Shivamma vs The Special Land Acquisition Officer
2024 Latest Caselaw 19155 Kant

Karnataka High Court

Shivamma vs The Special Land Acquisition Officer on 31 July, 2024

                                          -1-
                                                     NC: 2024:KHC:30240-DB
                                                     MFA No. 1475 of 2018




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 31ST DAY OF JULY, 2024

                                       PRESENT
             THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                          AND
                    THE HON'BLE MR JUSTICE UMESH M ADIGA

            MISCELLANEOUS FIRST APPEAL NO. 1475 OF 2018 (LAC)


            BETWEEN:

            Shivamma
            W/o Rangegowda,
            Aged about 62 years,
            Resident of Doddabeekanahalli Village,
            Kattaya Hobli,
            Hassan Taluk-573 201
            Hassan District.
                                                                ...Appellant
            (By Sri. G.M.Sharath Kumar, Advocate for
               Sri. Chethan B., Advocate)
Digitally
signed by   AND:
VEERENDRA
KUMAR K M
Location:
HIGH        The Special Land Acquisition Officer
COURT OF
KARNATAKA   H.R.P,
            Hassan-573 201
            Hassan District.
                                                              ...Respondent
            (By Sri. Mahantesh Shettar, AGA)

                 This MFA is filed under section 54(1) of Land Acquisition
            Act against the judgment and award dated 10.01.2014 passed
            in LAC No.135/2013 on the file of the Prl. Senior Civil Judge,
            Hassan, partly allowing the reference petition under section
            18(1) of Land Acquisition Act.
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                                             NC: 2024:KHC:30240-DB
                                             MFA No. 1475 of 2018




     This Appeal, coming on for orders, this day, judgment
was delivered therein as under:


CORAM:       HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
             and
             HON'BLE MR JUSTICE UMESH M ADIGA


                          ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

Heard Sri G.M.Sharath Kumar for Sri Chethan B,

learned counsel for the appellant and Sri Mahantesh

Shettar, learned Additional Government Advocate, for the

respondent.

2. This appeal is preferred against the judgment and

award in LAC 135/2013 on the file of Principal Senior Civil

Judge, Hassan.

3. The appellant's land to the extent of 21.5 guntas

was acquired for Yagachi Reservoir Project under

preliminary notification dated 09.02.2009. The land

acquisition officer awarded compensation of Rs.40,000/-

per acre and the reference court enhanced the

compensation to Rs.20,000/- per gunta. Not being

NC: 2024:KHC:30240-DB

satisfied with the enhancement given by the reference

court, this appeal has been preferred.

4. In connection with the same project but under

different notification, following the judgments in MFA

8873/2018 and 8703/2018, in MFA 3870/2021 disposed of

on 30.07.2024 this court enhanced the compensation to

Rs.1,00,000/- per gunta. Since the appellant is entitled to

the same compensation, this appeal stands allowed in

terms of the order in MFA 3870/2021, with all statutory

benefits.

Appellant is not entitled to interest for 1406 days in

terms of even order dated 31.07.2024 passed on

I.A.1/2018.

Sd/-

(SREENIVAS HARISH KUMAR) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

CKL