
HANGARAKI Date:
          2023.08.22
                             HAVERI.
          15:12:59 -
          0700
                                                                    ...RESPONDENTS

                             THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
                       ACT, PRAYING TO MODIFY THE COMPENSATION AWARDED BY
                       THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL
                       JUDGE AND JMFC HIREKERUR, IN LAC NO.29/2011 DATED
                       31.01.2012, BY FIXING THE MARKET VALUE AT THE RATE OF
                       RS. 3,52,425/ ACRE ALONG WITH ALL STATUTORY BENEFITS AS
                       CLAIMED BY THE APPELLANT IN RESPECT OF ACQUIRED LAND
                       BEARING LAND BEARING SY.NO.49/4 MEASURING 35 G       OF
                       MALAGI VILLAGE, TQ: HIREKERUR AND PASS ORDERS FOR ANY
                       OTHER RELIEF AS DEEMED FIR BY THIS HON'BLE COURT IN THE
                       INTEREST OF JUSTICE AND EQUITY.
                               -2-
                                     NC: 2023:KHC-D:9086
                                      MFA No. 101033 of 2020




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

                             ORDER

This appeal is filed challenging the judgment and

award passed by the Reference Court. Claim before the

Reference Court was below Rs.10 lakhs. Hence, appeal

does not lie before this Court.

The appeal is dismissed for want of pecuniary

jurisdiction.

Registry to return the certified copy of impugned

judgment and decree to the appellant.

This appeal is filed on 02.03.2020. In case, if an

appeal is filed before the jurisdictional District Court, the

time spent in prosecuting this appeal shall be excluded

while computing the period of limitation.

Sd/-

JUDGE