B. Ramappa vs The Special Land Acquisition Officer ...
2024 Latest Caselaw 27508 Kant

Karnataka High Court

B. Ramappa vs The Special Land Acquisition Officer ... on 15 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

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                                                            NC: 2024:KHC:46462
                                                           MFA No. 675 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF NOVEMBER, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                    MISCELLANEOUS FIRST APPEAL NO. 675 OF 2016 (LAC)

                   BETWEEN:

                   1.    B. RAMAPPA,
                         S/O VEERABASAPPA,
                         AGED ABOUT 56 YEARS,
                         RESIDENT OF ABBALAGERE VILLAGE,
                         SHIVAMOGGA TALUK AND DISTRICT.
                                                                   ...APPELLANT

                             (BY SRI. SANGAMESH G. PATIL, ADVOCATE)

                   AND:

                   1.    THE SPECIAL LAND
                         ACQUISITION OFFICER UTP,
                         SUB-DIVISION,
Digitally signed
                         SHIVAMOGGA - 57 7201.
by DEVIKA M
Location: HIGH     2.    THE EXECUTIVE ENGINEER,
COURT OF                 KNNL UTP DIVISION,
KARNATAKA                SHIVAMOGGA - 577 201.
                                                                ...RESPONDENTS

                            (BY SRI. GOPAL KRISHNA SOODI, AGA FOR R1;
                              SRI. B.R.PRASHANTH, ADVOCATE FOR R2)

                        THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
                   ACQUISTION ACT, AGAINST THE JUDGMENT AND AWARD
                   DATED 22.04.2006 PASSED ON LAC NO.76/2004 ON THE FILE
                   OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM,
                   SHIVAMOGGA, PARTLY ALLOWING THE REFERENCE PETITION
                   FOR COMPENSATION AND SEEKING ENHANCEMENT OF
                   COMPENSATION.
                                -2-
                                             NC: 2024:KHC:46462
                                           MFA No. 675 of 2016




    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE H.P.SANDESH

                       ORAL JUDGMENT

Heard the learned counsel for the appellant, the learned

Additional Government Advocate for respondent No.1 and the

learned counsel for respondent No.2.

2. Similar set of appeals are challenged before the

Division Bench of this Court in respect of the same notification in

M.F.A.No.671/2016 and other connected matters and the same

were allowed vide order dated 03.03.2020, wherein the market

value of the land was fixed at 10,10,374/- per gunta.

3. The learned counsel for respondent No.2 submits

that the said order was challenged before the Apex Court and

the same was dismissed.

4. The learned Additional Government Advocate

appearing for respondent No.1 State submits that the award

passed by the Trial Court is considering the material on record

and hence it does not require any enhancement.

5. When the same is covered by the Division Bench

judgment of this Court, the appellant is also entitled for the

NC: 2024:KHC:46462

same compensation with other statutory benefits. However, the

appellant is not entitled for interest for the delayed period of

3472 days in filing the appeal and so also from 19.02.2018 to

10.08.2021 i.e., from the date of dismissal and restoration of

the appeal.

6. Accordingly, the appeal is disposed of.

7. In view of the disposal of appeal, the pending I.As.,

if any, stands disposed of.

Sd/-

(H.P.SANDESH) JUDGE

MD