Karnataka High Court
Revanasiddappa Veerabhadrappa And Ors vs The Special Land Acquisition Officer on 19 December, 2023
Author: R.Devdas
Bench: R.Devdas
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RP No. 200006 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE C M JOSHI
REVIEW PETITION NO. 200006 OF 2020
IN
MFA No.7886/2004
BETWEEN:
1. REVANASIDDAPPA VEERABHADRAPPA,
AGE: 62 YEARS MAJOR,
OCC: AGRICULTURE,
R/O CHENNUR, TQ: CHINCHOLI,
DIST: KALABURAGI.
2. SANGAMMA W/O MURALIDHAR RAO,
DECEASED BY LRS
Digitally signed by 2(A) SMT. DEVAKI W/O HANMANTHRAO,
SOMANATH
PENTAPPA MITTE AGE: 54 YEARS, OCC: HOUSEHOLD,
Location: HIGH
COURT OF
KARNATAKA 2(B) SMT. CHANDRABHAGA @ CHANDRAKALA
W/O RAJASHEKHAR PATIL,
AGE: 46 YEARS, OCC: HOUSEHOLD,
BOTH R/O CHENNUR, TQ: CHINCHOLI,
DIST: KALABURAGI.
PRESENETLY R/O H.NO.10-934-18,
MAHALAXMI LAYOUT, BRAHAMPUR,
KALABURAGI-585103.
...PETITIONERS
(BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE)
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RP No. 200006 of 2020
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
MAJOR AND MIP, PROJECT,
KALABURAGI-585102.
...RESPONDENT
(BY SRI.MALLIKARJUN C BASAREDDY, GOVT. ADVOCATE)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W 47 R.1 OF CPC, PRAYING TO REVIEW THE JUDGMENT AND
AWARD OF THIS HON'BLE COURT IN MFA NO.7886 OF 2004
AND CONSEQUENTLY AWARD OF RS.1,15,086/- 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 ADMISSION, 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.7886/2004 which was disposed of on
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27.08.2008 based on a judgment and award passed in
M.F.A.No.602/1997.
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
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.
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4. Of course, there being an inordinate delay of
4201 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 4201 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.7886/2004 dated 27.08.2008 till date i.e.,
19.12.2023. Accordingly, I.A.No.2/2021 for condonation
of delay is allowed. Delay is condoned. In that view of the
matter, we are required to allow the review petition.
5. Accordingly, the review petition is allowed with
costs. The judgment and award dated 27.08.2008 passed
in M.F.A.No.7886/2004 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 4201 days
in filing the review petition but the appellant shall also not
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be entitled for interest from the date of judgment and
award dated 27.08.2008 passed in M.F.A.No.7886/2004,
till date i.e., 19.12.2023.
7. List M.F.A.No.7886/2004 on 05.01.2024.
Sd/-
JUDGE
Sd/-
JUDGE
msr
