Karnataka High Court
Karnataka Neeravari Nigam Ltd vs The Deputy Commissioner on 31 July, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC-D:10745-DB
MFA No.101183 of 2014
C/W MFA No.101184 of 2014
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MFA NO.101183 OF 2014 (LAC)
C/W. MFA NO.101184 OF 2014 (LAC)
IN MFA NO.101183/2014:
BETWEEN:
KARNATAKA NEERAVARI NIGAM LTD.,
R/BY ITS EXECUTIVE ENGINEER,
UPPAR TUNGA PROJECT,
RANEBENNUR, DIST: HAVERI.
... APPELLANT
Digitally
signed by
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
JAGADISH T R
Location: High
Court of
Karnataka AND:
Dharwad
Bench
1. THE DEPUTY COMMISSIONER,
HAVERI DISTRICT, HAVERI.
2. THE SPECIAL LAND ACQUISITION OFFICER,
UPPAR TUNGA PROJECT, RANEBENNUR.
3. SRI. TUKARAM S/O PUTTAPPA ARER @ JADHAV,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: RANEBENNUR, DIST: HAVERI.
... RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1 AND R2,
SRI. B.V. SOMAPUR, ADVOCATE FOR R3)
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NC: 2024:KHC-D:10745-DB
MFA No.101183 of 2014
C/W MFA No.101184 of 2014
THIS MFA IS FILED UNDER SECTION 54(1)OF LA ACT, AGAINST
THE JUDGMENT AND AWARD DATED 10.10.2013 PASSED IN LAC
NO.18/2004 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND JMFC., RANEBENNUR, AWARDING THE COMPENSATION OF RS.
5,60,000/- PER ACRE.
IN MFA NO.101184/2014:
BETWEEN:
KARNATAKA NEERAVARI NIGAM LTD.,
R/BY ITS EXECUTIVE ENGINEER,
UPPAR TUNGA PROJECT,
RANEBENNUR, DIST: HAVERI.
... APPELLANT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
HAVERI DISTRICT, HAVERI.
2. THE SPECIAL LAND ACQUISITION OFFICER,
UPPAR TUNGA PROJECT, RANEBENNUR.
3. SRI. IRAPPA NAGAPPA KATTIMANI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: RANEBENNUR, DIST: HAVERI.
... RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1 AND R2,
SRI. B.V. SOMAPUR, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1)OF LA ACT, AGAINST
THE JUDGMENT AND AWARD DATED 10.10.2013 PASSED IN LAC
NO.1/2004 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND
JMFC., RANEBENNUR, AWARDING THE COMPENSATION OF RS.
5,60,000/- PER ACRE.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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NC: 2024:KHC-D:10745-DB
MFA No.101183 of 2014
C/W MFA No.101184 of 2014
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
1. These appeals are filed by the beneficiaries of
the acquisition, challenging the judgment and award dated
10.10.2013, passed in LAC Nos.1/2004 & 18/2004 on the
file of the Prl. Civil Judge & JMFC, Ranebennur.
2. Learned counsel representing the parties in the
appeals fairly submit that the issue involved in these
appeals is no more res intigra and the same covered by the
decision of the Co-ordinate Bench of this Court in the case
of Karnataka Neeravari Nigam Ltd., Vs. the Deputy
Commissioner and others1.
3. In view of the said submission, we have gone
through the reasoning of the Co-ordinate Bench and taking
note of the fact that the acquisition in the present appeals
are arising out of the same notification and of the same
village. Hence, we are of the considered view that these
MFA No.101186/2014 & C/w. matters, DD 22.09.2022
NC: 2024:KHC-D:10745-DB
appeals are required to be disposed off in terms of the
aforesaid judgment of the Co-ordinate Bench of this Court.
4. Accepting the reasons assigned by the
Co-ordinate Bench in the aforesaid judgment, we proceed
to dispose off the appeals. Hence, the following:
ORDER
(i) Appeals in MFA Nos.101183/2014 &
101184/2014 are allowed.
(ii) The impugned judgments and awards
dated 10th October 2013, passed in LAC
Nos.1/2004 & 18/2004 on the file of the
Prl. Senior Civil Judge & JMFC,
Ranebennur are set aside.
(iii) The market value of the lands acquired
is fixed at Rs.2,40,000/- per acre as the
beneficiaries have conceded to the said
value and the land loosers are entitled to
all statutory benefits.
NC: 2024:KHC-D:10745-DB
(iv) However, considering the fact that the
respondents are land loosers cost of the
appeals are made easy.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
VNP / CT:VP
