Karnataka High Court
The Union Of India vs Shri. Basavaraj S/O Sangappa Koravi on 1 October, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC-D:14721-DB
MFA No. 104310 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 1ST DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 104310 OF 2023 (LAC-)
BETWEEN:
THE UNION OF INDIA
R/BY DEPUTY CHIEF ENGINEER CONSTRUCTION,
SOUTH WESTERN RAILWAYS,
KESHWAPUR, HUBBALI.
...APPELLANT
(BY SRI. VENKATESH M KHARVI, ADVOCATE)
AND:
VISHAL 1. SHRI. BASAVARAJ S/O SANGAPPA KORAVI
NINGAPPA AGE 65 YEARS, OCC. AGRICULTURE & HOUSEHOLD,
PATTIHAL
R/O BADAMI ONI, UNKAL, TQ. HUBBALLI,
Digitally signed by VISHAL
NINGAPPA PATTIHAL DIST.DHARWAD,
Location: High Court of
Karnataka, Dharwad Bench
Date: 2024.10.03 11:10:11
+0530
1 (A) SMT PARVATI W/O MAHADEVAYYA T.S.
AGE 53, YEARS, OCC. HOUSEHOLD & AGRICULTURE
R/O UNKAL, TQ. HUBBALLI, DIST. DHARWAD.
1 (B) RAMAPPA @ RAMESH S/O BASAVARAJ KORAVI
AGE 52 YEARS, OCC. HOUSEHOLD AND AGRICULTURE
R/O UNKAL, TQ. HUBBALLI, DIST. DHARWAD.
1 (C) SMT KAVITA W/O RUDRAPRABHU SAVADI
AGE 49 YEARS, OCC. HOUSEHOLD & AGRICULTURE
R/O BASAVANA KUDACHI SMABRA, TQ. DHARWAD
DIST. DHARWAD.
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NC: 2024:KHC-D:14721-DB
MFA No. 104310 of 2023
1 (D) SMT SHEEMARANI
W/O UMASHANKAR K.S.
AGE 46 YEARS, OCC. HOUSEHOLD WORK & AGRICULTURE
R/O VIRAJE, KAIGA, KARWAR
DIST. KARWAR.
1 (E) SMT SUCHITRA W/O JAGADISH SHETRU
AGE 46 YEARS,
OCC. HOUSEHOLD & AGRICULTURE,
R/O LINGADEVANAHALLI, BANGALORE.
2. THE ASSISTANT COMMISSIONER AND
LAND ACQUISITION OFFICER,
DHARWAD.
3. THE PRINCIPAL REVENUE SECRETARY
GOVERNMENT OF KARNATAKA
REVENUE DEPARTMENT,
M.S. BUILDING, BENGALURU.
4. THE CHIEF PROJECT MANAGER
RAIL VIKAS NIGAMA LTD.,
SOUTH-WESTERN RAILWAYS
KESHWAPUR, HUBBALLI.
...RESPONDENTS
(BY SRI. V G BHAT AND
SRI. SURAJ M KATAGI, ADVOCATE FOR C/R1(A) TO (E)
SRI. V S KALASURMATH, HCGP FOR R1 & R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 15.02.2023 PASSED
IN LAC.NO.3/2016 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI,
AWARDING THE COMPENSATION OF RS. 3,23,433/- PER GUNTA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-D:14721-DB
MFA No. 104310 of 2023
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
This appeal is heard and taken up for disposal.
2. This appeal is filed challenging impugned judgment
and award dated 15.02.2023 passed in LAC No.03/2016 by the
II Addl. Senior Civil Judge and JMFC, Hubballi,1.
3. Learned counsel appearing for the claimants as well
as the Union of India fairly submits that the issue involved in
this appeal is covered by the judgment of Co-ordinate Bench of
this Court in MFA No.102332/2020 and connected appeals
disposed off on 10.10.2023.
4. We have perused the judgment of the Co-ordinate
Bench, facts and grounds urged in this appeal. We are of the
considered view that the issue involved in this matter is one
and the same. Hence, this appeal is disposed off in terms of the
for short (Reference Court)
NC: 2024:KHC-D:14721-DB
above said judgment dated 10.10.2023 passed in MFA
No.102332/2020 and connected appeals.
5. In view of the above, we proceed to pass the
following:
ORDER
(i) MFA No.104310/2023 filed by the Union of
India is allowed in part with costs.
(ii) The impugned judgment and award of the
Reference Court dated 15.02.2023 passed
in LAC No.03/2016 on the file of the II
Addl. Senior Civil Judge and JMFC, Hubballi
is modified to the extent that the claimants
in this appeal are 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
NC: 2024:KHC-D:14721-DB
to the respective parties in accordance with
law.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
SSP
