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2013 Supreme(Kar) 297

K.L.Manjunath, L.Narayana Swamy
B. L. Sridhar – Appellant
Versus
B. R. Pathi – Respondent


Advocates appeared:
Sri Reuben Jacob, for Appellants;
Sri P.N. Nanjareddy, for Respondent-1; Respondent-2 to 4 Notice dispensed with.

JUDGMENT

K.L. Manjunath, J.

The legality and correctness of the order passed by the Learned Single Judge in W.P.No.9819/08 dt. 6th October, 2010, is called in question in these appeals.

2. The facts leading to these appeals are as hereunder:

Five guntas of land in Sy.No.3 of Bommanahalli Village, Begur Hobli, Bangalore South Taluk was notified and acquired by the National Highway authorities for widening the National Highway No.7 between Hosur and Bangalore. Final notification and award was passed in respect of the properties acquired under the aforesaid notification. A building was also in existence on the land in question. In all a sum of Rs.79,59,961/- was awarded. The appellants claimed the entire compensation as if they are the owners of the property.

3. The Writ Petitioner B.R. Pathi, who is respondent No.1 in this appeal also claimed right in the aforesaid land. The Special Land Acquisition Officer exercising the powers under Section 3H(3) of the National Highway Act 1956, ordered to disburse the entire compensation awarded to the appellants.

4. Aggrieved by the action of the Land Acquisition Officer in not referring the matter for Civil Court for adjudicating the dispute, 1st res














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