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c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K MFA.NO.7952/2014 (LAC) C/W MFA NO. 9570/2015(LAC)
C/W MFA.NO.7958/2014 (LAC) C/W MFA NO.6424/2015 (LAC)
C/W MFA.NO.582/2015 (LAC) C/W MFA NO.6426/2015 (LAC)
C/W MFA.NO.583/2015 (LAC) C/W MFA NO.6428/2015 (LAC)
C/W Dig itally MFA.NO.6425/2015 (LAC) C/W MFA NO.7953/2014 (LAC)
signed by D K BHASKAR Location: MFA.NO.7952/2014 (LAC):
High Court of BETWEEN:
Karnataka E UMESHA S/O ERAIAH @ VEERASWAMY AGED ABOUT 45 YEARS R/O PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571401.
…APPELLANT (BY SRI. P MAHESHA - ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 PANDAVAPURA MANDYA DISTRICT-571401.
2. DEPUTY CONSERVATOR OF FORESTS WILD LIFE DIVISION MYSORE DISTRICT-570001. 3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
4. PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
5. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
…RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI – HCGP FOR R-1 TO R-5)
MFA FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.37/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, ENHANCING THE COMPENSATION FROM Rs.76,230/- PER GUNTA (30,49,200/- PER ACRE) TO Rs. 300/- PER SQ.FEET (1,26,86,244/-) Rs. 3,26,700/- PER GUNTA.
MFA.NO.9570/2015 (LAC):
BETWEEN:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014
2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
3. THE DEPUTY CONSERVATOR OF FORESTS WILDLIFE DIVISION MYSORE DISTRICT-570001.
4. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
5. THE SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE PANDAVAPURA MANDYA DISTRICT-571401.
…APPELLANTS (BY SRI. GOPALAKRISHNA SOODI – HCGP)
AND:
SRI. E UMESHA S/O SRI. ERAIAH @ VEERASWAMY AGED ABOUT 54 YEARS R/O PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571425.
…RESPONDENT (BY SRI. P MAHESHA - ADVOCATE)
MFA FILED U/S 54(1) OF THE KARNATAKA LAND ACQUISITION ACT R/W ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.37/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, WHEREBY THE REFERENCE COURT MODIFIED THE AWARD OF THE FIFTH APPELLANT AND TO DISMISS THE REFERENCE, OR IN THE c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 ALTERNATIVE TO SUITABLY REDUCE THE COMPENSATION AWARDED BY THE REFERENCE COURT.
MFA.NO.7958/2014 (LAC):
BETWEEN:
1. E GOPALAKRISHNA (SINCE DECEASED)
REP. BY HIS LRS’
a) MANJULA W/O LATE E. GOPALAKRISHNA AGED ABOUT 53 YEARS b) VATHSALA. G W/O NARAYANA BABU D/I LATE E. GOPALAKRISHNA c) PRASHANTH G S/O LATE E. GOPALAKRISHNA AGED ABOUT 25 YEARS ALL ARE R/O NO.77 HALLADAKERI, PALAHALLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571401.
…APPELLANTS (BY SRI. P MAHESHA - ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE PANDAVAPURA MANDYA DISTRICT-571401.
2. DEPUTY CONSERVATOR OF FORESTS WILD LIFE DIVISION MYSORE DISTRICT-570006.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014
3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
4. PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
5. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
…RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI – HCGP FOR R-1 TO R-5)
MFA FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.39/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, ENHANCING THE COMPENSATION FROM Rs.70/- PER SQ.FEET (30,40,200/- PER ACRE) TO Rs. 300/- PER SQ.FEET (2,17,80,000/- PER ACRE).
MFA.NO.6424/2015 (LAC):
BETWEEN:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 3. THE DEPUTY CONSERVATOR OF FORESTS WILDLIFE DIVISION MYSORE DISTRICT-570001.
4. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
5. THE SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE OFFICE OF THE ASSISTANT COMMISSIONER PANDAVAPURA MANDYA DISTRICT-571401.
…APPELLANTS (BY SRI. GOPALAKRISHNA SOODI – HCGP)
AND:
1. SRI. E GOPALA KRISHNA (SINCE DECEASED)
REP. BY HIS LRS’
a) SMT. MANJULA W/O LATE E. GOPALAKRISHNA AGED ABOUT 53 YEARS b) SMT. VATHSALA. G W/O NARAYANA BABU D/I LATE E. GOPALAKRISHNA c) SRI. PRASHANTH G S/O LATE E. GOPALAKRISHNA AGED ABOUT 25 YEARS ALL ARE R/O NO.44
1ST CROSS, 1ST MAIN K.N. EXTENSION, YESHWANTHAPURA BENGALURU - 560022.
…RESPONDENTS (BY SRI. P MAHESHA - ADVOCATE)
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 MFA FILED U/S 54(1) OF THE KARNATAKA LAND ACQUISITION ACT R/W ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.39/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, WHEREBY THE REFERENCE COURT MODIFIED THE AWARD OF THE FIFTH APPELLANT AND TO DISMISS THE REFERENCE, OR IN THE ALTERNATIVE TO SUITABLY REDUCE THE COMPENSATION AWARDED BY THE REFERENCE COURT.
MFA.NO.582/2015 (LAC):
BETWEEN:
1. MUNISWAMY (SINCE DECEASED)
REP. BY HIS LRS’ a) HEMAVATHI W/O LATE E. MUNISWAMY AGED ABOUT 54 YEARS b) MANU D/O LATE E. MUNISWAMY AGED ABOUT 34 YEARS BOTH ARE R/O PALAHALLI VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT.
…APPELLANTS (BY SRI. P MAHESHA - ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE PANDAVAPURA MANDYA DISTRICT-571401.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014
2. DEPUTY CONSERVATOR OF FORESTS WILD LIFE DIVISION MYSORE DISTRICT-570006. 3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
4. PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
5. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
…RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI – HCGP FOR R-1 TO R-5)
MFA FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.36/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, ENHANCING THE COMPENSATION FROM Rs.76,230/- PER GUNTA (30,40,200/- PER ACRE) TO Rs. 300/- PER SQ.FEET (1,30,68,000/- ) RS. 3,26,700/- PER GUNTA.
MFA.NO.6426/2015 (LAC):
BETWEEN:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014
2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
3. THE DEPUTY CONSERVATOR OF FORESTS WILDLIFE DIVISION MYSORE DISTRICT-570001.
4. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
5. THE SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE OFFICE OF THE ASSISTANT COMMISSIONER PANDAVAPURA MANDYA DISTRICT-571401.
…APPELLANTS (BY SRI. GOPALAKRISHNA SOODI – HCGP)
AND:
1. SRI. MUNISWAMY (SINCE DECEASED)
REP. BY HIS LRS’
a) SMT. HEMAVATHI W/O LATE E. MUNISWAMY AGED ABOUT 48 YEARS R/O PALAHALLI VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT-571438.
b) SMT. MANU W/O LOKESH D/O LATE E. MUNISWAMY AGED ABOUT 29 YEARS R/AT DOOR NO.528, MARIGUDI ROAD c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 HUNSUR TOWN, HUNSUR – 571105.
…RESPONDENTS (BY SRI. P MAHESHA - ADVOCATE)
MFA FILED U/S 54(1) OF THE KARNATAKA LAND ACQUISITION ACT R/W ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.36/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, WHEREBY THE REFERENCE COURT MODIFIED THE AWARD OF THE FIFTH APPELLANT AND TO DISMISS THE REFERENCE, OR IN THE ALTERNATIVE TO SUITABLY REDUCE THE COMPENSATION AWARDED BY THE REFERENCE COURT.
MFA.NO.583/2015 (LAC):
BETWEEN:
V. MANJUNATH S/O ERAIAH @ VEERASWAMY AGED ABOUT 54 YEARS R/O PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATTANA TALUK MANDYA DISTRICT – 571401.
…APPELLANT (BY SRI. P MAHESHA - ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE PANDAVAPURA MANDYA DISTRICT-571401.
2. DEPUTY CONSERVATOR OF FORESTS WILD LIFE DIVISION MYSORE DISTRICT-570006. 3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 VIDHANASOUDHA BUILDING BANGALORE-560001.
4. PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
5. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
…RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI – HCGP FOR R-1 TO R-5)
MFA FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.34/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, ENHANCING THE COMPENSATION FROM Rs.76,230/-/- PER GUNTA (30,49,200/- PER ACRE) TO Rs. 300/- PER SQ.FEET (1,30,68,000/- PER ACRE) WITH ALL STATUTORY BENEFITS.
MFA.NO.6428/2015 (LAC):
BETWEEN:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
3. THE DEPUTY CONSERVATOR OF FORESTS WILDLIFE DIVISION MYSORE DISTRICT-570001.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014
4. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
5. THE SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE OFFICE OF THE ASSISTANT COMMISSIONER PANDAVAPURA MANDYA DISTRICT-571401.
…APPELLANTS (BY SRI. GOPALAKRISHNA SOODI – HCGP)
AND:
SRI V. MANJUNATH S/O SRI ERAIAH @ VEERASWAMY AGED ABOUT 54 YEARS R/O PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATTANA TALUK MANDYA DISTRICT – 571438.
…RESPONDENT (BY SRI. P MAHESHA - ADVOCATE)
MFA FILED U/S 54(1) OF THE KARNATAKA LAND ACQUISITION ACT R/W ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.34/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, WHEREBY THE REFERENCE COURT MODIFIED THE AWARD OF THE FIFTH APPELLANT AND TO DISMISS THE REFERENCE, OR IN THE ALTERNATIVE TO SUITABLY REDUCE THE COMPENSATION AWARDED BY THE REFERENCE COURT.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 MFA.NO.6425/2015 (LAC):
BETWEEN:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
3. THE DEPUTY CONSERVATOR OF FORESTS WILDLIFE DIVISION MYSORE DISTRICT-570001.
4. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
5. THE SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE OFFICE OF THE ASSISTANT COMMISSIONER PANDAVAPURA MANDYA DISTRICT-571401.
…APPELLANTS (BY SRI. GOPALAKRISHNA SOODI – HCGP)
AND:
SRI. RAMESHA S/O NARAYANASWAMY @ MOOGA AGED ABOUT 42 YEARS R/O PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK – 571438.
…RESPONDENT (BY SRI. P MAHESHA - ADVOCATE)
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 MFA FILED U/S 54(1) OF THE KARNATAKA LAND ACQUISITION ACT R/W ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.38/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, WHEREBY THE REFERENCE COURT MODIFIED THE AWARD OF THE FIFTH APPELLANT AND TO DISMISS THE REFERENCE, OR IN THE ALTERNATIVE TO SUITABLY REDUCE THE COMPENSATION AWARDED BY THE REFERENCE COURT.
MFA.NO.7953/2014 (LAC):
BETWEEN:
RAMESHA S/O NARAYANASWAMY @ MOOGA AGED ABOUT 46 YEARS R/O PALAHALLI VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK – 571401.
…APPELLANT (BY SRI. P MAHESHA - ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER OFFICE PANDAVAPURA MANDYA DISTRICT-571401.
2. DEPUTY CONSERVATOR OF FORESTS WILD LIFE DIVISION MYSORE DISTRICT-570006. 3. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANASOUDHA BUILDING BANGALORE-560001.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014
4. PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING BANGALORE-560001.
5. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
…RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI – HCGP FOR R-1 TO R-5)
MFA FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 14.08.2014 PASSED IN LAC NO.38/2011 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE & JMFC, SRIRANGAPATTANA, ENHANCING THE COMPENSATION FROM Rs.70/- PER SQ.FEET (30,49,200/- PER ACRE) TO Rs. 300/- PER SQ.FEET (1,30,68,000/- PER ACRE).
THESE MFAs, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
The appeals in MFA 7952/2014, MFA No.9570/2015, MFA.No.7958/2014 and MFA No.6424/2015 are listed for Orders. Further, the appeals in MFA No.582/2015, MFA No.6426/2015, MFA No.583/2015, MFA No.6428/2015, MFA No.6425/2015 and MFA No.7953/2014 are listed for Final Hearing.
2. With the consent of the learned counsel appearing for the respective appellants and respondents inclusive of the learned HCGP for the appellant / State in some matters, all these appeals are taken up for hearing together and are disposed of by this common order.
3. Heard the learned counsel Shri P. Mahesha for the respective appellants and the respective respondents and so also the learned HCGP for the State in the respective appeals inclusive of the other counsel for appellants and respondents respectively in all these appeals.
MFA No.7952/2014 and MFA No.9570/2015 arise out of a judgment and award passed by the Reference Court in LAC No.37/2011 dated 14.08.2014.
MFA No.7958/2014 and MFA No.6424/2014 arise out of a judgment and award passed by the Reference Court in LAC No.39/2011 dated 14.08.2014.
MFA No.582/2015 and MFA No.6426/2015 arise out of a judgment and award passed by the Reference Court in LAC No.36/2011 dated 14.08.2014.
c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 MFA No.583/2015 and MFA No.6428/2015 arise out of a judgment and award passed by the Reference Court in LAC No.34/2011 dated 14.08.2014.
MFA No.6425/2015 and MFA No.7953/2014 arise out of a judgment and award passed by the Reference Court in LAC No.38/2011 dated 14.08.2014.
4. In all these appeals which are connected to each other, the State Government had issued a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 followed by a Final notification under Section 6(1) of the Land Acquisition Act, 1894. The aforesaid notifications were issued by the competent authority for acquiring the lands belonging to the claimants bearing the following survey numbers:
i) Sy.No.81/1 measuring an extent of 34 guntas, ii) Sy.No.81/2 measuring an extent of 20 guntas iii) Sy.No.80/1 measuring an extent of 30 guntas iv) Sy.No.81/2 measuring an extent of 20 guntas v) Sy.No.80/2 measuring an extent of 16 guntas c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 which were partitioned to the respective sharers who were the claimants before the Land Acquisition Proceedings. Hence, the issues involved in all these appeal proceedings appears to be one and the same relating to issuance of 4(1) and 6(1) notifications in respect of acquiring the property by the competent authorities.
5. Learned counsel Shri P. Mahesha for claimants respectively in these appeals, has taken us through the contents made in Exhibit P-11 relating to the judgment rendered by this Court in MFA No.11008/2011 (LAC), wherein Rs.400/- per sq.ft. along with statutory benefits has been awarded as compensation. This contention is made by the learned counsel for the appellants in all these matters respectively for intervention.
6. In view of the fact that compensation towards the lands that were acquired from the claimants was awarded at Rs.70/- per sq.ft., the learned counsel seeks for enhancement of the award of compensation at the rate of Rs.400/- per sq.ft. The lands were acquired for the purpose of expansion of the world famous ‘Ranganathittu Bird Sanctuary’ situated in the c/w MFA No. 583/2015 C/W MFA No.6428/ 2015 c/w MFA No. 6425/2015 C/W MFA No.7953/ 2014 limits of Srirangapatna Taluk, Mandya District, which is carrying on commercial activity and fetching sources of income to the State. On these grounds, the learned counsel for the claimants seeks for consideration of the grounds urged in all these appeals. He submits that if the same is not intervened, it would result in a miscarriage of justice to the appellants / beneficiaries who are the claimants respectively in the aforesaid appeals.
7. The second limb of arguments advanced by the
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