The Executive Engineer vs The Special Additional Land ...
2024 Latest Caselaw 22545 Kant

Karnataka High Court

The Executive Engineer vs The Special Additional Land ... on 4 September, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                         -1-
                                                    NC: 2024:KHC-D:12721
                                                 MFA No. 102132 of 2024




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                     DATED THIS THE 4TH DAY OF SEPTEMBER 2024
                                      BEFORE
             THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                 MISCELLANEOUS FIRST APPEAL NO. 102132 OF 2024
            BETWEEN:

            THE EXECUTIVE ENGINEER,
            MBC DIVISION NO.1, GADDANAKERI CAMP,
            NAVANAGAR, BAGALKOT-587101.
                                                              ...APPELLANT
            (BY SRI. S. M. KALWAD, ADVOCATE)

            AND:

            1.   THE SPECIAL ADDL LAND ACQUISITION OFFICER,
                 MP-3 SECTOR NO.60, BAGALKOT-587301.

            2.   THE STATE OF KARNATAKA
                 REP. BY DEPUTY COMMISSIONER,
                 BAGALKOT-587101.

            3.   SRI. ASHOK S/O. BASAPPA MACHA,
                 AGE: 59 YEARS, OCC: BUSINESS & AGRICULTURE,
                 R/O: SHIRUR VILLAGE,
                 TQ & DIST: BAGALKOT - 587301.
BHARATHI                                                 ...RESPONDENTS
HM
                  THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
            COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
Location:   REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO SET
HIGH        ASIDE THE JUDGMENT AND AWARD 22.01.2024 MADE IN
COURT OF    L.A.C.NO.24/2023 PASSED BY THE COURT OF II ADDL. SENIOR
KARNATAKA   CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT
            BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND
            EQUITY.

                 THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
            DELIVERED THE FOLLOWING:

            CORAM:    THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                                 -2-
                                             NC: 2024:KHC-D:12721
                                        MFA No. 102132 of 2024




                          ORAL JUDGMENT

It is submitted that the subject matter of the appeal

is less than rs.10,00,000/- (Rupees ten lakhs only) and

the appeal before this Court is not maintainable in view of

the provisions of Section 19(1) of the Karnataka Civil

Courts Act, 1964.

2. The registry is directed to return the original

papers to the counsel for the appellant, after taking

photocopies of the same along with the quantum of court

fee permitted to be refunded. Six weeks time is granted to

the appellant to re-present the same before the

jurisdiction District Court.

3. Accordingly, the appeal is disposed of

Sd-/ (SHIVASHANKAR AMARANNAVAR) JUDGE

DSP CT:ANB