IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCHAT
DHARWAD.
EATED THIS THE 24%! DAY OF NOVEMBER,_'~*ééE(§$;.
PRESENT H %
THE I-ION'BLE MRJUSTICE K.
ANDEEEEEET A E E
THE I-ION'BLE MR. JUSTICE E3Si§E:EN1vAsE~Qov}DA
M.F.A.Nc5; '1
BETWEEN '
1. THE SPL LAO "
HUBLI~ANK0L1X.V.RAI}.L Aar BR«:3A,1)+GA.GE
ANKOLA. EEEE .
A % Ak ....APPELLANT.
(By Sri. C.S'._'PATI'Lv:AۤA;) A: ' E
2. MARITHAMAPPA KALLIMANI
AGEING YEAS'
O(3C:~"A_(}.'E2I"G1}LTU_I€E
12/ 0 ADHAEAEUECHI HUBLI
THE Ass? ENGIENER
E --.,'_j'j.{f3(}NS'1'RU(.'ZFION scum WESTERN RAILWAYS)
, c1.UBRoAD,HuEL1
ms')? HUELI. RESPONDENTS
E %s;-Ti. VIGNESHWAR s SHASTRY ADV. FOR R1)
MFA IS FILED 1178 54(1) OF LA ACT AGAINST THE
EEVJEIJDGMENT AND AWARD DATED 22/9/06 PASSED IN LAC
NOI48/O4 ON THE FILE OF THE PRLCIVIL JUDGE (SRDN),
HUELI, PARTLY ALLOWING THE REFERENCE PE'I'I'I'ION FOR
ENHANCED COMPENSATION.
Cg/.
This Appeal is coming on for hearing this day, SREEDHAR
RAG, J ., delivered the following: -
JUDGMENT
Special Land Acquisition Officer conic’ ”
ehallengng the grant of compensation as”Aexcjessive.._’ i’ it
2. The appellant has acqnired
preliminary notification datzecl }.2.5. (}.5VV:fo1″‘Vti’1e and
the said lands are similarly owners in respect of
acquisition under — notification dated 12.5.05 have
entered into an ia’g.rev cement” award is passed ganting
Rs.6..Q0,00Q. conipensation ganted by consent award
incincies ;solVatinn;i,–.4VA:Vmnrket value and the suuctures, if any,
In the instant case, the notification is of
the year is clear gap of 3 years. Therefore, it would
iifesisonable to give depreciation in value at the rate of
it it A At that rate, if 15% depreciation is allowed, the value
ivould be Rs. 5,10,£}OO per acre as against Rs.10,00,000/-
aere assessed by the reference Court. Accordingly, the appeal is
ailowed without cost. The compensation awarded by the reference
Court is modified to Rs.5, 10,000/—- per acre.
3
The counsel for the appellant submits that excess«jVaIfi,-citipn is
made and higher Court fee is paid by ‘$9
verify and refund the excess Court fee, ifiany,
* I”*5ge
Nm.
Paid dr§Tfia駔appea.i.’A ” % :’