IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 20TH DAY OF AUGUST_,;"2'G.1§I.'._j: A'
THE HON'BLE MR. JIISTIC;E'"A;S.. AECOIéANNAO:
MISCELLANEOUS FIRST APPEAL_NC;'.'2OI4OI9_/2009" :iI;._AC:3_:'
BETWEEN:
BHIMANAGOUDA TAMMANAWOOUDA PATIL-,,_
AGE: 46 YRS.,OCC: AO~RIL._;" M' " "
R/O: ZUNJURWAD, TQ: 'ATHAPJI;
DIST: BELGAUM. - A
_I, { x .>fC~S~:TE.APPELLANT
[By Sri. ANIL
AND
THE SPECIAL LA_NDA'A»C"Q_USITION OFFICER,
UPPER KRISHNA PROJECT, JAMKHANDI,
OIST[:'13AGALI<OT.' I
. " ~~~~~ RESPONDENT
'(}f_§i3¥y' SIyIT;*~I\xIEOI_»IA C KOLEKAR, HCGP]
U/S 54(1) OF LAND ACQUISITION ACT,
AC'AINS_*I"' .,TEE IUDO'I?,MENT AND DECREE DATED:
15/04/Z006: PASSED IN L.AIC.NO.146/2004 ON THE FILE OF
VLTHE CIVIL JUDGE (SRDN) AND ASST. SESSIONS JUDGE,
" \°ATI~'IANI, PARTLY ALLOWING THE REFERENCE PETITION
_ I?O'R:EN'I--IANCEI) COMPENSAT.ION.
Z
A
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned Government Advocate to take.__:notice’ V’
the respondents, and file merno;’ofapp_eararicei ‘infour
weeks.
2. The land loser in pefore
this Court seeking enhaidiieeriie’ value as
against the Court by its
common The reference
Court mariiietivzvalue of the acquired
land for irrigated land. The
Land looser o”1ain1a1’1t is seeking further enhancement of
iearned counsel for the parties and
C perused appeal papers.
it /§. The fact which is not in dispute is that the land
it ::i_4″‘i1i”duestion in the instant case is acquired for the Upper
i
Krishna Project and lands are situated in Zunjurwad
Village at Athani Taluk, Beigaum Districts’fl:’fTi’he
preliminary notification was issued on 15/.A5;/
the time of hearing, the learned.’gcoiinise’i.–iI,’4for.A.i_fthe..
appellant has brought to the notice
respect of the lands situated-v__in..gtheiisameugifi_1lage'”Which it
also had the same potentia;1’,””in_:’jashmuchiasthey are
irrigated lands and grown, this
court by 2009 in MFA
No.39o:2 the’V–market value of the
prope1j’tiyiper._iaere.
that i”ie’rLisa1 of the certified copy of
the _ju.dgernen:t MFA No.3902/2008 would
. iA”‘ind’i(:ate”th’atthisCotirt while awarding the said market
is-valtzegi’ hajdgg ‘re1’i.e.’ci on earlier judgement of this Court in
MFA… N._cJ.’1.2i’ii95/2006 wherein the lands in question
Vigghiiwegre acqilired for very same purpose and situated in the
Sartre” area. From a further perusal it is seen that infact
V
4 \
in the case in MFA N0. 12195/2006, the issue related to
the very same preliminary notification dated 15/=3′
which is the subject matter of this V’
keeping this aspect in View the:”mar1<et
present case requires to be enhanCed'–Q1i the' sam.e«.r"ate.VvV"
6. Accordingly, the appeaiis a11V.wedu.ir1_: The
market Value in respeCt..V_0f queistviorivvis fixed
at 2,153,000/–per acre. ‘The a’p1E§e’11a:it* Ti;sia1.so entitled to
the statutory;be:iLefits::__as *e::w}r’e11’«.a’si«]”th§_:fCost incurred in
this appeal.
gfife
E”
vmb/1» .. K