Karnataka High Court
Jaishankar vs The Special Land Acquisition Officer on 4 December, 2023
Author: R.Devdas
Bench: R.Devdas
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RP No. 200037 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE C M JOSHI
REVIEW PETITION NO.200037 OF 2023
IN
M.F.A.NO.9495 OF 2006
BETWEEN:
JAISHANKAR S/O RAMSHETTY
ADOPTED SON OF BASALINGAPPA,
AGE: 69 YEARS, OCC: AGRICULTURE,
R/O. KODLI, TQ. CHINCHOLI,
DIST. KALABURAGI - 585 102.
...REVIEW PETITIONER
(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
Digitally signed THE SPECIAL LAND ACQUISITION OFFICER
by VARSHA N
RASALKAR MAJOR AND MINOR IRRIGATION PROJECT,
Location: HIGH
COURT OF KALABURAGI-585102.
KARNATAKA ...RESPONDENT
(BY SRI. MALLIKARJUN C. BASAREDDY, GA)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER 47 RULE 1 OF CPC, PRAYING THIS HON'BLE
COURT TO REVIEW THE JUDGMENT DATED:26.05.2010 AND
AWARD OF THIS HON'BLE COURT IN MFA NO.9495 OF 2006
AND CONSEQUENTLY AWARD OF RS.1,72,630/- PER ACRE IN
RESPECT OF IRRIGATED LAND AND RS.1,15,086/- PER ACRE
PER DRY LAND WITH ALL STATUTORY BENEFITS AND COST, IN
THE INTEREST OF JUSTICE AND EQUITY.
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RP No. 200037 of 2023
THIS REVIEW PETITION, COMING ON ORDERS, THIS
DAY, R.DEVDAS J., MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
This review petition has been filed by the appellant in
M.F.A.No.9495/2006 which was disposed of on 26.05.2010
based on a judgment and award passed in
M.F.A.No.7498/2006. We have to notice the fact that
Smt.Kamala Bai was the appellant and this review petition
is filed by Sri.Jaishankar, who claims to be the adopted
son of Basalingappa and the brother of Smt.Kamala Bai.
In this regard, office objections were also raised and we
have considered the issue in our order dated 09.11.2023
while granting leave to the review petitioner to prosecute
the review petition while overruling the office objections.
2. 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
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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 have 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 M.F.As. 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
3964 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 3964 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.9495/2006 dated 26.05.2010 till date i.e.,
04.12.2023. Accordingly, I.A.No.2/2023 for condonation
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of delay is allowed. In that view of the matter, we are
required to allow the review petition.
4. Accordingly, the review petition is allowed while
recalling the judgment and award dated 26.05.2010
passed in M.A.No.9495/2006. The appeal in
M.F.A.No.9495/2006 is restored to its original file.
5. The appellant shall not be entitled for payment of
interest not only during the delayed period of 3964 days in
filing the review petition but the appellant shall also not
entitle for interest from the date of judgment and award
dated 26.05.2010 passed in M.F.A.No.9495/2006, till date
i.e., 04.12.2023.
6. List M.F.A.No.9495/2006 on 11.12.2023.
Sd/-
JUDGE
Sd/-
JUDGE
DL
