The Deputy Chief Engineer vs Sri.Anandrao S/O Yamanoorappa Bonade
2024 Latest Caselaw 5280 Kant

Karnataka High Court

The Deputy Chief Engineer vs Sri.Anandrao S/O Yamanoorappa Bonade on 21 February, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

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                                           NC: 2024:KHC-D:4195
                                             RP No. 100097 of 2022




           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                 DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                  BEFORE

           THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

                  REVIEW PETITION NO. 100097 OF 2022 (-)

          BETWEEN:

          THE DEPUTY CHIEF ENGINEER
          CONSTRUCTIONS-III,
          SOUTH WESTERN RAILWAY,
          KESHWAPUR, HUBBALLI,
          NOW REP. BY DEPUTY CHIEF ENGINEER,
          CONSTRUCTION, SOUTH WESTERN RAILWAY,
          DAVANAGERE-577001.
                                                       ...PETITIONER
          (BY SRI. MALLIKARJUN S HIREMATH, ADVOCATE)

          AND:

          1.   SRI.ANANDRAO S/O YAMANOORAPPA BONADE
               AGE 66 YEARS,
               OCC AGRICULTURE,
SUJATA         R/O KANAKAGIRI-583283,
SUBHASH        TQ GANGAVATHI,
PAMMAR         DIST KOPPAL.

          2.   THE SPECIAL LAND ACQUISITION OFFICER
               MUNIRABAD-MEHABOOBNAGAR RAILWAY
               LINE CONSTRUCTION PROJECT,
               SINDHANUR-584128, DIST RAICHUR.

          3.  THE DEPUTY COMMISSIONER
              KOPPAL DISTRICT, D C OFFICE COMPOUND,
              KOPPAL-583231.
                                                   ...RESPONDENTS
          (BY SRI. V.S.KALASURMATH, HCGP FOR R2 AND R3;
          SRI. B. SHARANABASAVA FOR SRI SAJEED A J, ADVOCATES)
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                                            NC: 2024:KHC-D:4195
                                                 RP No. 100097 of 2022




     THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER XLVII RULE (1) OF CPC, PRAYING TO
REVIEW THE ORDER DATED 18.11.2020 PASSED IN M.F.A. NO.
100355/2016(LAC) (ANNEXURE A) AND MODIFY THE ORDER
OF AWARDING RS.2200/- PER SQ.FT. TO PLOTS BEARING NO.
24, 25 AND 26, MEASURING TOTALLY 1590 SQ. FT. SITUATED
AT GANGAVATHI, IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                  ORDER

The market value of the subject land was enhanced at Rs.2,220/- per sq. feet by relying on the decision of the co- ordinate Bench of this Court in MFA No.104542/2017 (DD 9.3.2020).

2. This petition is filed to review the order stating that the judgment passed in MFA No.104542/2017 has been reviewed, and the appeal has been restored, and therefore the market value determined by this Court in MFA CROB No.100127/2018 and connected appeals requires to be set aside.

3. The Division Bench of this Court in MFA No.101827/2014 and connected matter (DD 10.12.2019) determined the compensation at Rs.506/- per sq. feet after deducing 77% towards development charges in respect of agricultural land, which was acquired under the same notification. In the instant case, the subject properties are residential plots measuring 1590 sq. feet, and there is no question of deducting development charges, and therefore, the market value determined at the rate of Rs.2,200/- per sq. feet

NC: 2024:KHC-D:4195

is inconformity with the judgment passed by this Division Bench of this Court in MFA No.101827/2014. Accordingly, the petition stands dismissed.

Sd/-

JUDGE

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