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2023 Supreme(Kar) 347

R. DEVDAS, RAJESH RAI K.
Bagalkot Cement & Industries Ltd. – Appellant
Versus
Special Land Acquisition Officer, Bagalkot Town Development Authority (BTDA) – Respondent


Advocates Appeared:
For the Appellant : Sri. Ashok Haranahalli, Sr. Counsel for Sri. S.B. Hebballi, Sri. Ankit Rajgarhia, Ms. Yashodhara Gupta and Sri. Meeran Maqbool.
For the Respondents:Sri. G.K. Hiregoudar, Sri. Prabhuling Navadagi, Advocate General Smt. Vidyavathi M. Kotturshettar, AAG & Sri. V.S. Kalasurmath, HCGP.

JUDGMENT :

These Miscellaneous First Appeals are filed by a common appellant-M/s. Bagalkot Cement & Industries Limited, aggrieved of the common judgment dated 25.04.2019 passed in LAC No.173 of 2003 and connected matters by the II Additional Senior Civil Judge & JMFC, Bagalkot (hereinafter referred to as ‘Reference Court’ for short) under the provisions of Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ’the L.A. Act’) rejecting the claim of the appellant for award of compensation in respect of the sub-soil/minerals underneath the soil of the acquired properties. Since the parties to the proceedings are common and the issue raised is also common, these appeals are disposed of by this common judgment.

2. At the threshold, we should make it clear that although prayers are made in all these appeals seeking enhancement of compensation even in respect of the acquired lands (top-soil), nevertheless, no arguments have been canvassed on behalf of the appellant in that regard. Therefore, these appeals are confined to the issue as to whether the appellant is entitled for award of compensation in respect of the minerals lying underneath the sub-soil of the acquired land

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