Karnataka High Court
Sharanabasayya S/O Neelayya And Ors vs The Special Land Acquisition Officer on 11 December, 2023
Author: R.Devdas
Bench: R.Devdas
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RP No. 200061 of 2021
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. 200061 OF 2021
IN
M.F.A.NO.7887 OF 2004 (LAC)
BETWEEN:
1. SHARANABASAYYA S/O NEELAYYA
AGE: 42 YEARS, OCC: AGRICULTURE
R/O CHENNUR, TQ. CHINCHOLI
DIST. KALABURAGI.
2. SHARANAMMA W/O NEELAYYA
AGE: 61 YEARS, OCC: HOUSEHOLD
R/O CHENNUR, TQ. CHINCHOLI
DIST. KALABURAGI.
Digitally signed by
VARSHA N
RASALKAR 3. PARWATI W/O NEELAYYA
Location: High Court AGE: 76 YEARS, OCC: HOUSEHOLD
Of Karnataka
R/O CHENNUR, TQ. CHINCHOLI
DIST. KALABURAGI.
...REVIEW PETITIONERS
(BY SRI.HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
THE SPECIAL LAND ACQUISITION OFFICER
MAJOR AND MIP PROJECT,
KALABURAGI - 585 102.
...RESPONDENT
(BY SRI.MALLIKARJUN C. BASAREDDY, GOVT. ADVOCATE)
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RP No. 200061 of 2021
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WTH ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW
THE JUDGMENT AND AWARD OF THIS HON'BLE COURT IN
M.F.A.NO.7887 OF 2004 AND CONSEQUENTLY AWARD OF
RS.64,000/- PER ACRE IN RESPECT OF IRRIGATED 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):
This review petition has been filed by the appellants
in M.F.A.No.7887/2004 which was disposed of on
18.08.2008 based on a judgment and award passed in
M.F.A.No.7498/2006.
2. 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
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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.
3. Of course, there being an inordinate delay of
4206 days in filing the review petition, as was directed in
such other review petitions, the review petitioners shall
not be entitled for payment of interest not only during the
delayed period of 4206 days in filing the review petition
but the appellants shall also not be entitled for interest
from the date of judgment and award passed in M.F.A.No.
7887/2004 dated 18.08.2008 till date i.e., 11.12.2023.
Accordingly, I.A.No.1/2021 for condonation of delay is
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allowed. Delay is condoned. In that view of the matter, we
are required to allow the review petition.
4. Accordingly, the review petition is allowed with
costs. The judgment and award dated 18.08.2008 passed
in M.F.A.No.7887/2004 is recalled. The appeal in
M.F.A.No.7887/2004 is restored to its original file.
5. The appellants shall not be entitled for
payment of interest not only during the delayed period of
4206 days in filing the review petition but the appellants
shall also not be entitled for interest from the date of
judgment and award dated 18.08.2008 passed in
M.F.A.No.7887/2004, till date i.e., 11.12.2023.
6. List M.F.A.No.7887/2004 on 19.12.2023.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
CT:VK
