The Deputy Chief Engineer ... vs Sri N P Veerabhadrappa
2023 Latest Caselaw 9188 Kant

Karnataka High Court

The Deputy Chief Engineer ... vs Sri N P Veerabhadrappa on 4 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                          NC: 2023:KHC:43613
                                                       MFA No. 9809 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 9809 OF 2017 (LAC)
                   BETWEEN:

                   THE DEPUTY CHIEF ENGINEER
                   (CONSTRUCTIONS)
                   SOUTH WESTREN RAILWAY
                   # 18, MILLERS ROAD
                   BENGLAURU-560001.
                                                                 ...APPELLANT
                   (BY SRI.ABHINAY Y.T., ADVOCATE)

                   AND:

                   1.    SRI N P VEERABHADRAPPA
                         S/O. PUTTAPPA
                         AGED ABOUT 66 YEARS
                         R/AT ARASIKERE
                         ARSIKERE TALUK
Digitally signed         HASSAN DISTRICT
by
DHANALAKSHMI             KARNATAKA-573103.
MURTHY
Location: High
Court of           2.    THE SPECIAL LAND ACUISITION OFFICER
Karnataka                HRP-2, HASSAN
                         KARNATAKA 573201
                                                               ...RESPONDENTS
                   (BY SRI.G.V.NARASIMHA MURTHY., ADVOCATE FOR R1:
                   SMT. M.V. ADITHI, AGA. FOR R2)


                          THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND

                   ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE
                              -2-
                                         NC: 2023:KHC:43613
                                       MFA No. 9809 of 2017




DATED:28.11.2014 PASSED ON LAC NO.7/2011 ON THE FILE

OF THE SENIOR CIVIL JUDGE AND JMFC, ARSIKERE, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION.


        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

1. The learned counsel for both the parties in unison

submits that the appellant herein had filed similar appeals

i.e., MFA Nos.9808/2017, 6518/2018, 9810/2017,

7918/2016, 9813/2017 and 9814/2017 before this Court

challenging the very same judgment and award dated

28.11.2014 passed by the Senior Civil Judge and JMFC,

Arsikere in respective Land Acquisition Cases. The Division

Bench of this Court by order dated 18.11.2023 has

dismissed the said appeals and confirmed the judgment

and award dated 28.11.2014 passed by the LAC Court.

2. The appellant has filed this appeal challenging the

very same judgment and award dated 28.11.2014 passed

NC: 2023:KHC:43613

by the Senior Civil Judge and JMFC, Arsikere in LAC

No.7/2011.

3. Therefore, in view of the order passed by the Division

Bench of this Court on 18.11.2023, the present appeal is

dismissed.

All pending applications, if any, shall stand disposed

of.

Sd/-

JUDGE

DM