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2023 Supreme(Kar) 134

R. DEVDAS, RAJESH RAI K
Nalini W/o Manjunath Kamat – Appellant
Versus
Chief Secretary – Respondent


Advocate Appeared:
For the Appellant :Rajesh Mahale, Sri. S.V.Shastri, Sri. Irfan Jalgar, Sri. Ismail Jalgar, And Sri. Vijay S. Chiniwar, Advocates
For the Respondent: Sri.V.S Kalasurmath, HCGP

JUDGMENT :

RAJESH RAI K., J.

These two appeals arise out of the judgment and award passed in LAC No.87/2013 dated 21.01.2015 passed by the by the III Addl. Senior Civil Judge Hubballi (for short ’Reference Court’).

2. MFA No.102248/2015 is filed by the petitioner/appellant to modify the judgment and award passed in LAC No.87/2013 for enhancement of the award granted by the Reference Court and MFA No.103444/2016 is filed by the Government praying to set aside the judgment and award passed in LAC No.87/2013 by the Reference Court and thereby restore the award passed by the Land Acquisition Officer in award No.LAQ/CR/68/20122013 dated 14.03.2013. Both appeals are filed under Section 54(1) of Land Acquisition Act, 1894 (for short’ the Act’).

3. Brief facts which are relevant for the purpose of disposal of these appeals are that the appellant in MFA No.102248/2015 was the owner of the land measuring 2 acres 12 guntas comprised in R.S.No.34/2 of Mariyan Thimmasagar village, Hubballi taluk. The respondent No.2 in the appeal i.e. the Principal Secretary to the Revenue Department, Governmen

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