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2024 Supreme(Online)(KAR) 721

HIGH COURT OF KARNATAKA
HANCHATE SANJEEVKUMAR, J
H.S. SHIVARUDRAIAH – Appellant
Versus
ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER TIPTUR TALUK – Respondent


Advocates:
For the Appellants/Petitioners: SRI. VINAYA KEERTHY M
For the Respondents: SRI. MANJUNATH. V. RAYAPPA

Table of Content
1. challenging dismissal of appeals based on delay. (Para 1 , 2 , 3)
2. court's observation on need for thorough evaluation of evidence. (Para 4)
3. court's decision to remand the case for fresh adjudication. (Para 6)

JUDGMENT

These three appeals are filed by the claimants/land owners praying to set aside the orders dated 07.12.2016 passed by the V Addl. District and Sessions Judge, Tiptur, in R.A.Nos.10002/2016, 10003/2016 and 10004/2016 respectively, and confirm;

(i) order dated 15.02.2010 passed in LAC No.8/1990;

(ii) order dated 28.01.2003 passed in LAC No.18/1990; and (iii) order dated 02.01.2010 passed in LAC No.31/1990.

2. The reference court has dismissed the reference petitions of the claimants against which the appeals are preferred by the claimants before the first appellate court and said appeals were dismissed on the ground of delay.

Therefore, the claimants are before this Court.

3. The agricultural lands of the claimants/appellants herein were acquired for the purpose of construction of Hemavathi Canal and the Special Land MSA No. 78 of 2019 Acquisition Officer (for short ‘SLAO’) has fixed the compensation of Rs.39,354/-, Rs.31,391/- and Rs.23,151/- respective

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