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2016 Supreme(Kar) 438

H.G.RAMESH, P.S.DINESH KUMAR
Shanta – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Petitioners: S.R. Hegde, B. Raghavendra Simha
For the Respondents: C.S. Patil, Smt. Sharmila Patil

JUDGMENT :

P.S. Dinesh Kumar, J.

These intra Court appeals are directed against the common order passed by the learned single Judge dated 19.2.2015 in writ petition Nos. 112923 & 112924-938 of 2014 c/w 81936-952 of 2013 & 111551 of 2014 (LA-KIADB), rejecting the said writ petitions.

2. Heard Sri H. Subramanya Jois, learned Senior Counsel for Sri S.R. Hegde, learned Counsel for the appellants.

3. Sri. Subramanya Jois, learned Senior Counsel for the appellants submitted that the impugned common order passed by the learned single Judge is not sustainable in law because admittedly, the respondent - KIADB has not paid the value of the land falling under the category of 'Pot Kharab'. He submitted that KIADB had acquired lands belonging to 16 appellants herein as per Schedule - 'A' appended to the writ petitions. The compensation is paid by calculating the area of land acquired in all cases excluding the Pot Kharab area. He submitted that Pot Kharab is described under Rule 21(2) of the Karnataka Land Revenue Rules, 1966 ('Rules' for short) "A" - Pot Kharab belongs to the owner of the agricultural land and "B" - Pot Kharab belongs to the Government. According to him, it is not in dispute that






































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