Karnataka High Court
Sri B R Chandregowda vs The Special Land Acquisition Officer on 1 October, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO. 51 OF 2020 (LA)
C/W
MISCELLANEOUS SECOND APPEAL NO. 57 OF 2020 (LA)
MISCELLANEOUS SECOND APPEAL NO. 59 OF 2020 (LA)
MISCELLANEOUS SECOND APPEAL NO. 60 OF 2020 (LA)
MISCELLANEOUS SECOND APPEAL NO. 62 OF 2020 (LA)
MISCELLANEOUS SECOND APPEAL NO. 73 OF 2020 (LA)
MISCELLANEOUS SECOND APPEAL NO. 74 OF 2020 (LA)
MISCELLANEOUS SECOND APPEAL NO. 81 OF 2020 (LA)
MISCELLANEOUS SECOND APPEAL NO. 82 OF 2020 (LA)
MISCELLANEOUS SECOND APPEAL NO. 91 OF 2020 (LA)
IN MSA No. 51/2020
BETWEEN:
Digitally
signed by
MALATESH SRI. B.R. SOMASHEKARAPPA,
KC S/O RUDREGOWDA,
Location: AGED 68 YEARS, AGRICULTURIST,
HIGH
COURT OF BANADAHALLI VILLAGE,
KARNATAKA BELURU TALUK, HASSAN DISTRICT - 513 215.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
-2-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN - 573 201.
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE
COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT AND
SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN L.A.C,
APPEAL NO. 391/2016 DATED 30.10.2019 BY CONFIRMING THE
JUDGMENT AND AWARD PASSED BY THE LEARNED PRINCIPAL
CIVIL JUDGE, SENIOR DIVISION IN L.A.C.NO.526/2022 DATED
25.08.2005 AND CONSEQUENTLY AWARD THE COMPENSATION
AT THE RATE OF RS. 2,90,000/- PER ACRE AS PER THE
JUDGMENT OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007
DATED 22.08.2011 ALONG WITH OTHER BENEFITS AS THIS
HON'BLE COURT DEEMS FIT TO GRANT UNDER THE
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.
IN MSA NO. 57/2020
BETWEEN:
SRI. RAJEGOWDA,
S/O CHANNEGOWDA,
AGED 59 YEARS, AGRICULTURIST,
BENNURU VILLAGE, BELURU TALUK,
HASSAN DISTRICT - 573 115.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
-3-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN - 573 201.
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 54(2) OF THE
LAND ACQUISITION ACT, 1894 AGAINST THE JUDGMENT
AND AWARD DATED 07.11.2019 PASSED IN LAC.APPEAL
NO.404/2016 ON THE FILE OF THE PRINCIPAL DISTRICT
JUDGE, HASSAN, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND AWARD DATED
08.07.2005 PASSED IN LAC NO. 133/2001 ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE (SR.DN) HASSAN, PARTLY
ALLOWING THE CLAIM PETITIONS.
IN MSA NO. 59/2020
BETWEEN:
SRI B.B. MALLEGOWDA,
S/O LATE BASAVEGOWDA,
AGED 76 YEARS, AGRICULTURIST,
BENNURU VILLAGE, BELURU TALUK,
HASSAN DISTRICT - 573 115.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT
HASSAN - 573 201.
-4-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 54(2) OF THE
LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE
THE COMMON JUDGMENT AND AWARD PRINCIPAL
DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT,
HASSAN IN L.A.C, APPEAL NO. 320/2016 DATED
07.11.2019 BY CONFIRMING THE JUDGMENT AND AWARD
PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE,
SENIOR DIVISION IN L.A.C.NO.89/2001 DATED 08.07.2005
AND CONSEQUENTLY AWARD THE COMPENSATION AT THE
RATE OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT
OF THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED
22.08.2011 ALONG WITH OTHER BENEFITS AS THIS
HON'BLE COURT DEEMS FIT TO GRANT UNDER THE
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO. 60/2020
BETWEEN:
SRI. VENKATESH,
S/O GANGEGOWDA,
AGED 48 YEARS, AGRICULTURIST,
YAREHALLI VILLAGE, KARADAGA POST,
BELURU TLAUK, HASSAN DISTRICT - 573 115.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
-5-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, 1894 PRAYING TO SET ASIDE THE
COMMON JUDGMENT AND AWARD PRINCIPAL DISTRICT
AND SESSIONS JUDGE, HASSAN DISTRICT, HASSAN IN
L.A.C, APPEAL NO. 377/2016 DATED 30.10.2019 BY
CONFIRMING THE JUDGMENT AND AWARD PASSED BY THE
LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION IN
L.A.C.NO.158/2001 DATED 11.08.2005 AND
CONSEQUENTLY AWARD THE COMPENSATION AT THE RATE
OF RS. 2,90,000/- PER ACRE AS PER THE JUDGMENT OF
THIS HON'BLE COURT IN M.F.A NO. 9264/2007 DATED
22.08.2011 ALONG WITH OTHER BENEFITS AS THIS
HON'BLE COURT DEEMS FIT TO GRANT UNDER THE
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO. 62/2020
BETWEEN:
SRI. RUDRESHA
S/O GANGEGOWDA,
AGED 47 YEARS, AGRICULTURIST,
YAREHALLI VILLAGE, KARADAGA POST,
BELURU TALUK, HASSAN DISTRICT - 573 115.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
-6-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 54(2) OF THE
LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE
THE COMMON JUDGMENT AND AWARD PRINCIPAL
DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT,
HASSAN IN L.A.C, APPEAL NO. 380/2016 DATED
30.10.2019 BY CONFIRMING THE JUDGMENT AND AWARD
PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE,
SENIOR DIVISION IN L.A.C.NO.166/2001 DATED
25.08.2005 AND CONSEQUENTLY AWARD THE
COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE
AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A
NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER
BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT
UNDER THE CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MSA NO. 73/2020
BETWEEN:
SRI. B.S. PRASANNA,
S/O SIDDEGOWDA,
AGED 56 YEARS, AGRICULTURIST,
BENNURU VILLAGE, BELURU TALUK,
HASSAN DISTRICT.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
-7-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
...RESPONDENTS
THIS MSA IS FILED U/SEC. 54(2) OF THE LAND
ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND
AWARD DATED 07.11.2019 PASSED IN LACA (APPEAL)
NO.319/2016 ON THE FILE OF THE PRINCIPAL DISTRICT
JUDGE, HASSAN DISMISSING THE APPEAL FILED AGAINST
THE JUDGMENT AND AWARD DATED 08.07.2005 PASSED
IN LAC 185/2000 ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE, (SR.DN.) HASSAN, DISMISSING THE REFERENCE
PETITION FILED U/SEC.18 OF LAND ACQUISITION ACT FOR
ENHANCED COMPENSATION.
IN MSA NO. 74/2020
BETWEEN:
SRI. B.R. CHANDREGOWDA,
S/O RUDREGOWDA,
AGED 74 YEARS, AGRICULTURIST,
BANADAHALLI VILLAGE, BELURU TALUK,
HASSAN DISTRICT - 573 215.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
...RESPONDENTS
-8-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
THIS MSA IS FILED UNDER SECTION 54(2) OF THE
LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE
THE COMMON JUDGMENT AND AWARD PRINCIPAL
DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT,
HASSAN IN L.A.C, APPEAL NO. 334/2016 DATED
30.10.2019 BY CONFIRMING THE JUDGMENT AND AWARD
PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE,
SENIOR DIVISION IN L.A.C.NO.528/2005 DATED
25.08.2005 AND CONSEQUENTLY AWARD THE
COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE
AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A
NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER
BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT
UNDER THE CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MSA NO. 81/2020
BETWEEN:
SMT. CHANDRAMMA
W/O NEELAKANTAIAH,
AGED 69 YEARS, AGRICULTURIST,
BANDANAHALLI VILLAGE,
KARADAGA POST, BELURU TALUK,
HASSAN DISTRICT - 573 115.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P.-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
-9-
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
...RESPONDENTS
THIS MSA IS FILED UNDER SEC.54(2) OF THE LAND
ACQUISITION ACT., 1894 AGAINST THE JUDGMENT AND
AWARD DATED 17.12.2019 PASSED IN LAC APPEAL
NO.406/2016 ON THE FILE OF THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND AWARD DATED
01.09.2005 PASSED IN LAC.NO.187/2000 ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE (SR.DN) HASSAN, PARTLY
ALLOWING THE CLAIM PETITIONS.
IN MSA NO. 82/2020
BETWEEN:
SRI. B.N.SOMASHEKARAPPA,
S/O NANJEGOWDA,
AGED 71 YEARS, AGRICULTURIST,
BANADAHALLI VILLAGE,
KARADAGA POST, BELURU TALUK,
HASSAN DISTRICT - 573 115.
...APPELLANT
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
- 10 -
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 54(2) OF THE
LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE
THE COMMON JUDGMENT AND AWARD PRINCIPAL
DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT,
HASSAN IN L.A.C, APPEAL NO. 322/2016 DATED
30.11.2019 BY CONFIRMING THE JUDGMENT AND AWARD
PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE,
SENIOR DIVISION IN L.A.C.NO.156/2001 DATED
28.07.2005 AND CONSEQUENTLY AWARD THE
COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE
AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A
NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER
BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT
UNDER THE CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MSA NO. 91/2020
BETWEEN:
SRI. MAHESHA GOWDA B.N,
SINCE DEAD BY HIS LRS.,
1. SMT. PUSHPA,
W/O LATE MAHESHA GOWDA B.N,
AGED ABOUT 53 YEARS,
2. SRI. SUNIL B.M,
S/O LATE MAHESHA GOWDA B.N,
AGED ABOUT 30 YEARS,
- 11 -
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
3. MISS. SEEMA B.M,
D/O LATE MAHESHA GOWDA B.N,
AGED ABOUT 28 YEARS,
ALL ARE RESIDENTS OF
BANADAHALLI VILLAGE
KASABA HOBLI, BELUR TALUK,
HASSAN DISTRICT - 573 215.
...APPELLANTS
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE (ABSENT))
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER
HASSAN DISTRICT, HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN - 573 201.
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 54(2) OF THE
LAND ACQUISITION ACT, 1894 PRAYING TO SET ASIDE
THE COMMON JUDGMENT AND AWARD PRINCIPAL
DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT,
HASSAN IN L.A.C, APPEAL NO. 328/2016 DATED
30.11.2019 BY CONFIRMING THE JUDGMENT AND AWARD
PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE,
SENIOR DIVISION IN L.A.C.NO.152/2001 DATED
28.07.2005 AND CONSEQUENTLY AWARD THE
COMPENSATION AT THE RATE OF RS. 2,90,000/- PER ACRE
AS PER THE JUDGMENT OF THIS HON'BLE COURT IN M.F.A
NO. 9264/2007 DATED 22.08.2011 ALONG WITH OTHER
BENEFITS AS THIS HON'BLE COURT DEEMS FIT TO GRANT
UNDER THE CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
- 12 -
NC: 2024:KHC:41174
MSA No. 51 of 2020
C/W MSA No. 57 of 2020
MSA No. 59 of 2020
AND 7 OTHERS
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
None appears for the appellants.
Appeals are filed in the year 2020. Till today, the
office objections are not complied.
Accordingly, the appeals stand dismissed for non
prosecution.
Sd/-
(V SRISHANANDA)
JUDGE
SNC
CT: BHK
