WP 600519007 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9TH DAY OF JUNE, 2003 j BEFORE THE HONBLE MR.JUSTIC_E.B,-_S-13A;'I'i'L" 571; 1 " BETWEEN: ENDIAN SPACE RESEARCH ORGANIZATiON,_ MASTER CONTROL F'ACILI'FY,.«. _ P.B.NO.66, HASSAN --- 573201. REPRESENTED BY ~ AND: 1. K.LAcHMEGo_w'DA,-3». S/O KARIGQWDA, '- * MAJOR, . ._ R 10 KANCHAMARANAHALLI VILLAGE, KASABA HOBLI, H'EssANAfrALUK, " '' "HASSAN ?..r3!S'F}§ICT ---- 573' 201. 2. S'FATE DR .KE.R1JA"r.AKA, REPREsEN*:*z%:.D113¥" THE SPECIAL. LAND ACQUISITION OFFICER cum '.VAss1s'r..-ma? COMMISSIONER, RAEEAN v13DE--D1v1s1oN, 'V " ;»HAss5N --- 573 201. ..RESPONDENTS
(3? sR1″M.E.NARGuND, ADV. FOR R-1;
‘ _ SR1 M.KEs1~IAvAREDDY, AGA FOR R-2)
THIS F’E’I’i’I’ION IS FILED UNDER ARTICLES 226 8.5 227 OF
‘THE CONSTITUTION OF INDIA PRAYING TO QUASI-I THE
E. JUDGMENT AND AWARD DT. 16.9.2006 IN LAC N068/2006 ON
THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN.) AT HASSAN, VIDE
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3
affording any oppemmity to the beneficiary. Placing reIianee–.on
the judgment of the Apex Court in fl£fs.Ncyvety ” ,
Ltd., as. Special ‘Tahsildar (Land Acquisltiaiig, 1 ” id
reported in AIR 1995 SC 1004, 1e;»;aiii:¢c:« ,_C§9unse1″
petitioner Sri C.Shashikat1t11 submits
award passed by the Court and
unsustainable. He fi1rt}1er:”s.}1bmits’ tithe petitiomii’ is not
calling in question the it: so far as the
determination of of land, but the
chailenge is determined in
respect of brings to the notice of
the Court, Ame by the Division Bench of this
Court on 31.ic.,20:)?9″‘i§V i¥m§;:1″,.es1i911/2005, wheijein in similar
the fellowi-11g the judgment of the
-hereiti above, ailowed the appeal in part
V at the instance of the petitioner
dvhexein adjadieafing the dispute in so far as detenniaation of
Veozazipezzsatioii for the standing trees was concerned.
h”,Learned Counsel appearing for the parties having argued
‘thewimatter for some time, have exgressed their consent for
p an order in the same terms as is done in MFA
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4
11911/2006 only with regard to the adjudication of the
for eozrepensation in respect of the standing trees snd..to.’ ”
the matter to that extent for fresh consideration T’
disturbing the award passed as regardsrhthelundiarlret
the compensation determined for the lands._ittVo1ved.fiV_«_sgo§a,ve\ts1;;…_Vi’
learned Counsel for the
claimant may be pemiitted to nt.theViV”s;r1o1ir1tV”defiosited
by the petitioner in so far ipei~thj;:i;s!’V:.tovilleompensation
awarded for the to deposit
the amount gudgment for the
standing disposal of the
reference. “by the Counsel for the
petitioner is In the light of the above, this
_ following terms: –
5. lPr.stheA pertains to only enhancement in respect of
e»..A_c.oeonut .tri:es, ‘isitiugned judgment and award in so far as it
to .. determination of market value and award of
«i.’co”mperis;até,on for the standing coconut trees alone is set aside,
inatter is remitted to the reference Court for fresh
. 1 ,.___cor-asideration by afibrding an opportunity to all the parties to
evidence. The evidence to be adduced shall be confined
WP 6005/2007
to the standing coconut trees only. The petitioner ..
heard and given an opportunity of being impleadedréxsv H
respondent and shall be afforded Vt
evidence. The reference court shall pass
and awaxd with regaswd to the ‘only,
Within a period of four montns ~br;i_ate: of.1.~et:c1;pt otia copy
of this order. Petitioner of the trees as
determined in the within a
period of eight weeliss T . tt
6. If the iié§s””not yet Withdrawn the
amount of in respect of the land
involved, he Withdraw the same.
V. = petitionstands disposed of, with no order as
to ‘ n x