Karnataka High Court
The State Of Karnataka vs Smt. Angeline Tauro on 6 July, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:23273
MFA No. 4838 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.4838 OF 2017 (LAC)
BETWEEN:
1. THE STATE OF KARNATAKA,
BY PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT
M.S. BUILDING, BENGALURU-560 001.
2. THE STATE OF KARNATAKA,
BY PRINCIPAL SECRETARY TO GOVERNMENT,
INFRASTRUCTURE DEPARTMENT,
VIKASA SOUDHA, BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER,
D.K. DISTRICT,
MANGALURU-575 001.
4. THE LAND ACQUISITION OFFICER AND
Digitally signed
by SHARANYA T ASSISTANT COMMISSIONER,
Location: HIGH MANGALORE SUB-DIVISION,
COURT OF MANGALORE-575 001.
KARNATAKA
...APPELLANTS
(BY SMT. LEENA C. SHIVAPURMATH, HCGP)
AND:
1. SMT. ANGELINE TAURO,
WIFE OF LATE ROBERT TAURO,
R/AT MALDIGUNDI HOUSE,
ADYAPADI VILLAGE AND POST
MANGALORE -574142.
2. AIRPORT AUTHORITY OF INDIA,
HAVING ITS OFFICE AT
-2-
NC: 2023:KHC:23273
MFA No. 4838 of 2017
MANGALORE AT BAJPE,
MANGALORE -574142.
...RESPONDENTS
(BY SRI RAKESH KINI, ADVOCATE FOR R1,
SRI RAYAPPA Y. HADAGALI, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 29.04.2014 PASSED IN LAC NO.25/2006 ON THE FILE
OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND
MANGALORE, D.K, PARTLY ALLOWING THE REFERENCE MADE
BY THE LAND ACQUISITION OFFICER FOR COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This matter is listed for hearing to consider
I.A.No.1/2017, where there is a delay of 1058 days in filing
the appeal.
2. The learned counsel for the respondents relied
upon the Division Bench decision of this Court passed in
M.F.A.No.3526/2016 c/w. M.F.A.No.3527/2016 dated
11.04.2017, wherein also challenge was made by the
Government questioning the award in respect of the
properties which were acquired for the purpose and benefit
of second runway and terminal building complex of
Mangalore Airport. The preliminary notification was issued
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MFA No. 4838 of 2017
on 17.08.1989 and the award was passed on 24.02.1992,
wherein the Special Land Acquisition Officer fixed the
market value of Rs.30,000/- per acre. The Reference Court
raised it to Rs.8,000/- per cent.
3. In the case on hand also, it is Rs.8,000/- per
cent and the same is considered by the Reference Court.
Being aggrieved by the said order, the present appeal is
filed and there is a delay of 1058 days in filing the appeal
and the delay is not properly explained. The acquisition in
respect of this case was made in the year 2005 i.e., on
03.05.2005 and the award was passed on 16.01.2006 and
the land is acquired for the purpose and benefit of second
runway and terminal building complex of Mangalore
Airport. In the preliminary notification issued on
17.08.1989 and the award passed on 24.02.1992, this
Court accepted the fixing of the rate of Rs.8,000/- per cent
by the Reference Court in other similar cases. Hence, I do
not find any ground to condone the delay which is not
properly explained.
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MFA No. 4838 of 2017
4. The learned High Court Government Pleader also
not disputes the order passed by the Division Bench of this
Court, wherein also the acquisition is made for the purpose
and benefit of second runway and terminal building
complex of Mangalore Airport and similar issue has already
been dealt with by the Division Bench and hence, no merit
in the appeal.
5. In view of the discussions made above, I pass
the following:
ORDER
The appeal is dismissed.
Sd/-
JUDGE
MD
