Karnataka High Court
Ayyappa And Anr vs Special Land on 11 December, 2023
Author: R.Devdas
Bench: R.Devdas
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NC: 2023:KHC-K:9143-DB
RP No. 200011 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.200011 OF 2019
IN
M.F.A.NO.7443 OF 2006 (LAC)
BETWEEN:
AYYAPPA S/O SIDDAYYA
DECEASED BY LRS.
1. SMT. NEELAMMA W/O SIDDAYYA
AGE: 82 YEARS, OCC: HOUSEHOLD
R/O CHENNUR, TQ.CHINCHOLI
DIST. KALABURAGI
Digitally signed by 2. SIDDAYYA S/O AYYAPPA
VARSHA N
RASALKAR AGE: 47 YEARS, OCC: AGRICULTURE
Location: High Court R/O CHENNUR, TQ.CHINCHOLI
Of Karnataka
DIST. KALABURAGI.
...REVIEW PETITIONERS
(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
SPECIAL LAND ACQUISITION OFFICER
MAJOR AND MINOR IRRIGATION PROJECT
KALABURAGI-585 102.
...RESPONDENT
(BY SRI. MALLIKARJUN C. BASAREDDY, GOVT.ADVOCATE)
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RP No. 200011 of 2019
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW
THE JUDGMENT AND AWARD OF THIS HON'BLE COURT IN
M.F.A.NO.7443 OF 2006 DATED 04.08.2008 AND
CONSEQUENTLY AWARD OF RS.1,15,086/- PER ACRE FOR DRY
LAND WITH ALL STATUTORY BENEFITS AND COST, IN THE
INTEREST OF JUSTICE AND EQUITY.
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. Accepting the reasons stated in the affidavit
filed in support of the application, I.A.No.2/2019 filed for
prosecuting the petition is allowed.
3. This review petition has been filed by the legal
representatives of appellant in M.F.A.No.7443/2006 which
was disposed of on 04.08.2008 based on a judgment and
award passed in M.F.A.No.7498/2006.
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4. Learned Counsel for the petitioners 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 petitioners 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
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.
5. Of course, there being an inordinate delay of
3823 days in filing the review petition, as was directed in
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such other review petitions, the review petitioners shall not
be entitled for payment of interest not only during the
delayed period of 3823 days in filing the review petition but
the petitioners shall also not be entitled for interest from
the date of judgment and award passed in M.F.A.No.
7443/2006 dated 04.08.2008 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.
6. Accordingly, the review petition is allowed with
costs. The judgment and award dated 04.08.2008 passed
in M.F.A.No.7443/2006 is recalled. The appeal in
M.F.A.No.7443/2006 is restored to its original file.
7. The review petitioners shall not be entitled for
payment of interest not only during the delayed period of
3823 days in filing the review petition but the petitioners
shall also not be entitled for interest from the date of
judgment and award dated 04.08.2008 passed in
M.F.A.No.7443/2006, till date i.e., 11.12.2023.
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8. List M.F.A.No.7443/2006 on 19.12.2023.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
CT:VK
