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Karnataka High Court
The Spl Land Acquisition Officer vs Basanagouda on 6 August, 2012
Author: N.Kumar And H.S.Kempanna

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IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD

DATED THIS THE 06 T H DAY OF AUGUST, 2012 PRESENT

THE HON'BLE MR. JUSTICE N. KUMAR AND

THE HON'BLE MR. JUSTICE H. S. KEMPANNA

M.F.A. Nos.7731, 7732, 7733 & 7734 OF 2007 [LAC]

MFA No.7731/2007:

BETWEEN:

THE SPL. LAND ACQUISITION OFFICER HUBLI ANKOLA BROAD-GAUGE RAILWAY ANKOLA.

...APPELLANT

(By Sri. MAHESH WODEYAR, AGA)

AND:

1. BASANAGOUDA

S/O. NAGANAGOUDA BYAHATTI

2. SIDDANAGOUDA

S/O. NAGANAGOUDA BYAHATTI

3. PARAPPAGOUDA

S/O. NAGANAGOUDA BYAHATTI

4. SHANKARAGOUDA

S/O. NAGANAGOUDA BYAHATTI -2-

ALL ARE MAJOR

AGRICULTURISTS,

R/AT MAVANUR TALUK HUBLI, DHARWAD DISTRICT.

5. THE DEPUTY CHIEF ENGINEER (CONSTRUCTON) SOUTH WESTERN RAILWAY ZONE CLUB ROAD, HUBLI.

... RESPONDENTS

(By Sri. A.K.DHARANAGOUDAR ADV. FOR R1-R4); SRI AJAY U.PATIL ADV. FOR R5)

THIS MFA IS FILED U/S 54(1) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.11.2006 PASSED IN LAC NO.1/2003 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.), HUBLI, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATON.

MFA No.7732/2007:

BETWEEN:

THE SPL LAND ACQUISITION OFFICER HUBLI ANKOLA BRAOD-GAUGE RAILWAY ANKOLA.

...APPELLANT

(By Sri. MAHESH WODEYAR, AGA)

AND:

1. BASAVANNEPPA

S/O. VENKAPPA HUGGI

AGE MAJOR, OCC: AGRICULTURE R/AT MAVANUR, TALUK HUBLI DIST: DHARWAD.

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2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTH WESTERN RAILWAY ZONE CLUB ROAD, HUBLI,

DIST: DHARWAD.

... RESPONDENTS

(By Sri. S M KALWAD ADV. FOR R1; SRI AJAY.U.PATIL ADV. FOR R2)

THIS MFA IS FILED U/S. 54(1) OF LA ACT, AGAINST THE JUDGEMENT AND AWARD DATED 17.11.2006 PASSED IN LAC NO.2/2003 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.), HUBLI, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATION.

MFA No.7733/2007:

BETWEEN:

THE SPL LAND ACQUISITION OFFICER HUBLI-ANKOLA BROADGUAGE RAILWAY ANKOLA.

...APPELLANT

(By Sri. MAHESH WODEYAR, AGA)

AND:

1. SHIVAPPA SANNABASAPPA KADAPPANAVARA AGE MAJOR, OCC: AGRICULTURE R/AT MAVANUR, TALUK HUBLI, DIST: DHARWAD.

2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTH WESTERN RAILWAY ZONE CLUB ROAD, HUBLI,

DIST: DHARWAD.

... RESPONDENTS

(By Sri S M KALWAD ADV. FOR R1; SRI AJAY. U.PATIL, ADV. FOR R2) -4-

THIS MFA IS FILED U/s.54(1) OF LA ACT, AGAINST THE JUDGEMENT AND AWARD DATED 17.11.2006 PASSED IN LAC NO.3/2003 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.), HUBLI, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATION.

MFA No.7734/2007:

BETWEEN:

THE SPL LAND ACQUISITION OFFICER HUBLI-ANKOLA BROAD-GUAGE RAILWAY ANKOLA.

...APPELLANT

(By Sri. MAHESH WODEYAR, AGA)

AND:

1. BASAVANNEPPA

S/O. SHIVAPPA KADAPPANAVARA AGE MAJOR, OCC: AGRICULTURE R/AT MAVANUR, TALUK HUBLI, DIST: DHARWAD.

2. SIDDAPPA

S/O. SHIVAPPA KADAPPANAVARA AGE MAJOR, OCC: AGRICULTURE R/AT MAVANUR, TALUK HUBLI, DIST: DHARWAD.

3. CHANNAPPA

S/O. SHIVAPPA KADAPPANAVARA AGE MAJOR, OCC: AGRICULTURE R/AT MAVANUR, TALUK HUBLI. DIST: DHARWAD.

4. SUBHASA

S/O. SHIVAPPA KADAPPANAVARA -5-

AGE MAJOR, OCC: AGRICULTURE R/AT MAVANUR, TALUK HUBLI, DIST: DHARWAD.

5. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTH WESTERN RAILWAY ZONE CLUB ROAD, HUBLI.

... RESPONDENTS

(By Sri. A K DHARANGOUNDAR ADV. & SRI R.M.JAVED ADV. FOR R1 TO R4; SRI AJAY U.PATIL ADV. FOR R5)

THIS MFA IS FILED U/S 54(1) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.11.2006 PASSED IN LAC NO.4/2003 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.), HUBLI, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATON.

These appeals coming on for Orders this day, N.Kumar J., delivered the following:

J U D G M E N T

MFA Nos.7731 to 7734 of 2007 are all

appeals filed by the State challenging the award

passed by the reference court awarding a sum of

`2,00,000/- per acre i.e., at the rate of `5,000/-

per gunta.

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2. The lands in question are all situated in

Mavanur Village, Hubli Taluk. A preliminary

notification was issued to acquire the lands

which are the subject matters of these appeals

on 18.04.2000. The award came to be passed on

23.04.2003 awarding a sum of `18,000/- per

acre. The land-lords sought a reference. On

such a reference, the reference court has

awarded a sum of `2,00,000/- per acre. It is

against the said award of the reference court,

the State has preferred these appeals.

3. The learned Government Advocate

submits that the State has accepted the said

enhancement as the beneficiary/the Indian

Railways has agreed to pay the said

compensation and therefore, they do not want to

pursue these appeals any further. -7-

The said submission is placed on record.

The award passed by the reference court

awarding a sum of `2,00,000/- per acre is

affirmed. The appeals are dismissed.

SD/-

JUDGE

SD/-

JUDGE

RKK/-