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2013 Supreme(Kar) 520

High Court of Karnataka
HULUVADI G. RAMESH, J.
Cauvery Neeravari Nigam Limited, Bangalore
Versus
Giriyappa & Another
Miscellaneous First Appeal No. 3577 of 2009 (LAC)
Decided On : 23-08-2013
Z

Advocates:
Advocate Appeared:
For the Appellant:K.S. Bharath Kumar, Advocate.
For the Respondents:Sriyuths S.B. Shahapur, Additional Government Advocate, S.V. Narayana Murthy Advocate.

Headnote:LAND ACQUISITION ACT, 1894 - Section 54(1): [Huluvadi G. Ramesh, J] An extent of about 60 sq. mts. with Mangalore tiled house was acquired - Land Acquisition Officer awarded a meagre amount of Rs.1,42,624/- - Reference Court enhanced the compensation to Rs.18,02,496/- - Appeal was rejected.

Judgment :

1. The appellant has sought for setting aside the judgment and award passed by the learned Civil Judge (Senior Division), Holenarasipura, in L.A.C. No. 327 of 2005, dated 19-12-2008 and for such other orders.

2. The Special Land Acquisition Officer in respect of acquisition of property i.e., Sy. No. 106 to an extent of 60.67 square meters with a Mangalore tiled house, under the preliminary notification dated 26-8-1999 and final notification dated 21-9-2000 awarded compensation of Rs. 1,42,624/-. On reference, the Reference Court has enhanced the compensation to Rs. 18,02,496/- by order dated 22-4-2006. The same has been challenged before this Court preferring an appeal. This Court by order dated 22-11-2007, remanded the matter to the Reference Court. On remand, the Reference Court awarded compensation of Rs. 6,00,000/-. On the ground that the enhancement is on the higher side, this appeal is filed.

3. The Division Bench of this Court in M.F.A. No. 2339 of 2009 (Giriyappa v The Special Land Acquisition Officer, Hemavathi Reservoir Project-II, Hassan and Another 2013 (5) Kar. L.J. 657 (DB)), has confirmed the award passed by the Reference Court at Rs. 6,00,000/-. In that view of the matter, the appeal by the Cauvery Neeravari Nigam Limited does not survive for consideration and the same is disposed of.



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