Madeppa vs The Spl Lao on 3 November, 2009

Karnataka High Court
Madeppa vs The Spl Lao on 3 November, 2009
Author: A.S.Pachhapure
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH
AT GULBARGA  

DATED THIS THE 3RD DAY OF NOVEMR.,s;R_{2t§O9A 
BEFORE      I.

THE HON'BLE MR.JUSTIC_E~~.A.4S.FACVHfiAf5URE  A ' 

CROSS OBJECTIO1§E4NO.I1'zi9/12QCAL:V   fa'
IN MFA NO%.345*7./2002 I;;:_I;§§;_ I 1]

BETWEEN

I. MADEPPA   ,
Age:39 "      W.
39 YRS s__/O RE.V_A,1\I_'ASI.DDAPPA'= ~ 
SINCEDEAD BY LRS  S/O MADEPPA
R/O GIAD}i;I_NGADALLI,. CHINCHOLLI
 I I.  
(By Sri{'~,'f3;:nt : SACIF1'IN M.1_\§/IAHAJAN]
Age:65 -- '   
S/'Q _ASI-DDAPPA
A. 65 YRS,' R./O CADILINGADALLI
..  CHINCHOLLI, CULBARCA  Cgosé --O3JE:f:*rog-3

A jiBy  M.MAI~IAJAN)

LL ~  '  GULBARGA

 ', THE SPECIAL LAND ACQUISITION OFFICER
FOR M AND MIP

 RESPONDENT

[By Sri: MALLIKARJUN SAHUKAR, HCGP)

MFA.CROB. FILED U/O 41 RULE 22 OF CPC
AGAINST THE JUDGEMENT AND AWARDDATED
01.01.2002 PASSED IN LAC NO. 25/99 ON~4f’rHE_’EILE
OF THE PRL. CIVIL JUDGE {SR DN),_;”‘GU.Ll3ARGA,

PARTLY ALLOWING THE REFERENCE 1″?E;T,ITI:ON”
ENHANCED COMPENSATION AND ‘EURf1’HEIz

ENHANCEMENT OF COMPENSA’I’iON;–.¢

THIS CROSS OBJECTIaVO.NE”*.V_xCOMING ‘«ON”‘~EOR
ADMISSION THIS DAY, THE CO’URTVDELIV}3RF-D THE
FOLLOWING:


'  ._'"jIJ

 

 G    _

 with the
  for the land bearing
   acres 23 guntas of

Gadivii11gLadaha_iI\1′:.E:V’Vililaéie; “JTq.Chincho1i acquired by the

resp’OIfIderIt;» preferred this CroSS–objectior1 seeking

V E’ A .erihai1ce_Ir1ent.

facts relevant for the purpose of the cross-

objections are as under:

The land of crosS–objeCtorS was acquired by the

Hirespondent vide notification under section 4(1) of the

FE

“Whether the cross–objectors are entitled to

the enhancement in the market valueé..ofV:tlie~’i.l’and

acquired if so to what extent?”

5. It is the contention thelearnedicoiinsellior

the cross~objector that in__’l»/{FA this

court, dated 431 dune ”’enhanced the
compensation to of dry lands
and the counsellor that the land
of the the neighboring
villagfllatlfiadilingadjallilxrillageifi and same type of crops
wereVV1″-.gro$_m’iV that he is entitled to

compensation as the judgement of this court

above}”‘-Further more he submits that, the

the judgment referred above was dated

/ in the present case the Notification U/s

4(1) was dated 18/9/1993. So he claims that the cross

olqjectors entitled to escalation price at 10% per year.

wit

On these grounds he sought for enhancement of

compensation.

6. Per contra,

Government Pleader has supported

award of the Reference

7. I have carefuhy judgement of
the court _and’ referred by the
cross-objector;.’it”i’s._ the village Chennur
and Viilages of same
talukad;-. is that same crops were

grown in the_:’dry”.’~1aAn.ds”acquired. This court after taken

considerationdthe material piaced on record and

also’ that the jawar and toor crops were grown.

en-h__ance*d. compensation of Rs.65,000/– per acre in

respect for dry iands. So to maintain the parity in the

of the acquired lands, it is necessary to enhance

E
‘ .

Ks/4″.

.,x

is
the compensation as decided by

referred .

8. Apart from this, as the 1\’otification__in:V’re4ss;de«ct

of lands acquired is of the year 1993

case the notification was of m;yea1~

Objector is entitled to esca1ation”pri’ce atT,’1″.u’3e°i:/Q”

In the circumstances the cros.s+objectors’iare’entitled to

Rs.65,000/– + Rs.1Z%4_;O.O0,fA§. vd’Pt$;%8′,,OOO/4.’ tier acre.In

the circumstances. :boI:{}evcto’1js*V”are entitled to

the enh’a1’1eed stated above. Hence, I
answer. the Affirmative and proceed to pass
theVfo11ovVi11g§V V .

_ . . . .

4′(}ro_ss–Objections are aiiowed in part. The

CrossfOhjectors are entitled’ to the market Vaiue at

AAI2s.’?8′,v.(§i’}:'()O/– per acre in respect of land bearing

-..’VSj,rNo.17O/2 measuring 7 acres 23 guntas of

this court in theu’.:1%sm’~e

E5/r.

Gadilingadalli village with all other statutory benefits
and costs.

The cross objections accordingly disposed

Two weeks time is granted to “to

pay the deficit court fee.

ARD*

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