Citation : 2024 Latest Caselaw 18881 Kant
Judgement Date : 29 July, 2024
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NC: 2024:KHC:29981
MSA No. 70 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL No.70 OF 2017 (LA)
BETWEEN:
SRI. PUTTEGOWDA,
S/O MUDDEGOWDA,
AGED ABOUT 57 YEARS,
R/O ATTUPPE VILLAGE,
BOOKANAKERE HOBLI, K.R. PET TALUK,
MANDYA DISTRICT - 571 476.
...APPELLANT
(BY SRI. P. MAHESHA, ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER,
NAGAMANGALA TALUK,
Digitally MANDYA DISTRICT - 571 432.
signed by
MALATESH
KC 2. THE EXECUTIVE ENGINEER,
Location: NO. 3, SUB DIVISION,
HIGH
COURT OF H.L.B.C, K.R. PET - 571 426.
KARNATAKA
3. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING, BANGALORE - 560 001.
4. THE DEPUTY COMMISSIONER,
MANDYA DISTRICT, MANDYA - 571 401.
...RESPONDENTS
(BY SRI. T.P. MALIPATIL, AGA FOR R1 TO R4)
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NC: 2024:KHC:29981
MSA No. 70 of 2017
THIS MSA IS FILED UNDER SECTION 54 OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 14.12.2015 PASSED IN MA.LAC NO.5102/2015 ON THE
FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MANDYA SITTING AT SRIRANGAPATNA, ALLOWING THE
APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED
05.11.2013 PASSED IN LAC NO.25/2012 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, K.R.PET, PARTLY ALLOWING
THE REFERENCE PETITION FILED UNDER SECTION 18 OF THE
LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Heard Sri.P.Mahesha, learned counsel for the
appellant and Sri.T.P.Malipatil, learned Additional
Government Advocate for the respondents.
2. The present appeal is filed challenging the
award passed in LAC No.25/2012 dated 05.11.2013 on the
file of Senior Civil Judge and JMFC, K.R.Pet, modified in
MA(LAC) No.5102/2015 dated 14.12.2015 on the file of III
Addl. District and Sessions Judge, Mandya (Sitting at
Srirangapatnna).
3. At the outset, Sri.P.Mahesha, learned counsel
for the appellant submits that in respect of similarly
NC: 2024:KHC:29981
situated matters, a coordinate Bench of this Court in MSA
No.64/2017 and connected appeals dated 24.02.2023,
enhanced the compensation and the present appeal can
also be disposed of in terms of the judgment of this Court
in MSA No.64/2017 and connected matters.
4. Learned Additional Government Advocate did
not dispute the order passed by the Coordinate Bench of
this Court wherein, quantum of compensation has been
enhanced from Rs.3,69,600/- to Rs.4,98,960/-.
5. Accordingly, present appeal also stands
allowed in terms of the judgment passed in MSA
No.64/2017 dated 24.02.2023 and connected matters with
consequential benefits less the interest for the period of
466 days.
Sd/-
(V SRISHANANDA) JUDGE
KAV List No.: 1 Sl No.: 37/CT: BHK
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