Shivanand S/O. Ramappa Dalawai vs The Special Lao
2023 Latest Caselaw 5967 Kant

                                                         -1-
                                                               NC: 2023:KHC-D:9426
                                                                 MFA No. 25109 of 2013




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 24TH DAY OF AUGUST, 2023

                                                    BEFORE
                               THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                          MISCELLANEOUS FIRST APPEAL NO. 25109 OF 2013 (LAC)
                          BETWEEN:

                          1.    SHIVANAND S/O RAMAPPA DALAWAI
                                AGE: 14 YEARS, OCC: AGRICULTURE,

                          2.    CHANNAPPA S/O RAMAPPA DALAWAI
                                AGE: 12 YEARS, OCC: AGRICULTURE,

                                THE APPELLANT NO.1 AND 2 BEING MINORS,
                                R/BY THEIR NATURAL GUARDIAN
                                SMT. THIMMAWWA W/O CHANNAPPA DALAWAI
                                R/O: NANDIHAL VILLAGE, TQ: RAMDURGA,
                                DIST: BELAGAVI.
                                                                          ...APPELLANTS
                          (BY SRI. BASAVARAJ S BYAKOD, ADVOCATE)
                          AND:
                          1.    THE SPECIAL LAO
                                MALAPRABHA PROJECT -1,
                                BAGALKOT.
            Digitally
            signed by
            VIJAYALAXMI
VIJAYALAXMI M BHAT
M BHAT      Date:
                          2.    THE EXECUTIVE ENGINEER
            2023.08.28
            16:05:40
            +0530
                                MBC, DIVISION NO.1,
                                GADDANKERI, BAGALKOT.
                                                                        ...RESPONDENTS

                          (BY SMT. KIRTILATA PATIL-HCGP FOR R1;
                          SRI. M.B.KANAVI, ADVOCATE FOR R2)

                               THIS MFA IS FILED U/SEC.54(1) OF LA ACT, PRAYING TO
                          MODIFY THE JUDGMENT AND AWARD DATED 31.01.2008 MADE
                          IN LAC.NO.115/2007 PASSED BY THE COURT OF CIVIL JUDGE
                          (SENIOR DIVISION), RAMDURG AND CONSEQUENTLY ENHANCE
                          THE COMPENSATION AS PRAYED FOR IN THE REFERENCE
                          APPLICATION, IN THE INTEREST OF JUSTICE AND EQUITY.
                                  -2-
                                          NC: 2023:KHC-D:9426
                                             MFA No. 25109 of 2013




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

                            JUDGMENT

1. This appeal is filed challenging the judgment and award

dated 31.01.2008, passed in LAC No.115/2007 on the file of

the Senior Civil Judge, Ramadurg.

2. Appellants' land was acquired vide notification dated

22.05.2003. The Reference Court awarded compensation

of Rs.1,80,000/- per acre.

3. Learned counsel for the appellants submits that beneficiary

has paid compensation of Rs.2,22,000/- per acre for the

similar lands for the same project, acquired in the year

2003, 2004 and 2005. He would also place reliance on the

judgment of this Court in the case of KAREPPA S/O.

BALAPPA VANTI AND ANOTHER VS. THE SPECIAL LAND

ACQUISITION OFFICER AND OTHERS, in MFA

No.101037/2015 wherein Rs.2,22,000/- per acre was

awarded as compensation for the lands acquired in the year

2003.

4. Learned counsel for the respondent No.2 Sri. M. B. Kanavi,

fairly submits that the beneficiary has paid the

NC: 2023:KHC-D:9426 MFA No. 25109 of 2013

compensation of Rs.2,22,000/- per acre for the similar lands

acquired in the year 2003, 2004 and 2005 for the same

project.

5. Submission is placed on record.

6. This Court is of the view that, since the similarly placed land

losers are awarded compensation of Rs.2,22,000/- per acre,

the benefit should also be given to the present appellants.

7. Accordingly, the appeal is allowed. The compensation is

fixed at Rs.2,22,000/- per acre and the appellants are also

entitled to all the statutory benefits.

Sd/-

JUDGE

gab

..