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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
H.S. Somashekar, S/o. Late H. Shivanna – Appellant
Versus
Special Land Acquisition Officer, Karnataka Industrial Areas Development Board, Metro Rail Project, Bangalore – Respondent
ORDER :
V.SRISHANANDA, J.
1. Heard Sri. P.N., Rajeshwara, learned counsel for the petitioner and Sri. P.V. Chandrashekar, learned counsel for the respondents.
2. Claimant in LAC No.34/2016 is the revision petitioner challenging the Order passed by the Reference Court dated 04.01.2022 whereby the reference application under Section 18 (3)(b) of the LAND ACQUISITION ACT , 1894 read with Section 34 of the Code of Civil Procedure came to be dismissed. Operative portion of the order reads as under:
"The petition filed by the claimant/petitioner under Section 18(3)(b) of L.A. Act, 1894 r/w Section 24 of CPC is dismissed."
3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:
3.1 Respondent/KIADB acquired land belonging to the petitioner by issuing necessary notification for the purpose of construction of metro rail project. After the notification came to be issued, claimant and acquiring authority sat together for the determination of the adequate and just compensation and arrived at a settlement and consent agreement was drafted (Ex.P8). In the said consent agreement, it has been agreed as under:
3.2 The details of the acquired land is furni
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Court emphasized equality in compensation determination, clarifying that an application under Section 28-A is valid despite delays if based on previous awards for similar land acquisitions.
The court upheld the Reference Court's enhanced compensation for acquired land, emphasizing the need for evidence-based valuation while modifying the interest rate to 9% per annum from the date of aw....
Sections 12 read as award of Collector when to be final.
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
The main legal point established in the judgment is the determination of compensation under the Land Acquisition Act, including the market value of the acquired land and the entitlement to statutory ....
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