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2018 Supreme(Kar) 811

KRISHNA S.DIXIT
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD – Appellant
Versus
BYREGOWDA S/O. LATE CHIKKATHAMMEGOWDA – Respondent


Advocates Appeared:
For the Petitioner:SRI. S.S.NAGANAND, SENIOR ADVOCATE FOR SRI.ASHOK.N.NAYAK, ADV.
For the Respondent: SRI. SRINIVASA.D.C, SRI. P.V.CHANDRASHEKAR, SRI. SRIRANGA.S, ADVS.

ORDER :

In these writ petitions, the grievance of the writ petitioners who happen to be the beneficiaries of land acquisition in question is against the impugned judgment and award of the Reference Court made under Section 18 of the Land Acquisition Act, 1894, (hereafter “Act” for short) whereby the amount of compensation ultimately payable by the said beneficiaries has been enhanced without affording any opportunity of hearing to them.

2. After service of notice, the respondents have entered appearance through their counsel, who resist these petitions on the ground that the petitioners have an alternate and equally efficacious remedy of statutory appeal and therefore, they should be relegated to the same. In support of their submissions although they banked upon certain decisions, which directly have not considered the questions that arise from these cases, as stated in the paragraph infra.

3. The following two questions arise for consideration of this Court in these matters:

“i) whether the beneficiaries of the acquisition of lands are entitled to be heard by the Reference Court in considering the reference matters, regardless of they being parties to the proceedings or not?; and

(ii)




















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