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Sri. Puttegowda vs Special Land Acquisition Officer
2024 Latest Caselaw 18881 Kant

Citation : 2024 Latest Caselaw 18881 Kant
Judgement Date : 29 July, 2024

Karnataka High Court

Sri. Puttegowda vs Special Land Acquisition Officer on 29 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                      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)
                              -2-
                                              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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