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*
