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2023 Supreme(SC) 971

B. R. GAVAI, ARAVIND KUMAR
Shivappa Etc. Etc. – Appellant
Versus
Chief Engineer – Respondent


Advocates Appeared:
Mr. Sharanagouda Patil, Advocate, Mrs. Supreeta Patil, Advocate, M/S. S-Legal Associates, Advocate, Mr. Anand Sanjay M Nuli, Advocate, Mr. Suraj Kaushik, Advocate, Mr. Dharam Singh, Advocate, Mr. Nanda Kumar K B, Advocate, Ms. Akhila Wali, Advocate, Mr. Shiva Swaroop, Advocate, M/S. Nuli & Nuli, Advocate, for the Appellant; Mr. Naveen R. Nath, Sr. Advocate, Mr. Abhimanyu Verma, Advocate, Ms. Lalit Mohini Bhat, Advocate and Ms. Hetu Arora Sethi, Advocate, for the Respondent.

JUDGMENT

B.R. Gavai, J. - CIVIL APPEAL NOS. 2694-2700 OF 2023

1. Leave granted.

2. This Court had issued limited notice with regard to the reduction of compensation from Rs.4,61,250/- to Rs.4,15,000/- per acre.

3. We have heard Mr. Anand Sanjay M. Nuli and Mr. Sharanagouda Patil, learned counsel appearing on behalf of the appellants and Mr. Navin R. Nath, learned Senior Counsel appearing on behalf of the respondents.

4. Learned counsel for the appellants submits that the learned Reference Court, by an elaborated reasoning, had awarded the compensation at the rate of Rs.4,61,250/- per acre vide its order dated 14th March 2012. He further states that there is no reason for the High Court to reduce it to Rs. 4,15,000/- per acre.

5. Mr. Navin R. Nath submits that the order impugned herein was passed on the basis of the order passed by the High Court in MFA No. 31613 of 2012 decided on 8th January 2015. He submits that the Special Leave Petition being SLP(C) Diary No. 4490 of 2017 challenging the same has been dismissed in limine by this Court vide order dated 26th March 2018 and as such, the said judgment and order dated 8th January 2015 has attained finality. He, therefore, submits that no

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