Karnataka High Court
Sanna Sabanna S/O Dodda Sabanna And Ors vs The Chief Engineer And Ors on 15 April, 2024
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
MISCL SECOND APPEAL NO.200020 OF 2017 (LAC)
C/W
MISCL SECOND APPEAL NO.200014 OF 2017 (LAC)
MISCL SECOND APPEAL NO.200015 OF 2017(LAC)
MISCL SECOND APPEAL NO.200016 OF 2017(LAC)
MISCL SECOND APPEAL NO.200017 OF 2017 (LAC)
MISCL SECOND APPEAL NO.200018 OF 2017 (LAC)
MISCL SECOND APPEAL NO.200021 OF 2017(LAC)
IN MSA NO.200020/2017:
BETWEEN:
SMT.MALLAMMA W/O LATE NAGAMURTHY
AGE: 64 YEARS, OCC: AGRICULTURE,
Digitally signed R/O: BANHATTI, TQ: CHITTAPUR,
by RAMESH
MATHAPATI DIST: KALABURAGI.
Location: High
Court of ...APPELLANT
Karnataka
(BY SRI. NAGARAJ PATIL, ADVOCATE)
AND:
1. THE CHIEF ENGINEER
MI, VIJAYAPUR-586101.
2. THE EXECUTIVE ENGINEER
MINOR IRIGATION DIVISION,
KALABURAGI-585102.
3. THE S.L.A.O, MI, VIKAS, BHAVAN,
KALABURAGI-585102.
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
4. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
5. THE SECRETARY,
MINOR IRRIGATION DEPARTMENT
VIKAS SOUDHA, BANGALURU-560006.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG A/W
SRI. G.B. YADAV, HCGP )
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE
CIVIL JUDGE (SR.DN.), SEDAM, DATED: 06.10.2004 IN LAC
NO.103/2003, AND ALSO THE JUDGMENT AND AWARD OF III
ADDL. DISTRICT JUDGE, KALABURAGI, DATED: 27.08.2014 IN
LACA NO.120/2012, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF RS.1,15,750/- PER ACRE FOR DRY
LAND AND AWARD ALL STATUTORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPENSATION AMOUNT AND ETC.
IN MSA NO.200014/2017:-
BETWEEN:
NINGAPPA DEAD BY HIS LR.
BHIMARAYA S/O NINGAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: BANHATTI, TQ: CHITTAPUR,
DIST: KALABURAGI.
...APPELLANT
(BY SRI. NAGARAJ PATIL, ADVOCATE)
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
AND:
1. THE CHIEF ENGINEER
MI, VIJAYAPUR-586101.
2. THE EXECUTIVE ENGINEER
MINOR IRIGATION DIVISION,
KALABURAGI-585102.
3. THE S.L.A.O, MI, VIKAS, BHAVAN,
KALABURAGI-585102.
4. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
5. THE SECRETARY,
MINOR IRRIGATION DEPARTMENT
VIKAS SOUDHA, BANGALURU-560006.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG A/W
SRI. G.B. YADAV, HCGP)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE
CIVIL JUDGE (SR.DN.), SEDAM, DATED:22.09.2005 IN LAC
NO.33/2004, AND ALSO THE JUDGMENT AND AWARD OF III
ADDL. DISTRICT JUDGE, KALABURAGI, DATED: 27.08.2014 IN
LACA NO.107/2012, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF RS.1,15,750/- PER ACRE FOR DRY
LAND AND AWARD ALL STATUTORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPENSATION AMOUNT AND ETC.
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
IN MSA NO.200015/2017:-
BETWEEN:
CHAND PATEL (DECEASED BY HIS LR'S.
1. ABDUL PATEL S/O CHAND PATEL,
AGE: MAJOR, OCC: AGRICULTURE,
2. KHAJA PATEL S/O CHAND PATEL,
AGE: MAJOR, OCC: AGRICULTURE,
BOTH ARE R/O BANHATTI, TQ: CHITTAPUR,
DIST: KALABURAGI.
...APPELLANTS
(BY SRI. NAGARAJ PATIL, ADVOCATE)
AND:
1. THE CHIEF ENGINEER
MI, VIJAYAPUR-586101.
2. THE EXECUTIVE ENGINEER
MINOR IRIGATION DIVISION,
KALABURAGI-585102.
3. THE S.L.A.O, MI, VIKAS, BHAVAN,
KALABURAGI-585102.
4. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
5. THE SECRETARY,
MINOR IRRIGATION DEPARTMENT
VIKAS SOUDHA, BANGALURU-560006.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG A/W
SRI. G.B. YADAV, HCGP)
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE
CIVIL JUDGE (SR.DN.), SEDAM, DATED:22.09.2005 IN LAC
NO.34/2004, AND ALSO THE JUDGMENT AND AWARD OF III
ADDL. DISTRICT JUDGE, KALABURAGI, DATED: 27.08.2014 IN
LACA NO.108/2012, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF RS.1,15,750/- PER ACRE FOR DRY
LAND AND AWARD ALL STATUTORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPENSATION AMOUNT AND ETC.
IN MSA NO.200016/2017:-
BETWEEN:
HUSSAIN PATEL (DECEASED) BY HIS LR'S.
1. SAHEB PATEL S/O HUSSAIN PATEL,
AGE: MAJOR, OCC: AGRICULTURE,
2. BASSAPPA S/O SIDRAMAPPA
AGE: MAJOR, OCC: AGRICULTURE,
3. BHIMABAI W/O BASAPPA
AGE: MAJOR, OCC: AGRICULTURE,
ALL ARE R/O BANHATTI, TQ: CHITTAPUR,
DIST: KALABURAGI.
...APPELLANTS
(BY SRI. NAGARAJ PATIL, ADVOCATE)
AND:
1. THE CHIEF ENGINEER
MI, VIJAYAPUR-586101.
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
2. THE EXECUTIVE ENGINEER
MINOR IRIGATION DIVISION,
KALABURAGI-585102.
3. THE S.L.A.O, MI, VIKAS, BHAVAN,
KALABURAGI-585102.
4. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
5. THE SECRETARY, MINOR IRRIGATION DEPARTMENT
VIKAS SOUDHA, BANGALURU-560006.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG A/W
SRI. G.B. YADAV, HCGP)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE
CIVIL JUDGE (SR.DN.), SEDAM, DATED:22.09.2005 IN LAC
NO.42/2004, AND ALSO THE JUDGMENT AND AWARD OF III
ADDL. DISTRICT JUDGE, KALABURAGI, DATED: 27.08.2014 IN
LACA NO.109/2012, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF RS.1,15,750/- PER ACRE FOR DRY
LAND AND AWARD ALL STATUTORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPENSATION AMOUNT AND ETC.
IN MSA NO.200017/2017:-
BETWEEN:
BHIMANNA S/O BASALINGAPPA
AGE: MAJOR, OCC: AGRICULTURE,
R/O: BANHATTI, TQ: CHITTAPUR,
DIST: KALABURAGI.
...APPELLANT
(BY SRI. NAGARAJ PATIL, ADVOCATE)
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
AND:
1. THE CHIEF ENGINEER
MI, VIJAYAPUR-586101.
2. THE EXECUTIVE ENGINEER
MINOR IRIGATION DIVISION,
KALABURAGI-585102.
3. THE S.L.A.O, MI, VIKAS, BHAVAN,
KALABURAGI-585102.
4. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
5. THE SECRETARY,
MINOR IRRIGATION DEPARTMENT
VIKAS SOUDHA, BANGALURU-560006.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG A/W
SRI. G.B. YADAV, HCGP)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE
CIVIL JUDGE (SR.DN.), SEDAM, DATED:22.09.2005 IN LAC
NO.59/2004, AND ALSO THE JUDGMENT AND AWARD OF III
ADDL. DISTRICT JUDGE, KALABURAGI, DATED: 27.08.2014 IN
LACA NO.110/2012, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF RS.1,15,750/- PER ACRE FOR DRY
LAND AND AWARD ALL STATUTORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPENSATION AMOUNT AND ETC.
-8-
NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
IN MSA NO.200018/2017:
BETWEEN:
SANNA SABANNA S/O DODDA SABANNA
DEAD BY LR'S.
1. SMT. NELAMMA W/O SANNA SABANNA,
AGE: 59 YEARS,
2. SABANNA S/O LATE. SABANNA
AGE: 29 YEARS,
3. SANGEETA W/O SAGANNA
AGE: 26 YEARS,
ALL ARE R/O BANHATTI, TQ: CHITTAPUR,
DIST: KALABURAGI.
...APPELLANTS
(BY SRI. NAGARAJ PATIL, ADVOCATE)
AND:
1. THE CHIEF ENGINEER
MI, BIJAPUR.
2. THE EXECUTIVE ENGINEER
MINOR IRIGATION DIVISION,
KALABURAGI-585102.
3. THE S.L.A.O, MI, VIKAS, BHAVAN,
KALABURAGI-585102.
4. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
5. THE SECRETARY,
MINOR IRRIGATION DEPARTMENT
VIKAS SOUDHA, BANGALURU-560006.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG A/W
SRI. G.B. YADAV, HCGP)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE
CIVIL JUDGE (SR.DN.), SEDAM, DATED: 06.10.2004 IN LAC
NO.39/2004, AND ALSO THE JUDGMENT AND AWARD OF III
ADDL. DISTRICT JUDGE, KALABURAGI, DATED: 17.12.2014 IN
LACA NO.112/2012, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF RS.1,15,750/- PER ACRE FOR DRY
LAND AND AWARD ALL STATUTORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPENSATION AMOUNT AND ETC.
IN MSA NO.200021/2017:-
BETWEEN:
SMT. MUNEERA BEGUM
W/O ZAHEER HUSSAIN
AGE: 60 YEARS,
OCC: AGRICULTURE,
R/O: BANHATTI, TQ: CHITTAPUR,
DIST: KALABURAGI.
...APPELLANT
(BY SRI. NAGARAJ PATIL, ADVOCATE)
AND:
1. THE CHIEF ENGINEER
MI, BIJAPUR-586101.
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
2. THE EXECUTIVE ENGINEER
MINOR IRIGATION DIVISION,
KALABURAGI-585102.
3. THE S.L.A.O, MI, VIKAS, BHAVAN,
GULBARGA-585102.
4. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
5. THE SECRETARY,
MINOR IRRIGATION DEPARTMENT
VIKAS SOUDHA,
BANGALURU-500006.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG A/W
SRI. G.B. YADAV, HCGP)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD OF THE
CIVIL JUDGE (SR.DN.), SEDAM, DATED: 25.02.2008 IN LAC
NO.58/2004, AND ALSO THE JUDGMENT AND AWARD OF III
ADDL. DISTRICT JUDGE, KALABURAGI, DATED: 27.08.2014 IN
LACA NO.184/2011, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF RS.1,15,750/- PER ACRE FOR DRY
LAND AND AWARD ALL STATUTORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPENSATION AMOUNT AND ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:2980
MSA No. 200020 of 2017
C/W MSA No. 200014 of 2017
MSA No. 200015 of 2017
MSA No. 200016 of 2017
MSA No. 200017 of 2017
MSA No. 200018 of 2017
MSA No. 200021 of 2017
JUDGMENT
The appellants in these appeals are the claimants in LAC
Nos.103/2003, 33/2004, 34/2004, 42/2004, 59/2004, 39/2004
and 58/2004 on the file of Civil Judge (Sr.Dn.), Sedam (for
brevity hereinafter referred to as "Reference Court"). The
Reference Court, on 06.10.2004 has awarded compensation of
Rs.43,000/- per acre for dry land with all statutory benefits.
Being aggrieved by this common judgment and award passed
by the Reference Court, the appellants have preferred appeals
before the III Additional District Judge at Gulbarga (for brevity
hereinafter referred to as "First Appellate Court") in LACA
Nos.120/2012, 107/2012, 108/2012, 109/2012, 110/2012,
112/2012 and 184/2012. The First Appellate Court has awarded
compensation of Rs.72,000/- per acre with all statutory
benefits as against Rs.43,000/- per acre awarded by the
Reference Court. Being aggrieved by the judgment and award
passed by the First Appellate Court, the appellants have
preferred these second appeals for enhancement of
compensation.
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2. For easy reference, the details regarding the lands
acquired, concerned reference case and appeals are mentioned
as under:
Amount awarded
Exten
per acre (Rs.)
t in 4(1)
Sl. LACA LAC Sy. First
MSA No. Acre Notifi-
No. No. No. No. Ref. Appe-
& cation SLAO
Court llate
Gunta
Court
1. 200020/ 120/ 103/ 43 08-15 12.9.1996 10,000 43,000 72,000
2017 2012 2003
2. 200014/ 107/ 33/ 26/3 00-17 12.9.1996 10,000 43,000 72,000
2017 2012 2004 and And
26/2 02-15
3. 200015/ 108/ 34/ 44/2 04-21 12.9.1996 10,000 43,000 72,000
2017 2012 2004
4. 200016/ 109/ 42/ 25/2 01-28 12.9.1996 10,000 43,000 72,000
2017 2012 2004
5. 200017/ 110/ 59/ 43 02-02 12.9.1996 10,000 43,000 72,000
2017 2012 2004
6. 200018/ 112/ 39/ 26/1 01-27 12.9.1996 10,000 43,000 72,000
2017 2012 2004
7. 200021/ 184/ 58/ 41/2 02-28 12.9.1996 10,000 43,000 72,000
2017 2012 2004
3. The learned counsel for the appellants submits that
this Court has passed awarded compensation of Rs.3,05,434/-
per acre in MSA No.200031/2017 and other connected matters
vide order dated 21.03.2024, for the lands acquired by 4(1)
notification dated 15.05.1997. The lands in question are
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NC: 2024:KHC-K:2980
acquired under the notification dated 12.09.1996, within a gap
of 8 months 3 days between two notifications. The Special Land
Acquisition Officer has determined the market value for the
lands situate at Banahatii village, which are acquired under the
notifications dated 1996, 1997 and 1999 at Rs.10,000/- per
acre. The lands of the appellants herein also situate in
Banahatti village. The Reference Court has awarded
compensation of Rs.43,000/- per acre with all statutory
benefits. The First Appellate Court has passed an award by
enhancing the compensation to Rs.72,000/- per are as against
Rs.43,000/- awarded by the Reference Court. This Court, in
MSA No.200031/2017 and other connected matters stated
supra, has awarded compensation of Rs.3,05,434/- per acre.
Hence, on the ground of parity he seeks for enhancement of
compensation.
4. On the other hand, learned Additional Advocate
General Smt. Archana P. Tiwari appearing along with Sri
Gopalakrishna B. Yadav, learned High Court Government
Pleader for the respondents, fairly submitted that the
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NC: 2024:KHC-K:2980
respondents have no objection to award the compensation as
per the judgment and award dated 27.03.2024 passed in MSA
No.200031/2017 and other connected matters, as the
Government has already taken a decision to satisfy the award
passed in the above said LAC Appeals and also not to prefer
appeals against the said judgment and award. Learned AAG
further submits that since there is gap of 8 month 3 days
between the two notifications and the lands involved in MSA
No.200031/2017 and other connected matters and hence one
year de-escalation has to be made to the compensation
amount.
5. Heard the learned counsel for the parties. This Court
in MSA No.200031/2017 and other connected matters at
paragraph No.5 of the judgment has observed as under;
"5. Upon hearing the learned counsel for the
parties and on perusal of the judgment and award
dated 21st December, 2019 passed in LACAs No.501
to 506 of 2019 by the IV Additional District Judge,
Gulbarga itinerary at Chittapur, it is seen that the
First Appellate Court awarded compensation of
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NC: 2024:KHC-K:2980
Rs.3,05,434/- per acre as against Rs.43,000/-
awarded by the Reference Court, with all statutory
benefits. Copy of the Government Order vide
No.¸À¤ÃE 103 ¨sÀƸÁé¥Àæ 2021, Bengaluru dated
12.10.2021 reveals that the Government of
Karnataka has taken a decision to satisfy the award
dated 21st December, 2019 passed by the First
Appellate Court in LACAs No.501 to 506 of 2019.
Though the lands in these appeals and the lands
involved in LACAs No.501 to 506 of 2019 are
acquired by the respondents in a gap of two years,
the Special Land Acquisition Officer awarded
compensation at Rs.10,000/- per acre situated at
Banahatti village. The lands of the appellants herein
also situate in Banahatti village. The Reference
Court has awarded compensation of Rs.43,000/- per
are with all statutory benefits. The First Appellate
Court has passed an award by enhancing the
compensation to Rs.3,05,434/- per are as against
Rs.43,000/- awarded by the Reference Court."
6. Keeping in mind the observations made by this Court
and the award passed by the SLAO, Reference Court and also
by this Court, I am of the considered opinion that it is just and
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appropriate to award the same compensation of Rs.3,05,434/-
per acre with all statutory benefits as against Rs.72,000/- per
acre awarded by the First Appellate Court. Accordingly, I
proceed to pass the following:
ORDER
(a) Appeals are allowed in part with proportionate
costs;
(b) Appellants are entitled for compensation at
Rs.3,05,434/- per acre with all statutory
benefits in respect of their lands as shown in
the statement at paragraph No.2 of this
Judgment;
(c) It is made clear that the appellants are not
entitled for interest for the delayed period as
per the order of this Court;
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(d) Appellants are directed to pay deficit court fee
and file fresh valuation slip within eight weeks
from today;
(e) Registry to draw separate award accordingly.
Sd/-
JUDGE
msr
CT: VD
