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2023 Supreme(Kar) 2

N. S. SANJAY GOWDA
Ugar Sugar Works Limited, A Public Limited Company Registered under Companies Act, 1956, Represented by its Managing Director – Appellant
Versus
State of Karnataka, Dept. of Irrigation, Vidhana Soudha, Dr. B. R. Ambedkar Veedhi, Bengaluru-560001 Rep. by its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Sri H.N. Shashidhara, Senior Counsel for Sri. Anand C. Desai
For the Respondents: Sri. Umesh C. Ainapura, Sri. Shreevatsa S. Hegde, Smt. V. Vidyavati, for Vinayak S. Kulkarni.

ORDER :

1. In this writ petition, acquisition of 86 acres 35 guntas of land situated at Kusanal Village and Ugar Khurd Village of Belagavi District is questioned by the petitioner -Company.

2. Petitioner, a public limited company, contends that it is the tenant of these lands and they were inducted as tenants under registered Lease Deeds dated 04.09.1951 and 16.02.1972. They also contend that they have made an application seeking for conferment of occupancy rights as provided under the Land Reforms Act and the same is pending adjudication before the Land Tribunal.

3. A notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, hereinafter referred to as "the 2013 Act") was issued on 31.05.2016 proposing to acquire a total of 86 acres 35 guntas of land comprised in Sy.No.127/P1 (measuring 16 acres 24 guntas), Sy.No.128 (measuring 34 acres 37 guntas) and Sy.No.129 (measuring 35 acres 14 guntas) for the purpose of establishment of a Rehabilitation Centre at Kusanal Village as a result of

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