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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
                       -1-


       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.
                            -3-


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.

-6-

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/-