Karnataka High Court
Prabhuling vs Special Land on 11 December, 2023
Author: R.Devdas
Bench: R.Devdas
-1-
NC: 2023:KHC-K:9139-DB
RP No.200010 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE C M JOSHI
REVIEW PETITION NO.200010 OF 2019
IN
M.F.A.No.602 OF 2007 (LAC)
BETWEEN:
PRABHULING
S/O GURUPADAPPA
AGE: 75 YEARS, OCC: AGRICULTURE
R/O CHENNUR, TQ:CHINCHOLI
DIST: KALABURAGI.
... REVIEW PETITIONER
(BY SRI.HARSHAVARDHAN R.MALIPATIL, ADVOCATE)
AND:
Digitally signed by
VARSHA N
RASALKAR
SPECIAL LAND ACQUISITION OFFICER
Location: High Court MAJOR AND MINOR IRRIGATION PROJECT
Of Karnataka
KALABURAGI-585 102.
...RESPONDENT
(BY SRI.MALLIKARJUN C. BASAREDDY, GOVT. ADVOCATE)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
AND UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW
THE JUDGMENT AND AWARD OF THIS HON'BLE COURT IN
M.F.A.NO.602 OF 2007 DATED 10.04.2008 AND
CONSEQUENTLY AWARD OF RS.1,72,630/- PER ACRE IN
RESPECT OF IRRIGATED / WET LAND AND RS.1,15,086/- PER
ACRE FOR DRY LAND WITH ALL STATUTORY BENEFITS AND
COST, IN THE INTEREST OF JUSTICE AND EQUITY.
-2-
NC: 2023:KHC-K:9139-DB
RP No.200010 of 2019
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
R.DEVDAS J., MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned Government Advocate takes notice for the
respondent.
2. This review petition has been filed by the
appellant in M.F.A.No.602/2007 which was disposed of on
10.04.2008 based on a judgment and award passed in
M.F.A.No.7498/2006.
3. Learned Counsel for the petitioner has brought
to our notice several such orders passed in review
petitions. Two of the most recent ones are in
R.P.No.200013/2018 dated 15.02.2019 and
R.P.No.200015/2014 dated 23.08.2019. This Court
accepted the contentions of the review petitioner and held
that there cannot be discrimination in payment of
compensation amongst similarly situated land owners. It
was also noticed that the compensation in respect of
NC: 2023:KHC-K:9139-DB
irrigated lands has been enhanced to Rs.1,72,630/- per
acre and in respect of dry lands, it was enhanced to
Rs.1,15,085/- per acre. In that view of the matter, the
review petitions were allowed while restoring the
Miscellaneous First Appeals. In fact, it is brought to the
notice of this Court that after restoration,
M.F.A.No.11585/2005 has been disposed of by order dated
15.02.2019.
4. Of course, there being an inordinate delay of
3939 days in filing the review petition, as was directed in
such other review petitions, the appellant shall not be
entitled for payment of interest not only during the
delayed period of 3939 days in filing the review petition
but the appellant shall also not be entitled for interest
from the date of judgment and award passed in
M.F.A.No.602/2007 dated 10.04.2008 till date i.e.,
11.12.2023. Accordingly, I.A.No.1/2019 for condonation
of delay is allowed. Delay is condoned. In that view of the
matter, we are required to allow the review petition.
NC: 2023:KHC-K:9139-DB
5. Accordingly, the review petition is allowed with
costs. The judgment and award dated 10.04.2008 passed
in M.F.A.No.602/2007 is recalled. The appeal in
M.F.A.No.602/2007 is restored to its original file.
6. The appellant shall not be entitled for payment
of interest not only during the delayed period of 3939 days
in filing the review petition but the appellant shall also not
be entitled for interest from the date of judgment and
award dated 10.04.2008 passed in M.F.A.No.602/2007, till
date i.e., 11.12.2023.
7. List M.F.A.No.602/2007 on 19.12.2023.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
CT:VK
