IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 PRESENT THE HON'BLE MR. JUSTICE B.S. PATIL AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA M.F.A. NO.8014/2013 BETWEEN:
THE LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER, SAKALESHPUR SUB-DIVISION, SAKALESHPUR. ... APPELLANT (BY SRI: VASANTH R. FERNANDES, GP.) AND:
1. IBRAMHIM KALEEL, DEAD BY L.Rs, WIFE HAMEEDA BEGUM AGED 52 YEARS, W/O IBRAHIM KALEEL BEHIND PETROL BUNK, NEHRU NAGAR, BELUR – 573 125.
2. THE SECRETARY AGRICULTURAL PRODUCE, MARKETING COMMITTEE, BELUR – 573 125. ... RESPONDENTS (BY SRI: H.T. JAGADEESH, ADVOCATE FOR R-1; SRI. U.G. GACHCHINAMATH, ADVOCATE FOR R-2) ***** THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED:06.02.2013 PASSED IN LAC NO.6/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, BELUR, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR HEARING - INTERLOCUTORY APPLICATION THIS DAY, B.S.PATIL J., MADE THE FOLLOWING:-
J U D G M E N T This miscellaneous first appeal is filed under Section 54(1) of the Land Acquisition Act, 1894 (‘the Act’ for short), challenging the judgment and award dated 06/02/2013, passed by the reference court in LAC.No.6/2009. By the said judgment and award, learned Senior Civil Judge Belur, has determined the market value payable to the acquired land bearing Sy.No.110/1, measuring 1 acre 4 guntas, situated at Rayapura Village, Belur Taluk of Hassan District, at Rs.37/- per square foot and that the claimants are held entitled for all other statutory sums payable as per the provisions of the Act. Aggrieved by the market value fixed, the Land Acquisition Officer and the Assistant Commissioner, Sakaleshpura Sub-Division, Sakaleshpura, has filed this appeal.
2. At the outset, there is delay of 133 days in filing this appeal. However, we have heard the matter both on I.A. and on merits.
3. Learned counsel for the claimant/respondent No.1, Sri H.T.Jagadeesh, placed for perusal of the court, judgment rendered by this Court in MFA.No.2953/2013 and connected cases, disposed of on 27/08/2014, filed by the Secretary Agricultural Product Marketing Committee (APMC), Belur, wherein the judgment and award passed by the reference court, which is the subject matter of the present appeal, fixing the market value at Rs.37/- per sq. ft., has been confirmed. It is thus, clear that the judgment and award under challenge in this appeal has already been confirmed in MFA.No.2953/2013 and connected matters by this court holding that market value fixed at Rs.37/- per sq.ft. was just and reasonable. In the circumstances, this appeal deserves to be dismissed and is accordingly, dismissed.
4. In view of dismissal of the appeal on merits, I.A.No.1/13 for condonation of delay also stands disposed of. I.A.No.2/13 filed for stay does not survive for consideration.
Sd/- JUDGE Sd/- JUDGE s*