2022 Supreme(Online)(Kar) 44268
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MSA No. 100066 of 2017
C/W MSA Nos. 100067 of 2017, 100068 of 2017, 100069 of 2017,
100070 of 2017, 100071 of 2017, 100072 of 2017
100073 of 2017, 100074 of 2017, 100075 of 2017,
100076 of 2017, 100077 of 2017, 100078 of 2017,
100079 of 2017 & 100080 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 07TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
MISCELLANEOUS SECOND APPEAL NO. 100066 OF 2017 (LA-)
C/W.
MISCELLANEOUS SECOND APPEAL NOs. 100067 OF 2017,
100068 OF 2017, 100069 OF 2017, 100070 OF 2017, 100071 OF 2017,
100072 OF 2017, 100073 OF 2017, 100074 OF 2017, 100075 OF 2017,
100076 OF 2017, 100077 OF 2017, 100078 OF 2017, 100079 OF 2017
AND 100080 OF 2017
IN MSA NO.100066/2017
BETWEEN:
THE EXECUTIVE ENGINEER,
ZILLA PANCHAYATH ENGINEERING DIVISION
(RURAL WATER SUPPLY and SANITATION DIVISION)
HOSAPETE ROAD, 2ND GATE,
COWL BAZAAR, BALLARI-583102.
…APPELLANT
(BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE)
AND:
1.
SMT. HARIJANA THIMMAKKA W/O MAREPPA
AGE: 52 YEARS, OCC:AGRICULTURIST
R/O: ASUNDI VILLAGE,
BALLARI TALUK, BALLARI DISTRICT.-583103
2.
THE LAND ACQUISITION OFFICER
CUM ASSISTANT COMMISSIONER,
BALLARI, BALLARI REVENUE SUB-DIVISION,
OFFICE OF DEPUTY COMMISSIONER COMPOUND,
BALLARI-583101.
…RESPONDENTS
(BY SRI. S. S. BETURMATH, ADVOCATE FOR R1;
SRI. VINAYAK V. S., HCGP FOR R2)
SHIVAKUMAR
HIREMATH
Digitally signed by
SHIVAKUMAR
HIREMATH
Date: 2022.06.10
11:46:37 -0700
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MSA No. 100066 of 2017
C/W MSA Nos. 100067 of 2017, 100068 of 2017, 100069 of 2017,
100070 of 2017, 100071 of 2017, 100072 of 2017
100073 of 2017, 100074 of 2017, 100075 of 2017,
100076 of 2017, 100077 of 2017, 100078 of 2017,
100079 of 2017 & 100080 of 2017
THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION
ACT,
1894,
AGAINST
THE
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:13/2015 ON THE FILE OF
THE II-ADDITIONAL DISTRICT JUDGE, BALLARI, PARTLY
ALLOWING THE APPEAL AND MODIFYING THE JUDGEMENT
AND DECREE DTD:28.04.2015 PASSED IN LAC NO.12/2012, ON
THE FILE OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, PARTLY ALLOWING THE PETITION FILED U/SEC.18
OF LAND ACQUISITION ACT.
IN MSA NO.100067/2017
SRI. H. SANNA HONNURAPPA
S/O. ERANNA
AGE: 57 YEARS, OCC:AGRICULTURIST
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JUDGEMENT
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:11/2015 ON THE FILE OF
THE SECOND ADDITIONAL DISTRICT JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGEMENT AND DECREE DTD:28.04.2015 PASSED IN LAC
NO.2/2013, ON THE FILE OF THE FIRST ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED U/SEC.18 OF LAND ACQUISITION ACT.
IN MSA NO.100068/2017
SMT. VANDRAMMA,
W/O. BUDKA LINGAPPA
AGE: 67 YEARS, OCC:AGRICULTURIST
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JUDGEMENT
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:12/2015 ON THE FILE OF
THE SECOND ADDITIONAL DISTRICT JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGEMENT AND DECREE DTD:28.04.2015 PASSED IN LAC
NO.3/2013, ON THE FILE OF THE FIRST ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED U/SEC.18 OF LAND ACQUISITION ACT.
IN MSA NO.100069/2017
SRI. HANUMANTHAPPA
S/O. HULUGAPPA
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JUDGEMENT
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:17/2015 ON THE FILE OF
THE SECOND ADDITIONAL DISTRICT JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGEMENT AND DECREE DTD:28.04.2015 PASSED IN LAC
NO.4/2013, ON THE FILE OF THE FIRST ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED U/SEC.18 OF LAND ACQUISITION ACT.
IN MSA NO.100070/2017
SMT. SUNKAMMA,
W/O. HANUMANTHAPPA
AGE: 57 YEARS, OCC:AGRICULTURIST
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JUDGEMENT
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:9/2015 ON THE FILE OF
THE SECOND ADDITIONAL DISTRICT JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGEMENT AND DECREE DTD:28.04.2015 PASSED IN LAC
NO.5/2013, ON THE FILE OF THE FIRST ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED U/SEC.18 OF LAND ACQUISITION ACT.
IN MSA NO.100071/2017
ZILLA PANCHAYATH RAJ ENGINEERING DIVISION
SMT. SHABEERA
W/O. ALLIPEERA
AGE: 57 YEARS, OCC:AGRICULTURIST
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JUDGEMENT
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:4/2015 ON THE FILE OF
THE SECOND ADDITIONAL DISTRICT JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGEMENT AND DECREE DTD:28.04.2015 PASSED IN LAC
NO.6/2013, ON THE FILE OF THE FIRST ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED U/SEC.18 OF LAND ACQUISITION ACT.
IN MSA NO.100072/2017
ZILLA PANCHAYATH RAJ ENGINEERING DIVISION
SRI. H. NAGABHUSHANA
S/O. HULEGAPPA
AGE: 57 YEARS, OCC:AGRICULTURIST
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JUDGEMENT
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:5/2015 ON THE FILE OF
THE SECOND ADDITIONAL DISTRICT JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGEMENT AND DECREE DTD:28.04.2015 PASSED IN LAC
NO.7/2013, ON THE FILE OF THE FIRST ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED U/SEC.18 OF LAND ACQUISITION ACT.
IN MSA NO.100073/2017
SMT. BHAGYAMMA, W/O. MURUKALAIAH
D/O. LATE GOURAMMA
AGE: 37 YEARS, OCC:AGRICULTURIST
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JUDGEMENT
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:3/2015 ON THE FILE OF
THE SECOND ADDITIONAL DISTRICT JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGEMENT AND DECREE DTD:28.04.2015 PASSED IN LAC
NO.8/2013, ON THE FILE OF THE FIRST ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED U/SEC.18 OF LAND ACQUISITION ACT.
IN MSA NO.100074/2017
ZILLA PANCHAYATH RAJ ENGINEERING DIVISION
SRI. MOKA CHANDRA
@ VALMIKI CHANDRA
S/O. LATE KARTHEPPA
AGE: 56 YEARS, OCC:AGRICULTURIST
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JUDGEMENT
&
DECREE
DTD:23.04.2016 PASSED IN M.A.NO:6/2015 ON THE FILE OF
THE SECOND ADDITIONAL DISTRICT JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGEMENT AND DECREE DTD:28.04.2015 PASSED IN LA