Karnataka High Court
Smt. Basamma Dead vs M V Shankaraiah on 20 December, 2023
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NC: 2023:KHC:46762
MSA No. 99 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
MISCELLANEOUS SECOND APPEAL NO. 99 OF 2013 (LA)
BETWEEN:
1. SMT. G.K. BASAMMA
DEAD
APPELLANT NO.2 IS TREATED AS LR'S
OF DECEASED APPELLANT NO.1
AS PER ORDER DATED 13.09.2019
2. V. RUDRESH
S/O LATE R. VEERABHADRAIAH
AGED ABOUT 52 YEARS
RESIDENT OF HOSPITAL ROAD,
HIRIYUR,
CHITRADURGA DIST.-577598.
3. V. MAMATHA
DEAD
APPELLANT NO.2 IS TREATED AS
LR'S OF DECEASED APPELLANT NO.3
Digitally AS PER ORDER DATED 13.09.2019
signed by
SUMA ...APPELLANTS
Location: (BY SRI. B.M. SIDDAPPA, ADVOCATE FOR APPELLANT NO.2;
HIGH
COURT OF VIDE ORDER DATED 13.09.2019 APPELLANT NO.2 IS LEGAL
KARNATAKA
REPRESENTATIVE OF DECEASED APPELLANT NOS.1 AND 3)
AND:
1. M.V. SHANKARAIAH
S/O VEERABADRAIAH
AGED ABOUT 65 YEARS
R/O SECURITY WORKER
VYSYA CO-OPERATIVE BANK LTD.,
TUMKUR-572 101
2. M.V. RAJASHEKARAIAH
SINCE DECEASED BY HIS LR
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MSA No. 99 of 2013
SMT. SUSHEELAMMA
AGED ABOUT 75 YEARS
R/O K.E.B. COLONY,
HIRIYUR-577598
CHITRADURGA DISTRICT.
3. M.V. CHANDRASHEKARAIAH
S/O LATE VEERABHADRAIAH,
AGED ABOUT 70 YEARS
R/O MAYAKALURHALLI VILLAGE
HIRIYUR TALUK-577578
CHITRADURGA-DISTRICT.
4. M.C. RAJENDRAIAH
SINCE DECEASED BY HIS LR'S
SMT. SOUBHAGYAMMA
W/O M.C. RAJENDRAIAH
R/O MYAKALURHALLI VILLAGE,
HIRIYUR TALUK-577598
CHITRADURGA DISTRICT.
5. SMT. RADHAMMA
DEAD BY HER LR'S
5(a) M.A.SETHURAM
S/O M.H.ANJANAPPA
AGED ABOUT 75 YEARS,
R/O INDU NILAYA,
BANK COLONY, AMOGHA LAYOUT,
CHITRADURGA-577501.
5(b) A. GANESH
S/O M.H.ANJANAPPA,
AGED ABOUT 64 YEARS,
R/O NO.367, PUSHKALA NILAYA,
MALLAPPA ROAD, SIRA GATE,
TUDA LAYOUT,
TUMKUR-572106.
6. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
BOARD NO.14/3,
2ND FLOOR,
RASHTROTHANA PARISHATH BUILDING,
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MSA No. 99 of 2013
NRUPATHUNGA ROAD,
BANGALORE-560 001.
7. SPECIAL LAND ACQUISITION OFFICER
(BANGALORE REGION)
V.I.T.C. BUILDING,
1ST FLOOR,
NEAR VISHVESHWARAIAH MUSEUM,
KASTURBA ROAD,
BANGALORE-560 001.
...RESPONDENTS
(BY SRI. B.B.SAGAR, ADVOCATE FOR SRI. SATISH M. DODDAMANI,
ADVOCATE FOR RESPONDENT NOS.1, 2(a) AND 3;
SRI. SAGAR B.B., ADVOCATE FOR RESPONDENT NOS.5(a) AND 5(b);
SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR RESPONDENT NOS.6
AND 7)
THIS MSA IS FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
20.09.2013 PASSED IN M.A.(LAC).02/2013 ON THE FILE OF THE PRL.
DISTRICT AND SESSIONS JUDGE, CHITRADURGA, ALLOWING THE
APPEAL MODIFIED THE JUDGMENT AND AWARD DATED 31.10.2007
PASSED IN LAC.08/2006 ON THE FILE OF THE CIVIL JUDGE (SR.
DN.) HIRIYUR, ENTITLING THE SECOND CLAIMANT TO BE THE
COMPENSATION AMOUNT AWARDED AND DEPOSITED BY THE
SPECIAL LAND ACQUISITION OFFICER.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants have challenged the judgment and award
dated 20.09.2013 passed by the Principal District and Sessions
Judge, Chitradurga in M.A.(LAC) No.2/2013 by which, the
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judgment and award dated 31.10.2007 passed by the Civil
Judge (Sr. Dvn.), Hiriyur in LAC No.8/2006 was modified.
2. When this appeal was taken up for final hearing,
the parties have filed a joint memo, which reads as follows:-
"The Appellant No.2 and Respondent No.5(a)
and 5(b) mutually agreed to receive the
compensation amount awarded in LAC No.8/2006
and deposited before the learned Civil Judge (Sr.
Dn.) Hiriyur as under:
The appellant No.2 agreed to receive 65% of
the compensation amount awarded with accrued
interest thereon and Respondent No.5(a) and 5(b)
agreed to receive 35% of the compensation amount
with accrued interest thereon. The both the
appellant No.2 and Respondent No.5(a) and 5(b)
agreed to receive the amount in deposit in above
said proportion. It is respectfully submitted that
Respondent No.5(b) has no objection for
Respondent No.5(a) receiving the entire 35% of the
compensation amount.
It is respectfully prayed that this Hon'ble Court
may kindly be please to dispose of the top noted
appeal by granting 65% of the compensation
amount with accrued interest thereon to the
appellant No.2 deposited in LAC.8/2006 before the
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Civil Judge (Sr. Dn) Hiriyur and 35% to Respondent
No.5(a) and 5(b) by modifying the Judgment and
award passed in MA(LAC).2/2013 dated 20.09.2013
by the learned Principal District and Sessions Judge
and MACT-I at Chitradurga in the interest of justice
and equity.
Therefore the appellant No.2 and Respondent
No.5(a) and 5(b) prays that this Hon'ble Court may
kindly be please to direct the learned Civil Judge
(Sr. Dv) Hiriyur, to release the amount in deposit in
LAC.8/2006 in the above said proportion to the
appellant No.2 and Respondent No.5(a) and 5(b) in
the interest of justice and equity."
3. The terms of the joint memo is perused and the
same being just and proper, are accepted. As a result of the
settlement, appellant No.2 shall be entitled to receive 65% of
the compensation amount along with other statutory benefits
and interest, while respondent Nos.5(a) and 5(b) shall be
entitled to 35% of the compensation amount along with
statutory benefit and interest. If there is any dispute between
respondent Nos.5(a) and 5(b) and any of their siblings, they
shall work it out amongst themselves only in respect of 35% of
the compensation.
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4. In token of acceptance of terms of the joint memo,
appellant No.2 and respondent Nos.5(a) and 5(b) and their
respective counsel have signed the order sheet of this Court.
5. This appeal is therefore disposed off in terms of the
joint memo. Consequently, the judgment and award dated
20.09.2013 passed by the Principal District and Sessions Judge,
Chitradurga in M.A.(LAC) No.2/2013 as well as the order dated
31.10.2007 passed by the Civil Judge (Sr. Dn.), Hiriyur in LAC
No.8/2006 are modified in terms of the joint memo.
6. The Court fee paid by the appellants is ordered to
be refunded to appellant No.2 in accordance with law.
7. In view of the disposal of the appeal, pending I.As.,
if any, do not survive for consideration and the same stand
rejected.
Sd/-
JUDGE
PMR
