Karnataka High Court
Channappagouda Abidana @ ... vs The Assistant Commissioner And on 13 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:16596-DB
MFA No. 102576 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.102576 OF 2020 (LAC)
BETWEEN:
1. CHANNAPPAGOUDA ADIBANA,
@ HANUMANTHGOUDRU
AGE: 73 YEARS,
R/O: KENCHANAGOUDRA ONI,
UNKAL, TQ: HUBBALLI,
DIST: DHARAWD-580031.
2.. BHEEMANAGOUDA ABIDANA
@ HANUMANTHGOUDRU,
AGE: 70 YEARS,
Digitally signed R/O: KENCHANAGOUDRA ONI,
by MANJANNA E
Location: HIGH
UNKAL, TQ: HUBBALLI,
COURT OF DIST: DHARAWD-580031.
KARNATAKA
DHARWAD ...APPELLANTS
BENCH
Date: 2024.11.16 (BY SRI. V.G.BHAT, ADVOCATE)
11:10:41 +0530
AND:
1. THE ASSISTANT COMMISSIONER AND
SPECIAL LAND ACQUISITION OFFICER,
DHARWAD.
2. THE UNION OF INDIA
R/BY SENIOR DIVISIONAL ENGINEER,
SOUTH WESTERN RAILWAYS,
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NC: 2024:KHC-D:16596-DB
MFA No. 102576 of 2020
KESHWAPUR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
3. THE PRINCIPAL REVENUE SECRETARY
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU-560001.
...RESPONDENTS
(BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADV. FOR R1 AND R3;
SRI. VENKATESH M.KHARVI, ADV. FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.11.2019
PASSED IN LAC.NO.162/2014 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE, HUBBALLI, PARTLY ALLOWING THE
REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND
ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2024:KHC-D:16596-DB
MFA No. 102576 of 2020
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
This appeal is heard and taken up for disposal.
2. This appeal is filed challenging the impugned
judgment and award dated 27.11.2019 passed in L.A.C.
No.162/2014 on the file of the I Additional Senior Civil Judge,
Hubballi.
3. Learned counsel appearing for the claimants as well
as the Union of India fairly submit that the issue involved in
this appeal is covered by the judgment of this Court in M.F.A.
No.102332/202 and connected matters and M.F.A.
No.103562/2022 and connected matters disposed of on
10.10.2023 and 25.09.2024 respectively.
4. We have perused the facts and grounds urged in
the judgment of the Co-ordinate Bench. We are of the view that
the issue involved in these appeals is one and the same. Hence,
this appeal is disposed of in terms of the above judgments
dated 10.10.2023 and 25.09.2024 passed in M.F.A.
No.102332/2020 and connected matters and M.F.A.
No.103562/2022 and connected matters.
NC: 2024:KHC-D:16596-DB
5. In view of the above, we proceed to pass the
following:
ORDER
(i) The appeal is allowed in part with costs.
(ii) The impugned judgment and award of the
Reference Court dated 27.11.2019 passed in L.A.C.
No.162/2014 is modified to the extent that the claimant is
entitled for compensation of Rs.2,50,000/- per gunta with all
statutory benefits as contemplated under the Land Acquisition
Act, 1894.
(iii) Registry to draw decree accordingly and is
directed to refund the admissible Court fee to the respective
parties, if any, in accordance with law.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
RSH / Ct:VH
