Karnataka High Court
Smt. Lakshmi Devi W/O Gadekal Prabakar vs The Special Land Acquisition Officer on 26 November, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF NOVEMBER, 2024
R
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MFA No. 100979/2022 (LAC)
C/W
MFA Nos. 100219/2022, 100714/2022, 100977/2022, 100978/2022,
100980/2022, 100981/2022, 100982/2022, 100983/2022,
100984/2022, 100985/2022, 100986/2022, 100987/2022,
100988/2022, 100989/2022, 100990/2022, 100991/2022,
100992/2022, 100993/2022, 100994/2022, 100995/2022,
100996/2022, 100997/2022, 100998/2022, 100999/2022,
101000/2022, 101001/2022, 101002/2022, 101003/2022,
101004/2022, 101005/2022, 101006/2022, 101007/2022,
101008/2022, 101009/2022, 103506/2022, 100070/2023,
100071/2023, 100377/2023, 100379/2023, 100390/2023,
100392/2023, 100404/2023, 100431/2023, 100564/2023,
100569/2023, 100695/2023, 101014/2023, 101320/2023,
101385/2023, 102159/2023, 102164/2023, 102183/2023,
102599/2023, 102600/2023, 102601/2023, 102602/2023,
102604/2023, 102605/2023, 103189/2023, 103483/2023,
103861/2023, 104022/2023, 104672/2023, 104674/2023,
104683/2023, 104684/2023, 104685/2023, 104689/2023,
104690/2023, 104691/2023, 104702/2023, 104725/2023,
104779/2023, 104783/2023, 104784/2023, 104785/2023,
105032/2023, 105124/2023, 105125/2023, 105126/2023,
105127/2023, 105128/2023, 105129/2023, 105130/2023,
105131/2023, 105132/2023, 105133/2023, 105147/2023,
105148/2023, 105149/2023, 105150/2023, 105186/2023,
105187/2023, 100797/2024 & 101141/2024 (LAC)
IN MFA NO.100979 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
OFFICE OF THE KIADB, DAVANGERE.
-2-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. B. HANUMANTHI W/O. SRI. ANJINEYA
AGE. 56 YEARS, OCC. AGRICULTURIST,
KUDITHINI VILLAGE
BALLARI TALUK AND DISTRICT.
2. M/S. UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLORE ROAD, MUMBAI 400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.09/2014 AND ETC.,
IN MFA NO.100219 OF 2022:
BETWEEN:
K. RAVINDRA BABU S/O LALEPPA
AGE: 33 YEARS, OCC: AGRICULTURIST,
R/O. VENIVEERAPUR VILLAGE,
TALUK AND DIST: BALLARI - 583115
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
-3-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
OFFICE OF THE KIADB, DAVANGERE -583101
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLORE ROAD, MUMBAI-400009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560007,
REPRESENTED HEREIN BY ITS SECRETARY
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THIS APPEAL AND AWARD PROPER,
JUST AND REASONABLE ENHANCED COMPENSATION OF
RS.36,90,000/- I.E., AT THE RATE OF RS.15,00,000/- PER
ACRE OR MORE AS THE CASE MAY BE, BY MODIFYING
JUDGMENT AND AWARD, DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.19/2014.
IN MFA NO.100714 OF 2022:
BETWEEN:
SURA VENKATAPPA S/O LAGE ANJINAPPA
AGE: 68, OCC: AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
TALUK AND DIST: BALLARI - 583115
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
-4-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
DAVANGERE -583 115.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLORE ROAD, MUMBAI-400 009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC. 54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THIS APPEAL AND AWARD PROPER,
JUST AND REASONABLE ENHANCED COMPENSATION OF
RS.81,06,000/- I.E., AT THE RATE OF RS.15,00,000/- PER
ACRE OR MORE AS THE CASE MAY BE, BY MODIFYING
JUDGMENT AND AWARD, DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.7/2014 & ETC.,
IN MFA NO.100977 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
OFFICE OF THE KIADB, DAVANGERE -583 101.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
-5-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. SMT. LAKSHMI DEVI W/O GADEKAL
PRABHAKAR
AGE: 52 YEARS, OCC: AGRICULTURIST,
R/O KUDUTHINI VILLAGE 583101
BALLARI TALUK AND DISTRICT
2. M/S UTTAM GLAVA FERROUS LIMITED,
UTTAM HOUSE, NO. 69, DT MELLORE ROAD,
MUMBAI - 400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DTD 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.03/2015 AND ETC.,
IN MFA NO.100978 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH,ADVOCATE FOR APPELLANT/S )
-6-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. RAMANJINEYALU S/O K. LALEPPA
AGE ABOUT 43 YEARS, OCC: AGRICULTURIST,
R/O. VENIVEERAPUR VILLAGE,
TALUK AND DIST: BALLARI.
2. K. RAVINDRA BABU S/O K. LALEPPA
AGE. 43 YEARS, OCC: AGRICULTURIST,
R/O. VENIVEERAPUR VILLAGE,
TALUK AND DIST: BALLARI - 583 115.
3. M/S UTTAM GLAVA FERROUS LIMITED,
UTTAM HOUSE, NO. 69, DT MELLORE ROAD,
MUMBAI - 400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DTD 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.18/2014 AND ETC.,
IN MFA NO.100980 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, OFFICE OF THE KIADB,
DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU - 560 001.
REPRESENTED HEREIN BY ITS SECRETARY.
...APPELLANTS
(BY SRI DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI G I GACHCHINAMATH, ADVOCATE)
-7-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. SRI MULLANGI RAJENDRA
S/O. SRI M. DODDA LINGAPPA
SINCE DECEASED BY HIS LR'S.
1A. H. NEELAVATHI
D/O. LATE SRI M. DODDA LINGAPPA.
1B. M. THAKUR @ M. THAGORE
S/O. SRI M. DODDA LINGAPPA.
1C. P. MEENAKSHI
D/O. LATE SRI M. DODDA LINGAPPA.
ALL ARE R/O: VENIVERRAPURA VILLAGE,
BALLARI TALUK AND DISTRICT - 583 101.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI - 400 009.
...RESPONDENTS
(BY SRI GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, ADVOCATE FOR LR'S OF R1,
SRI VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO, ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 17/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.100981 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE - 577 001.
-8-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. M. DEVAMMA
AGE. 57 YEARS, OCC: AGRICULTURIST,
W/O SRI. RAMAPPA
R/O: VENIVEERAPURA VILLAGE.
DIST AND TQ: BALLARI 583 115.
2. M/S UTTAM GLAVA FERROUS LIMITED,
UTTAM HOUSE, NO. 69, DT MELLORE ROAD,
MUMBAI - 400009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DTD 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.01/2014 AND ETC.,
IN MFA NO.100982 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD.
OFFICE OF THE KIADB, DAVANGERE
-9-
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SURA VENKATAPPA S/O LATE ANJINAPPA
AGE. 69 YEARS OCC: AGRICULTURE AND
ADVOCATE,
R/O KUDITHINI VILLAGE,
BALLARI TALUK AND DISTRICT.
2. M/S UTTAM GLAVA FERROUS LIMITED,
UTTAM HOUSE, NO. 69, DT MELLO ROAD,
MUMBAI - 400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL, ADVOCATES FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DTD 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.07/2014 AND ETC.,
IN MFA NO.100983 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
- 10 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. K. LALEPPA S/O LATE HANUMANTHAPPA,
AGE. 73 YEARS, OCC. AGRICULTURIST ,
R/O. VENIVEERAPURA VILLAGE-583101,
BALLARI TALUK AND DISTRICT.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 21/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE.
IN MFA NO.100984 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE - 577001.
- 11 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL
FOR SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. SHIVALINGAMMA, W/O LATE YEMME BASAPPA
AGE: 70 YEARS, OCC: AGRICULTURIST,
R/O: KUDITHINI VILLAGE,
DIST AND TQ: BALLARI 583 101.
2. M/S UTTAM GLAVA FERROUS LIMITED,
UTTAM HOUSE, NO. 69, DT MELLO ROAD,
MUMBAI - 400 009
...RESPONDENTS
(BY SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DTD 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.06/2014 AND ETC.,
IN MFA NO.100985 OF 2022:
BETWEEN:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
OFFICE OF THE KIADB, DAVANGERE.
- 12 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560001
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1 . SRI. DEVENDRA S/O. RAMAPPA
AGE. 39 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
2 . M/S. UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 02/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.100986 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
OFFICE OF THE KIADB, DAVANGERE.
- 13 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. M. HANUMANTHA REDDY S/O LATE BHEEMAPPA
AGE. 74 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
2. M/S. UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 01/2015 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.,
IN MFA NO.100987 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
OFFICE OF THE KIADB, KARUR INDUSTRIAL AREA,
OPP. D.C. OFFICE, DAVANGERE.
- 14 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G. I. GACHCHINAMATH, ADVOCATE)
AND:
1 . BABAS SHAIK S/O M.P. BAHADOOR
AGE. 33 YEARS, OCC. AGRICULTURIST,
R/O BHUVANAGIRI COLONY,
SIRUGUPPA ROAD, BALLARI.
2 . M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLO ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 09/2015 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.,
IN MFA NO.100988 OF 2022:
BETWEEN:
1 . THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
- 15 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY.
...APPELLANTS
(BY SRI DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. NEELAKANTAPPA
SINCE DEAD BY HIS LR.
SMT. SUBHDRAMMA
W/O. LATE DODDA LINGAPPA,
SINCE DECEASED BY HER LR'S
1A. H. NEELAVATHI
D/O. LATE SRI M. DODDA LINGAPPA.
1B. M. THAKUR @ M. THAGORE
S/O. LATE SRI. M. DODDA LINGAPPA.
1C. P. MEENAKSHI
D/O. LATE SRI M. DODDA LINGAPPA.
ALL ARE R/O: VENIVERRAPURA VILLAGE,
BALLARI TALUK AND DISTRICT-583 101.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69, DT MELLORE ROAD,
MUMBAI - 400 009.
...RESPONDENTS
(BY SRI GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, ADVOCATE FOR LR'S OF R1,
SRI VEERESH R. BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO, ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 13/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
- 16 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.100989 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
OFFICE OF THE KIADB, KARUR INDUSTRIAL AREA,
OPP. D.C. OFFICE, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. M. HANUMANTHA REDDY S/O LATE BHEEMAPPA
AGE. 74 YEARS, OCC. AGRICULTURIST,
R/O VENIVEERAPURA VILLAGE,
BALLARI TALUK AND DISTRICT-583 101.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 02/2015 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.,
- 17 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.100990 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. P. DODDAPPA S/O. P. BASAPPA
AGE. 62 YEARS, OCC. AGRICULTURIST,
R/O KUDITHINI VILLAGE,
BALLARI TALUK AND DISTRICT.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 5/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.,
- 18 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.100991 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
OFFICE OF THE KIADB, OPP. D.C. OFFICE,
DAVANGERE-577 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. MOHMMED RAFEE S/O SRI. H P HONNURSAB
AGE. 45 YEARS,
R/O MEHABOOB COLONY,
SINDHANUR, RAICHUR DISTRICT.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLO ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 08/2015 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.,
- 19 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.100992 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
OFFICE OF THE KIADB, DAVANGERE -583101
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. SANNA GURULINGAPPA
S/O SRI LATE LINGAPPA K
AGE. 53 YEARS, OCC. AGRI.,
R/O. VENIVEERAPURA VILLAGE,
DIST. AND TQ. BALLARI 583101.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69, DT MELLO ROAD,
MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DTD 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY IN LAC NO.15/2014 AND ETC.,
- 20 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.100993 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD, OFFICE OF THE KIADB,
KARUR INDUSTRIAL AREA, OPP. D.C. OFFICE,
DAVANAGERE - 583 115.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD
HEAD OFFICE, NO. 49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SURA PANDURANG S/O LATE SURA ANJINAPPA
AGE. 52 YEARS, OCC: AGRICULTURIST,
R/O KUDUTHINI VILLAGE,
BALLARI TALUK AND DISTRICT, PIN - 583115
2. M/S. UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO.69, DT MELLO ROAD,
MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED SET ASIDE THE JUDGEMENT
AND AWARD DATED 05.11.2020 PASSED BY THE COURT OF
THE FIRST ADDITIONAL SENIOR CIVIL JUDGE, BELLARY AT
BELLARY, IN L.A.C. NO. 04/2015 AND CONSEQUENTLY REJECT
THE REFERENCE AND ETC.,
- 21 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.100994 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANAGERE 583 119
2. KARNATAKA INDUSUTRIAL AREAS DEVELOPMENT
BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001,
REPRESENTED HEREIN BY ITS SECRETARY.
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. GOOTY HANUMANTHA REDDY
S/O AYYANAGOUDA
AGE. 75 YEARS, OCC AGRICULTURIST,
R/O SIDDAMMANAHALLI VILLAGE,
BALLARI TALUK AND DISTRICT 583 101.
2. GOOTY BASAVA REDDY
S/O AYYANAGOUDA
AGE. 73 YEARS, OCC AGRICULTURIST,
R/O SIDDAMMANAHALLI VILLAGE,
BALLARI TALUK AND DISTRICT 583 101.
3. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO.69, DT MELLORE ROAD,
MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
- 22 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGEMENT AD AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE
BELLARY AT BELLARY IN L.A.C. NO.04/2014 AND
CONSEQUENTLY REJECT THE REFERENCE AND ETC.,
IN MFA NO.100995 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. DHEERAJ KUMAR BEHAL ALIAS DHERAJ
S/O SATHAWAL BEHAL
AGE. 50 YEARS, OCC. AGRICULTURIST,
R/O 41, SINDHIGI COMPOUND,
BALLARI 583 101.
2. M/S. UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69, DT MELLORE ROAD,
MUMBAI 400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2)
- 23 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGEMENT AD AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE
BELLARY AT BELLARY IN L.A.C. NO.07/2015 AND
CONSEQUENTLY REJECT THE REFERENCE AND ETC.,
IN MFA NO.100996 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND
1. ANJINAMMA W/O. YELLAPPA
AGE. 84 YEARS, OCC. AGRICULTURE,
R/O ALLIPURA VILLAGE,
TQ AND DIST BALLARI 580009.
2. M/S. UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO.69,
DT MELLO ROAD, MUMBAI-400009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2)
- 24 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGEMENT AD AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE
BELLARY AT BELLARY IN L.A.C. NO.14/2014 AND
CONSEQUENTLY REJECT THE REFERENCE AND ETC.,
IN MFA NO.100997 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD.
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. SHARADAMMA W/O NAGADEVA
AGE. 54 YEARS, OCC. AGRICULTURIST,
KUDITHINI VILLAGE,
BALLARI TALUK AND DISTRICT 583101.
2. M/S. UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO.69, DT MELLORE ROAD,
MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
- 25 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGEMENT AD AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE
BELLARY AT BELLARY IN L.A.C. NO.10/2014 AND
CONSEQUENTLY REJECT THE REFERENCE AND ETC.,
IN MFA NO.100998 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD.
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560001,
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. B.KAMALA DEVI W/O SRI. GOUTHARC.
KUMAR,
AGE. 49 YEARS, OCC. AGRICULTURIST,
R/O 15/19, VASUDEVA NAIDU STREET,
BALLARI 583 101.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE NO. 69, DT
MELLO ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
- 26 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGEMENT AD AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE
BELLARY AT BELLARY IN L.A.C. NO.08/2014 AND
CONSEQUENTLY REJECT THE REFERENCE AND ETC.,
IN MFA NO.100999 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. K. CHANNAPPA S/O LATE SIDDALINGAPPA,
AGE. 42 YEARS, OCC. AGRICULTURIST ,
BALLARI TALUK AND DISTRICT.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
- 27 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO.05/2015 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101000 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU - 560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI G.I. GACHCHINAMATH, ADVOCATES)
AND:
1 . SMT. SUBHADRAMMA
W/O. LATE SRI M. DODDA LINGAPPA
SINCE DECEASED BY HER LR'S
1A. H. NEELAVATHI
D/O. LATE SRI M. DODDA LINGAPPA.
1B. M. THAKUR @ M. THAGORE
S/O. LATE SRI M. DODDA LINGAPPA.
1C. P. MEENAKSHI
D/O. LATE SRI M. DODDA LINGAPPA.
ALL ARE R/O: VENIVERRAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
- 28 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69, DT MELLO ROAD,
MUMBAI - 400 009.
...RESPONDENTS
(BY SRI GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, ADVOCATE FOR LR'S OF R1,
SRI VEERESH R. BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO, ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 11/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101001 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND
1. SMT. SHARADAMMA W/O NAGADEVA,
AGE. 54 YEARS, OCC. AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
BALLARI TALUK AND DISTRICT.
- 29 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLO ROAD, MUMBAI-400009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 22/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101002 OF 2022 :
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. SANNA LALITHAMMA W/O. SRI RANGANAYAKALU,
AGE. 54 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
- 30 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLO ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 20/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101003 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. P.NEELAVATHI W/O. P.DODDAPPA,
AGE. 56 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
BALLARI TALUK AND DISTRICT- 583 115.
- 31 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69, DT MELLORE ROAD,
MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 3/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101004 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SRI. M.THAGORE S/O. LATE DODDA LINGAPPA,
AGE. 35 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
- 32 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 12/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101005 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1 . SRI. K.RAVINDRA BABU S/O. SRI K. LALEPPA,
AGE. 40 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
- 33 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2 . M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69, DT MELLORE ROAD,
MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 19/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101006 OF 2022:
BETWEEN:
1 . THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. S. DODDA BASAPPA S/O. SIDDAPPA,
AGE. 74 YEARS, OCC. AGRICULTURIST ,
R/O. 182/89, K.H.B. COLONY,
INFENTRY ROAD, BALLARI.
- 34 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLO ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 6/2015 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101007 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1 . J.S. ANIL KUMAR S/O. J.S. SANJIVAPPA,
AGE. 53 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
- 35 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2 . M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLO ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 16/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101008 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE- 583 101.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. ADUSUMILI VENKATARAMANA
S/O. DHARMARAO.J,
AGE. 58 YEARS,
R/O. PLOT NO.49, KUVEMPU NAGAR,
2ND CROSS, BALLARI,
DIST AND TQ. BALLARI- 583 101.
- 36 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLO ROAD, MUMBAI-400 009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 23/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.101009 OF 2022:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
OFFICE OF THE KIADB, DAVANGERE.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560001.
REPRESENTED HEREIN BY ITS SECRETARY
...APPELLANTS
(BY SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. GANGAMMA W/O. MALLESHAPPA,
AGE. 65 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
- 37 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400009.
...RESPONDENTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM AND
SMT. ARCHANA.A.MAGADUM, FOR R1,
SRI. VEERESH.R.BUDIHAL, ADVOCATE FOR R2)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE
JUDGMENT AND AWARD DATED 05.11.2020 PASSED BY THE
COURT OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY, IN L.A.C. NO. 24/2014 AND
CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF
JUSTICE & ETC.,
IN MFA NO.103506 OF 2022:
BETWEEN:
BABA SHAIKH S/O. M.P. BAHADDUR,
AGE. 32 YEARS, OCC. AGRICULTURIST,
R/O. BHUVANAGIRI COLONY, SIRUGUPPA ROAD,
TALUK AND DIST. BALLARI- 583101.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM, AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE- 577005.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400009.
- 38 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJI BHAVAN,
RACE COURSE ROAD,
BENGALURU- 560007.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI.VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI.DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI.G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE APPEAL AND AWARD PROPER,
JUST AND REASONABLE ENHANCED COMPENSATION OF
RS.33,84,000/- I.E. AT THE RATE OF RS.22,56,000/- PER ACRE
OR MORE AS THE CASE MAY BE, BY MODIFYING JUDGMENT
AND AWARD, DATED 05/11/2020 PASSED IN LAC.NO.9/2015,
BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, WITH
COSTS, STATUTORY BENEFITS AND INTEREST AS PER THE
PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTERES OF JUSTICE AND EQUITY.
IN MFA NO.100070 OF 2023:
BETWEEN:
SANNA LALITHAMMA W/O. RANGANAYAKALU
AGE. 53 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TALUK AND DIST. BALLARI- 583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM, AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE- 577005.
- 39 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJI BHAVAN,
RACE COURSE ROAD, BENGALURU- 560007.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI.VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI.DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI.G.I.GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE APPEAL AND AWARD PROPER,
JUST AND REASONABLE ENHANCED COMPENSATION OF
RS.66,60,000/- I.E. AT THE RATE OF RS.15,00,000/- PER ACRE
OR MORE AS THE CASE MAY BE, BY MODIFYING JUDGMENT
AND AWARD, DATED 05/11/2020 PASSED IN LAC.NO.20/2014,
BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, WITH
COSTS, STATUTORY BENEFITS AND INTEREST AS PER THE
PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTERES OF JUSTICE AND EQUITY.
IN MFA NO.100071 OF 2023:
BETWEEN:
SURA PANDURANGA S/O. LATE SURA ANJINAPPA,
AGE. 51 YEARS, OCC. AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
TALUK AND DIST. BALLARI- 583 115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM, AND
SMT. ARCHANA.A.MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE- 577 005.
- 40 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJI BHAVAN,
RACE COURSE ROAD, BENGALURU- 560 007.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI.VEERESH.R.BUDIHAL, ADVOCATE FOR R2,
SRI.DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI.G.I.GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE APPEAL AND AWARD PROPER,
JUST AND REASONABLE ENHANCED COMPENSATION OF
RS.81,06,000/- I.E. AT THE RATE OF RS.15,00,000/- PER ACRE
OR MORE AS THE CASE MAY BE, BY MODIFYING JUDGMENT
AND AWARD, DATED 05/11/2020 PASSED IN LAC.NO.4/2015,
BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, WITH
COSTS, STATUTORY BENEFITS AND INTEREST AS PER THE
PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTERES OF JUSTICE AND EQUITY.
IN MFA NO.100377 OF 2023:
BETWEEN:
SMT. LAKSHMI DEVI W/O. GADEKAL PRABAKAR,
AGE. 51 YEARS, OCC. AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
TALUK AND DIST. BALLARI- 583 115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR.A.MAGADUM, AND
SMT. ARCHANA.A.MAGADUM, ADVOCATES)
- 41 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE- 577005.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJI BHAVAN,
RACE COURSE ROAD, BENGALURU- 560 007.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI.VEERESH.R.BUDIHAL, ADVOCATE FOR R2,
SRI.DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI.G.I.GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, PRAYING TO ALLOW THE APPEAL AND AWARD PROPER,
JUST AND REASONABLE ENHANCED COMPENSATION OF
RS.2,37,24,920/- I.E. AT THE RATE OF RS.23,56,000/- PER
ACRE OR MORE AS THE CASE MAY BE, BY MODIFYING
JUDGMENT AND AWARD, DATED 05/11/2020 PASSED IN
LAC.NO.3/2015, BY THE 1ST ADDITIONAL SENIOR CIVIL
JUDGE, BALLARI, WITH COSTS, STATUTORY BENEFITS AND
INTEREST AS PER THE PROVISIONS OF THE LAND
ACQUISITION ACT, IN THE INTERES OF JUSTICE AND EQUITY.
IN MFA NO.100379 OF 2023:
BETWEEN:
SMT. SHARADAMMA W/O. NAGADEVA
AGE. 54 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
TQ. AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 42 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJI BHAVAN,
RACECOURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.10/2014 ON THE FILE OF THE
IST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18(1) OF LAND ACQUISITION ACT.
IN MFA NO.100390 OF 2023:
BETWEEN:
GANGAMMA W/O. MALLESHAPPA
AGE. 58 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TQ. AND DIST BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM)
- 43 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.24/2014 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18(1) OF LAND ACQUISITION ACT.
IN MFA NO.100392 OF 2023:
BETWEEN:
K. CHANNAPPA S/O. LATE SIDDALINGAPPA
AGE. 41 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TQ. AND DIST. BALLARI.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 44 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400009
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.5/2015 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18(1) OF LAND ACQUISITION ACT.
IN MFA NO.100404 OF 2023:
BETWEEN:
B. HANUMANTHI S/O. ANJINEYA
AGE. 56 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
TQ. AND DIST. BALLARI-583 115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 45 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.9/2014 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18(1) OF LAND ACQUISITION ACT, 1894.
IN MFA NO. 100431 OF 2023:
BETWEEN:
SHARADAMMA W/O. NAGADEVA
AGE. 54 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
TQ. AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 46 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2 . M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400 009.
3 . THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.22/2014 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18 OF LAND ACQUISITION ACT.
IN MFA NO. 100564 OF 2023:
BETWEEN:
M. HANUMANTHA REDDY S/O. LATE BHEMMAPPA
AGE. 70 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TQ. AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 47 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2 . M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400 009
3 . THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT,1894. AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.02/2015 ON THE FILE OF 1ST
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18(1) OF LAND ACQUISITION ACT, 1894.
IN MFA NO. 100569 OF 2023:
BETWEEN:
SRI. EMME BASAPPA
SINCE DECEASED BY HIS LR'S
SMT. SHIVALINGAMMA W/O. LATE EMME BASAPPA
AGE. 73 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
TQ. AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 48 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400 009
3. THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO. 6/2014 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18 OF LAND ACQUISITION ACT.
IN MFA NO. 100695 OF 2023:
BETWEEN:
ADUSUMILI VENKATARAMANA
S/O. A.DHARMA RAO
AGE. 58 YEARS, OCC. AGRICULTURIST,
R/O. PLOT NO.49, KUVEMPU NAGAR, 2ND CROSS,
TQ. AND DIST. BALLARI-583101.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 49 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2 . M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400009.
3 . THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.11.2020
PASSED IN LAC.NO.23/2014 ON THE FILE OF THE 1ST
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18 OF LAND ACQUISITION ACT.
IN MFA NO.101014 OF 2023:
BETWEEN:
B. KAMALA DEVI W/O. SRI. GOUTHAM KUMAR
AGE. 49 YEARS, OCC. AGRICULTURIST,
R/O. 15/19, VASUDEVA NAIDU STREET,
TQ. AND DIST. BALLARI-583 115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 50 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2 . M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400 009
3 . THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO. 8/2014 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18 OF LAND ACQUISITION ACT.
IN MFA NO. 101320 OF 2023:
BETWEEN:
M. THAGORE S/O. LATE DODDA LINGAPPA
AGE. 42 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TQ. AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 51 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400 009
3. THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.12/2014 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18(1) OF LAND ACQUISITION ACT.
IN MFA NO. 101385 OF 2023:
BETWEEN:
M. HANUMANTHA REDDY S/O. LATE BHEEMAPPA
AGE. 70 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEEAPURA VILLAGE,
TQ. AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 52 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.1/2015 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18 OF LAND ACQUISITION.
IN MFA NO. 102159 OF 2023:
BETWEEN:
SRI. S. DODDABASAPPA S/O. SIDDAPPA
AGE. 73 YEARS, OCC. AGRICULTURIST,
R/O. 41, SINDHIGI COMPOUND VILLAGE,
TQ AND DIST BALLARI-583101.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 53 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894,AGAINST THE JUDGMENT AND AWARD DATED
05.11.2020 PASSED IN LAC.NO.6/2015 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALALRI, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18 OF LAND ACQUISITION ACT.
IN MFA NO.102164 OF 2023:
BETWEEN:
SMT. P. NEELAVATHI W/O. P. DODDAPPA
AGE. 56 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
TQ. AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 54 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1 . THE SPECIAL LAND ACQUISITION
OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2 . M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400009
3 . THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
..RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.11.2020
PASSED IN LAC.NO.3/2014 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE
REFERENCE PETITION FILED UNDER SECTION 18OF LAND
ACQUISITION ACT.
IN MFA NO. 102183 OF 2023:
BETWEEN:
J.S. ANIL KUMAR S/O. J.S. SANJIVAPPA
AGE. 53 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TQ. AND DIST. BALLARI.
...APPELLANT
(BY SRI. GURUDAS KHANNUR SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 55 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2 . M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO. 69,
DT MELLORE ROAD, MUMBAI-400009
3 . THE KARNATAKA INDUSTRIAL AREA,
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY,
HEAD OFFICE NO. 49, 4TH AND 5TH FLOOR,
EAST WING,KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
..RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AND AWARD
PROPER, JUST AND REASONABLE ENHANCED COMPENSATION
OF RS. 77,10,000/- I.E. AT THE RATE OF RS. 15,00,000/- PER
ACRE OR MORE AS THE CASE MAY BE, BY MODIFYING
JUDGMENT AND AWARD DATED 05.11.2020 PASSED IN LAC
NO. 16/2014 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.102599 OF 2023:
BETWEEN:
SMT. ANJINAMMA W/O. YELLAPPA
AGE. 77 YEARS, OCC. AGRICULTURIST,
R/O. ALLIPURA VILLAGE,
TQ AND DIST BALLARI-561 213.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SRI. G.B. SHASTRY FOR
SRI. CHETAN MUNNOLI, ADVOCATES)
- 56 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACECOURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 3,59,25,000/- I.E. AT THE RATE OF
RS. 15,00,000/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 14/2014, BY THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY BENEFITS
AND INTEREST AS PER THE PROVISIONS OF THE LAND
ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.102600 OF 2023:
BETWEEN:
SANNA GURULINGAPPA S/O. LATE K.LINGAPPA
AGE: 53 YEARS, OCC: AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TQ AND DIST BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
- 57 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD,
DAVANGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 29,68,560/- I.E. AT THE RATE OF RS.
23,56,000/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 15/2014, BY THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY BENEFITS
AND INTEREST AS PER THE PROVISIONS OF THE LAND
ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.102601 OF 2023:
BETWEEN:
1. K. RAMANJINEYALU S/O. K. LALEPPA
AGE: 43 YEARS, OCC: AGRICULTURIST.
2. K. RAVINDRA BABU S/O. K. LALEPPA
AGE: 39 YEARS, OCC: AGRICULTURIST,
- 58 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
BOTH ARE R/O. VENIVEERAPURA VILLAGE,
TQ AND DIST: BALLARI-583115.
...APPELLANTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REP. BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 1,05,00,000/- I.E. AT THE RATE OF
RS. 15,00,000/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 18/2014, BY THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY BENEFITS
AND INTEREST AS PER THE PROVISIONS OF THE LAND
ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
- 59 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.102602 OF 2023:
BETWEEN:
K. LALEPPA S/O. HANUMANTHAPPA
AGE: 72 YEARS, OCC: AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TQ AND DIST: BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR STATE
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 51,00,000/- I.E. AT THE RATE OF RS.
15,00,000/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 21/2014, BY THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY BENEFITS
AND INTEREST AS PER THE PROVISIONS OF THE LAND
ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
- 60 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.102604 OF 2023:
BETWEEN:
1. SRI. GOOTY HANUMANTHA REDDY
AGE: 75 YEARS,
OCC: AGRICULTURIST.
2. GOOTY BASAVA REDDY S/O. AYYANAGOUDA
AGE. 73 YEARS,
OCC. AGRICULTURIST,
BOTH ARE R/O. SIDDAMMNAHALLI VILLAGE,
TALUK AND DISTRICT BALLARI-583 104.
...APPELLANTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,DT MELLORE ROAD,
MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR, EAST WING,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 61 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 3,22,65,000/- I.E. AT THE RATE OF
RS. 15,00,000/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO.04/2014, BY THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY BENEFITS
AND INTEREST AS PER THE PROVISIONS OF THE LAND
ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.102605 OF 2023:
BETWEEN:
DHEERAJ KUMAR ALIAS DHEERAJ
S/O. SATHAWAL BEHAL,
AGE: 49 YEARS, OCC: AGRICULTURIST,
R/O. 41, SINDHIGI COMPOUND,
TQ AND DIST: BALLARI-583101.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REP. BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR, EAST WING,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 62 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 14,00,000/- I.E. AT THE RATE OF RS.
14,00,000/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 7/2015, BY THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY BENEFITS
AND INTEREST AS PER THE PROVISIONS OF THE LAND
ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.103189 OF 2023:
BETWEEN:
1. SMT. SUBHADRAMMA W/O. LATE M. DODDA LINGAPPA
SINCE DECEASED BY HER LR'S.
1A. H. NEELAVATHI D/O. LATE SRI M. DODDA LINGAPPA,
AGE. 43 YEARS, OCC: AGRICULTURIST,
1B. M. THAKUR @ M. THAGORE
S/O. SRI M. DODDA LINGAPPA,
AGE: 40 YEARS, OCC: AGRICULTURIST.
1C. P. MEENAKSHI W/O. P. RAMAPRASAD,
AGE: 39 YEARS, OCC: AGRICULTURIST,
ALL ARE R/O: VENIVERRAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
...APPELLANTS
(BY SRI GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR
LR'S OF APPELLANT)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
DAVANGERE - 577 005.
- 63 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI - 400 009.
3. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU - 560 007.
...RESPONDENTS
(BY SRI G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R1;
SRI VEERESH R. BHDIHAL, ADVOCATE FOR R2;
SRI DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AND AWARD
PROPER, JUST AND REASONABLE ENHANCED COMPENSATION
OF RS.6,97,61,160/- I.E. AT THE RATE OF RS. 23,56,000/- PER
ACRE OR MORE AS THE CASE MAY BE, BY MODIFYING
JUDGMENT AND AWARD, DATED 05.11.2020 PASSED IN LAC
NO.11/2014, BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN MFA NO.103483 OF 2023:
BETWEEN:
1. NEELAKANTAPPA SINCE DEAD BY HIS LR.
SMT. SUBHADRAMMA W/O. LATE M. DODDA LINGAPPA
SINCE DECEASED BY HER LRS.
1A. H. NEELAVATHI D/O. LATE SRI M. DODDA LINGAPPA,
AGE. 43 YEARS, OCC: AGRICULTURIST.
1B. M. THAKUR @ M. THAGORE
S/O. SRI M. DODDA LINGAPPA,
AGE: 40 YEARS, OCC: AGRICULTURIST.
- 64 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
1C. P. MEENAKSHI W/O. P. RAMAPRASAD,
AGE: 39 YEARS, OCC: AGRICULTURIST,
ALL ARE R/O: VENIVERRAPURA VILLAGE,
BALLARI TALUK AND DISTRICT - 583 115.
...APPELLANTS
(BY SRI GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR
LR'S OF APPELLANT)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD, DAVANGERE - 577 005.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI - 400 009.
3. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU - 560 007.
...RESPONDENTS
(BY SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI VEERESH R. BHDIHAL, ADVOCATE FOR R2;
SRI DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AND AWARD
PROPER, JUST AND REASONABLE ENHANCED COMPENSATION
OF RS.74,25,000/- I.E. AT THE RATE OF RS. 23,56,000/- PER
ACRE OR MORE AS THE CASE MAY BE, BY MODIFYING
JUDGMENT AND AWARD, DATED 05.11.2020 PASSED IN LAC
NO.13/2014, BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
- 65 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.103861 OF 2023:
BETWEEN:
P. DODDAPPA S/O. P. BASAPPA
AGE. 62 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
TQ AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
REP. BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR STATE
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.11.2020
PASSED IN LAC.NO.5/2014 ON THE FILE OF THE 1ST
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
18(1) OF LAND ACQUISITION ACT, 1894.
- 66 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.104022 OF 2023:
BETWEEN:
MOHAMMED RAFEE S/O. H.P. HONNURSAB,
AGE.44 YEARS, OCC. AGRICULTURIST,
R/O. MAHABOOB COLONY,
SINDHANUR TALUK, DIST. BALLARI-584128.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 66,60,000/- I.E. AT THE RATE OF RS.
15,00,000/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 8/2015, BY THE 1ST ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY BENEFITS
AND INTEREST AS PER THE PROVISIONS OF THE LAND
ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
- 67 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO. 104672/2023:
BETWEEN:
K. RAVINDRA BABU S/O. LALEPPA,
AGE. 33 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPUR VILLAGE,
TALUK AND DIST. BALLARI- 583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 57,42,304/- I.E. AT THE RATE OF RS.
23,34,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 19/2014 AND RP NO. 19/2022 DATED
15/06/2023 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
- 68 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.104674 OF 2023:
BETWEEN:
1. MULLANGI RAJASHEKAR @ M. RAJENDRA
S/O. M DODDA LINGAPPA,
SINCE DECEASED BY HIS LRS.
1A. H. NEELAVATHI D/O. LATE SRI M. DODDA LINGAPPA,
AGE. 43 YEARS, OCC: AGRICULTURIST.
1B. M. THAKUR @ M. THAGORE
S/O. LATE SRI M. DODDA LINGAPPA,
AGE: 40 YEARS, OCC: AGRICULTURIST.
1C. P. MEENAKSHI W/O. P. RAMAPRASAD,
AGE: 39 YEARS, OCC: AGRICULTURIST,
ALL ARE R/O: VENIVERRAPURA VILLAGE,
BALLARI TALUK AND DISTRICT.
...APPELLANTS
(BY SRI GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES FOR
LR'S OF APPELLANT)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD, DAVANGERE - 577 005.
2. M/S. UTTAM GALVA FERROUS LIMITED,
UTTAM HOUSE, NO.69,
DT MELLORE ROAD, MUMBAI - 400 009.
3. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49, 4TH AND 5TH FLOORS,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU - 560 007.
...RESPONDENTS
(BY SRI G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R1;
SRI VEERESH R. BHDIHAL, ADVOCATE FOR R2;
SRI DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3)
- 69 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AND AWARD
PROPER, JUST AND REASONABLE ENHANCED COMPENSATION
OF RS.98,97,305/- I.E. AT THE RATE OF RS. 23,34,270/- PER
ACRE OR MORE AS THE CASE MAY BE, BY MODIFYING
JUDGMENT AND AWARD, DATED 05.11.2020 PASSED IN LAC
NO.17/2014 AND RP NO.17/2022 DATED 11.07.2023, BY THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, WITH COSTS,
STATUTORY BENEFITS AND INTEREST AS PER THE
PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN MFA NO. 104683 OF 2023:
BETWEEN:
K. LALEPPA S/O. HANUMANTHAPPA,
AGE. 72 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPUR VILLAGE,
TALUK AND DIST. BALLARI- 583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 70 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 79,36,518/- I.E. AT THE RATE OF RS.
23,34,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 21/2014 AND RP NO. 21/2022 DATED
15/06/2023 BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 104684 OF 2023:
BETWEEN:
SANNA LALITHAMMA W/O. RANGANAYAKALU,
AGE. 53 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TALUK AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, MUMBAI-400009.
R/BY. ITS AUTHORISED REPRESENTATIVE.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
R/BY. ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR, EAST WING,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 71 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 1,05,04,215/- I.E. AT THE RATE OF
RS. 23,34,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 20/2014 AND RP NO. 20/2022 DATED
15/06/2023 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 104685 OF 2023:
BETWEEN:
SMT. SHARADAMMA W/O. NAGADEVA,
AGE. 54 YEARS, OCC. AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
TALUK AND DIST. BALLARI- 583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD,
MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
R/BY. ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR, EAST WING,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 72 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.1,40,05,620/- I.E. AT THE RATE OF
RS.23,34,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO.22/2014 AND RP NO.22/2022 DATED
15/06/2023 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104689 OF 2023:
BETWEEN:
SURA PANDURANGA S/O. LATE SURA ANJINAPPA,
AGE. 53 YEARS, OCC. AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
TALUK AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 73 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.1,37,23,863/- I.E. AT THE RATE OF RS.
23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.04/2015 AND RP NO.28/2022 DATED
15/06/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104690 OF 2023:
BETWEEN:
SMT. LAKSHMI DEVI W/O. GADEKAL PRABAKAR,
AGE. 51 YEARS, OCC. AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
TALUK AND DIST. BALLARI-583 115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400009.
(R/BY ITS AUTHORIZED REPRESENTATIVE)
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 74 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.2,35,06,099/- I.E. AT THE RATE OF RS.
23,34,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.03/2015 AND RP NO.27/2022 DATED
15/06/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104691 OF 2023:
BETWEEN:
M. HANUMANTHA REDDY S/O. LATE BHEEMMAPPA,
AGE. 70 YEARS, OCC. AGRICULTURIST,
R/O.VENIVEERAPURA VILLAGE,
TALUK AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400 009.
(R/BY. ITS AUTHORIZED REPRESENTATIVE)
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 75 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.1,59,43,064/- I.E. AT THE RATE OF RS.
23,34,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.01/2015 AND RP NO.25/2022 DATED
15/06/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104702 OF 2023 :
BETWEEN:
SMT. M. DEVAMMA W/O. RAMAPPA,
AGE. 58 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TALUK AND DIST. BALLARI-561213.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR STATE
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 76 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.12,37,87,873/- I.E. AT THE RATE OF
RS. 23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.01/2014 AND RP NO.01/2022 DATED
11/07/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104725 OF 2023 :
BETWEEN:
M. HANUMANTHA REDDY S/O. LATE BHEMMAPPA,
AGE. 70 YEARS, OCC. AGRICULTURIST,
R/O.VENIVEERAPURA VILLAGE,
TALUK AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 77 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.2,10,08,430/- I.E. AT THE RATE OF RS.
23,34,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.02/2015 AND RP NO.26/2022 DATED
15/06/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104779 OF 2023:
BETWEEN:
SMT. SHIVALINGAMMA
W/O. LATE EMME BASAPPA
AGE. 73 YEARS, OCC. AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
TALUK AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
(REPRESENTED BY ITS AUTHORIZED REPRESENTATION)
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR, EAST WING,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 78 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.23,70,270/- I.E. AT THE RATE OF RS.
1,57,14,890/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.6/2014 AND RP NO.06/2022 DATED
11/07/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104783 OF 2023:
BETWEEN:
B. KAMALA DEVI W/O. GOUTHAM KUMAR,
AGE. 49 YEARS, OCC. AGRICULTURIST,
R/O. 15/9, VASUDEVA NAIDU STREET,
TALUK AND DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR, EAST WING,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 79 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.2,82,77,321/- I.E. AT THE RATE OF RS.
23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.8/2014 AND RP NO.08/2022 DATED
11/07/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104784 OF 2023:
BETWEEN:
1. SRI. GOOTY HANUMANTHA REDDY,
AGE. 75 YEARS, OCC. AGRICULTURIST,
2. GOOTY BASAVA REDDY S/O. AYYANAGOUDA,
AGE. 73 YEARS, OCC. AGRICULTURIST,
BOTH ARE R/O. SIDDAMMNAHALLI VILLAGE,
TALUK AND DIST. BALLARI-583104.
...APPELLANTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR, EAST WING,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 80 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.5,09,84,508/- I.E. AT THE RATE OF RS.
23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.4/2014 AND RP NO.04/2022 DATED
11/07/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.104785 OF 2023:
BETWEEN:
SURA VENKATAPPA S/O. LATE ANJINAPPA,
AGE. 68 YEARS, OCC. AGRICULTURIST,
R/O. KUDUTHINI VILLAGE,
TQ. DIST. BALLARI-583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400009.
(R/BY ITS AUTHORIZED REPRESENTATIVE)
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 81 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.1,37,23,863/- I.E. AT THE RATE OF RS.
23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.7/2014 AND RP NO.07/2022 DATED
11/07/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.105032 OF 2023:
BETWEEN:
DEVENDRA S/O. RAMAPPA,
AGE. 41 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TALUK AND DIST. BALLARI-561213.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANAGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE, NO.49. 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 82 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS.6,04,41,885/- I.E. AT THE RATE OF RS.
23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05/11/2020
PASSED IN LAC NO.2/2014 AND RP NO.02/2022 DATED
11/07/2023, BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI WITH COST, STATUTORY BENEFITS AND INTEREST AS
PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.105124 OF 2023:
BETWEEN:
SRI. SANNA GURULINGAPPA S/O LATE K. LINGAPPA
AGE: 53 YEARS, OCC: AGRICULTURIST,
R/O: VENIVEERAPURA VILLAGE,
TALUK AND DIST: BALLARI 583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
DAVANGERE -577005.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69, DT MELLO ROAD,MUMBAI-400009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R. BUDIHAL ADVOCATE FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
- 83 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
THIS MFA IS FILED U/SEC. 54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 15/2014 AND RP NO. 15/2022 DATED
15.06.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO.105125 OF 2023:
BETWEEN:
SMT. SHARADAMMA W/O NAGADEVA
AGE. 54 YEARS, OCC: AGRICULTURIST,
R/O: KUDUTHINI VILLAGE, TALUK AND DIST: BALLARI
583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
DAVANGERE -577005.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,DT MELLO ROAD,MUMBAI-400009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO.10/2014 AND RP NO.10/2022 DATED
11.07.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
- 84 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.105126 OF 2023:
BETWEEN:
SRI. DODDABASAPPA S/O SIDDAPPA
AGE. 73 YEARS, OCC: AGRICULTURIST,
R/O: 41, SINDHIGI COMPOUND VILLAGE,
TALUK AND DIST: BALLARI 583101.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, DAVANGERE -577005.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLO ROAD,MUMBAI-400009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO.06/2015 AND RP NO.30/2022 DATED
15.06.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
- 85 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
IN MFA NO.105127 OF 2023:
BETWEEN:
SMT. SUBHDRAMMA
W/O LATE DODDA LINGAPPA
SINCE DEAD BY HER LRS.
1(A) MULLANGI RAJASHEKAR @ M. RAJENDRA
S/O M DODDA LINGAPPA
AGE: 50 YEARS, OCC: AGRICULTURIST,
1(B) H.NEELAVATHI
D/O M DODDA LINGAPPA
AGE: 43 YEARS, OCC: HOUSEHOLD,
1(C) M. THAKUR @ TAGORE
S/O M DODDA LINGAPPA,
AGE: 40 YEARS, OCC: AGRICULTURIST,
1(D) P. MEENAKASHI
D/O M. DODDA LINGAPPA
AGE: 39 YEARS, OCC: HOUSEHOLD,
ALL ARE R/O VENIVEERAPURA VILLAGE,
TQ AND DIST. BALLARI.
...APPELLANTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
DAVANGERE -577005.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLO ROAD,MUMBAI-400009.
- 86 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 11/2014 AND RP NO. 11/2022 DATED
11.07.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO.105128 OF 2023:
BETWEEN:
DHEERAJ KUMAR ALIAS DHEERAJ
S/O SATHWAL BEHAL
AGE: 49 YEARS, OCC: AGRICULTURIST,
R/O: 41, SINGHIGI COMPOUND VILLAGE,
TALUK AND DIST: BALLARI 583101.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
DAVANGERE -577005.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLO ROAD, MUMBAI-400009.
- 87 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
3. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO.07/2015 AND RP NO.31/2022 DATED
15.06.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO.105129 OF 2023:
BETWEEN:
K. CHANNAPPA S/O LATE SIDDALINGAPPA
AGE: 41 YEARS, OCC: AGRICULTURIST,
R/O: VENIVEERAPURA VILLAGE,
TALUK AND DIST: BALLARI 583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
DAVANGERE -577 005.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69, DT MELLO ROAD,
MUMBAI-400 009.
- 88 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 05/2015 AND RP NO. 29/2022 DATED
15.06.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO.105130 OF 2023:
BETWEEN:
NEELAKANTAPPA
SINCE DEAD BY HER LRS.
SMT. SUBHDRAMMA W/O LATE DODDA LINGAPPA
SINCE DEAD BY HER LRS.
1(A) MULLANGI RAJASHEKAR @ M. RAJENDRA
S/O M DODDA LINGAPPA
AGE: 50 YEARS, OCC: AGRICULTURIST,
1(B) H.NEELAVATHI
D/O M DODDA LINGAPPA
AGE: 43 YEARS, OCC: HOUSEHOLD,
1(C) M. THAKUR @ TAGORE
S/O M DODDA LINGAPPA,
AGE: 40 YEARS, OCC: AGRICULTURIST,
1(D) P. MEENAKASHI
D/O M. DODDA LINGAPPA
AGE: 39 YEARS, OCC: HOUSEHOLD,
- 89 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
ALL ARE R/O VENIVEERAPURA VILLAGE,
TQ AND DIST. BALLARI.
...APPELLANTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
DAVANGERE -577 005.
2 . M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE,NO. 69,DT MELLO ROAD,MUMBAI-400 009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 13/2014 AND RP NO. 13/2022 DATED
15.06.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO.105131 OF 2023:
BETWEEN:
SMT. M. THAGORE S/O LATE DODDA LINGAPPA
AGE 42 YEARS, OCC: AGRICULTURIST,
R/O: VENIVEERAPURA VILLAGE,
TALUK AND DIST: BALLARI 583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
- 90 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
DAVANGERE -577 005.
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69, DT MELLO ROAD,
MUMBAI-400 009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO.12/2014 AND RP NO.12/2022 DATED
11.07.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO.105132 OF 2023:
BETWEEN:
J.S. ANIL KUMAR S/O J.S. SANJEEVAPPA
AGE: 53 YEARS, OCC: AGRICULTURIST,
R/O VENIVEERAPURA VILLAGE,
TQ AND DIST: BALLARI.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
DAVANGERE -577005.
- 91 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLO ROAD, MUMBAI-400009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 17/2014 AND RP NO. 17/2022 DATED
15.06.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO. 105133 OF 2023:
BETWEEN:
1. K. RAMANJINEYALU S/O. LALEPPA
AGE. 43 YEARS, OCC. AGRICULTURIST,
2. K. RAVINDRA BABU S/O K. LALEPPA,
AGE. 39 YEARS, OCC. AGRICULTURIST,
BOTH ARE R/O. VENIVEERAPUR VILLAGE,
TALUK AND DIST. BALLARI- 583115.
...APPELLANTS
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
DAVANGERE-577005.
- 92 -
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND
AWARD, DATED 05.11.2020 PASSED IN LAC NO. 18/2014 AND
RP NO. 18/2022 DATED 11/07/2023 BY THE 1ST ADDITIONAL
SENIOR CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY
BENEFITS AND INTEREST AS PER THE PROVISIONS OF THE
LAND ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 105147 OF 2023:
BETWEEN:
ADUSUMILI VENKATARAMANA
S/O. A. DHARMA RAO,
AGE. 58 YEARS, OCC. AGRICULTURIST,
R/O. PLOT NO.49, KUVEMPU NAGAR,
TALUK AND DIST. BALLARI-583101.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD, DAVANGERE-577005.
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 92,25,758/- I.E. AT THE RATE OF RS.
22,89,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 23/2014 AND RP NO. 23/2022 DATED
15/06/2023 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 105148 OF 2023:
BETWEEN:
GANGAMMA W/O. MALLESHAPPA,
AGE. 58 YEARS, OCC. AGRICULTURIST,
R/O. VENIVEERAPURA VILLAGE,
TALUK AND DIST. BALLARI- 583115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD, DAVANGERE-577005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLO ROAD, MUMBAI-400009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY,
HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND
AWARD, DATED 05.11.2020 PASSED IN LAC NO. 24/2014 AND
RP NO. 24/2022 DATED 15/06/2023 BY THE 1ST ADDITIONAL
SENIOR CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY
BENEFITS AND INTEREST AS PER THE PROVISIONS OF THE
LAND ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO.105149 OF 2023 :
BETWEEN:
B.HANUMANTHI W/O ANJINEYA
AGE: 56 YEARS, OCC: AGRICULTURIST,
R/O KUDUTHINI VILLAGE,
TALUK AND DIST: BALLARI 583115
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD. DAVANGERE -577 005.
2 . M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLO ROAD, MUMBAI-400 009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 9/2014 AND RP NO. 09/2022 DATED
11.07.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO.105150 OF 2023:
BETWEEN:
SMT ANJINAMMA W/O YELLAPPA
AGE: 77 YEARS, OCC: AGRICULTURIST,
R/O ALLIPURA VILLAGE,
TALUK AND DIST: BALLARI 561213.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A MAGADUM AND
SMT. ARCHANA A MAGADUM, ADVOCATES)
AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD.
DAVANGERE -577005.
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2 . M/S UTTAM GALVA FERROUS LIMITED
UTTAM HOUSE, NO. 69,
DT MELLO ROAD, MUMBAI-400009.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
HEAD OFFICE, NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU 560007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1;
SRI. VEERESH R BUDIHAL ADVOCATES FOR R2;
SRI. DHYANA CHINNAPPA, SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION
ACT, AGAINST JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 14/2014 AND RP NO. 14/2022 DATED
11.07.2023 BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE,
BELLARY AT BELLARY.
IN MFA NO. 105186 OF 2023:
BETWEEN:
MOHAMMED RAFEE S/O. H.P. HONNURSAB,
AGE.44 YEARS, OCC. AGRICULTURIST,
R/O. MAHABOOB COLONY,
SINDHANUR TALUK, DIST. BALLARI-584 128.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD, DAVANGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,DT MELLO ROAD,
MUMBAI-400 009.
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 2,82,77,321/- I.E. AT THE RATE OF
RS. 23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 8/2015 AND RP NO. 32/2022 DATED
15/06/2023 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 105187/2023:
BETWEEN:
BABA SHAIKH S/O M.P. BAHADDOOR,
AGE. 32 YEARS, OCC. AGRICULTURIST,
R/O. BHUVANAGAR COLONY, SIRUGUPPA ROAD,
TALUK AND DIST. BALLARI-583 101.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD, DAVANGERE-577 005.
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLO ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR, EAST WING,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 35,55,405/- I.E. AT THE RATE OF RS.
23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 09/2015 AND RP NO. 33/2022 DATED
15/06/2023 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100797/2024:
BETWEEN:
P.DODDAPPA S/O. P. BASAPPA,
AGE. 62 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
TALUK AND DIST. BALLARI-583 115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577 005.
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69,
DT MELLORE ROAD, MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO ALLOW THIS APPEAL
AND AWARD PROPER, JUST AND REASONABLE ENHANCED
COMPENSATION OF RS. 4,85,90,535/- I.E. AT THE RATE OF
RS. 23,70,270/- PER ACRE OR MORE AS THE CASE MAY BE, BY
MODIFYING JUDGMENT AND AWARD, DATED 05.11.2020
PASSED IN LAC NO. 05/2014 AND RP NO. 05/2022 DATED
11/07/2023 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, WITH COSTS, STATUTORY BENEFITS AND INTEREST
AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101141/2024:
BETWEEN:
SMT. P. NEELAVATHI W/O. P. DODDAPPA,
AGE. 56 YEARS, OCC. AGRICULTURIST,
R/O. KUDITHINI VILLAGE,
TALUK AND DIST. BALLARI- 583 115.
...APPELLANT
(BY SRI. GURUDAS KHANNUR, SENIOR COUNSEL FOR
SRI. ANANDKUMAR A. MAGADUM AND
SMT. ARCHANA A. MAGADUM, ADVOCATES)
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
DAVANGERE-577 005.
2. M/S. UTTAM GALVA FERROUS LTD.,
UTTAM HOUSE NO.69, DT MELLORE ROAD,
MUMBAI-400 009.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-560 007.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1,
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2,
SRI. DHYANA CHINNAPPA SENIOR COUNSEL FOR
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND
AWARD, DATED 05.11.2020 PASSED IN LAC NO. 3/2014 AND
RP NO. 03/2022 DATED 11/07/2023 BY THE 1ST ADDITIONAL
SENIOR CIVIL JUDGE, BALLARI, WITH COSTS, STATUTORY
BENEFITS AND INTEREST AS PER THE PROVISIONS OF THE
LAND ACQUISITION ACT, IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE APPEALS HAVING BEEN RESERVED FOR
JUDGMENT ON 24.09.2024 COMING ON FOR
PRONOUNCEMENT, THIS DAY,
KRISHNA S.DIXIT J., DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
CAV JUDGMENT
(PER: THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT)
All these appeals seek to call in question multiple
Judgments & Award(s) entered by the Reference Court
under Section 18(1) of the erstwhile Land Acquisition Act,
1894 whereby compensation has been enhanced after
determining the market value of the lands acquired,
afresh. In one set of these appeals preferred by the
Karnataka Industrial Areas Development Board (KIADB) is
the immediate beneficiary of acquisition, mediate
beneficiary being the Allottee. Both they complained that
the enhancement of compensation is exponential qua the
SLAO Award and the same is unjustified. In other set of
appeals preferred by the claimants, grievance is that the
enhancement of compensation falls short of what is legally
due to them.
II. FOUNDATIONAL FACTS OF THE CASE:
a) The KIADB is a statutory entity established under
Section 5 of the Karnataka Industrial Areas Development
Act, 1966. As the title of the Act indicates, it is formed for
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AND 95 CONNECTED MATTERS
the purpose of establishing/developing industrial area. It
earmarks the areas comprising ordinarily private lands for
being declared as industrial areas by the State
Government. The Act provides for acquisition of private
lands for public purpose on payment of compensation to
the persons interested in the lands. It is the State
Government, which notifies acquisition process under the
provisions of Section 28 of the 1966 Act. The proposal was
to acquire in all, 4950.61 acres in four villages of Ballari
District; the extents of lands and villages in which they are
situate are furnished in a tabular form below:
Extent of lands Village
1636.53 acres Kuditini
1138.14 acres Kolagallu
2130.11 acres Veniveerapura
43.83 acres Yarangalige
b) All these lands have been acquired under the
provisions of 1966 Act for setting up industries, is not in
dispute. The Preliminary Notification was published on
06.05.2010; the Final Notification was published on
23.08.2010; Notice under Sections 9 & 10 was issued on
29.05.2012; possession also came to be taken in due
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AND 95 CONNECTED MATTERS
course. None of the landowners objected to the acquisition
process. It is the case of claimants that on 28.09.2010,
the Price Advisory Committee (PAC) meeting was
convened under the Chairmanship of Deputy
Commissioner of Ballari District; Rs.5,00,000/-,
Rs.6,00,000/- and Rs.8,00,000/- were offered as
compensation per acre depending upon the location,
nature & potentiality of the lands.
c) The PAC had fixed compensation at the rate of
Rs.1,50,000/- for the lands in Kuditini Village,
Rs.2,31,000/- for the lands in Kolagallu Village,
Rs.1,86,000/- for the lands in Veniveerapura Village, and
Rs.22,000/- for the lands in Yerangalige Village. This was
per acre price. They did not agree to the same groaning
that it was inadequate. Award came to be passed on
25.05.2013 accordingly. The claimants received the award
amount under protest. Therefore, the Reference Cases
arose under Section 18(1) of 1894 Act. The Allottee of the
lands was impleaded as a respondent in the reference
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AND 95 CONNECTED MATTERS
proceedings. The KIADB and the Allottee resisted the claim
for enhancement of compensation.
d) In the trial of all the clubbed Reference Cases, as
many as 33 witnesses were examined from the side of
claimants and 184 documents came to be produced &
marked as Exs.P.1 to P.184. These documents inter alia
comprised of General Awards, sketch of lands, statutory
notices, Government Circulars, statistics of sale prices
from Sub-Registrar’s Office, Sale Deeds, Section 11
notices; Section 12(2) notices, Encumbrance Certificates,
Powers of Attorney, RTCs, Spot Inspection Reports,
Valuation Report, LAC judgments, KIADB sketches, etc.
From the side of respondents, one Smt. Saroja B.B.,
Special Land Acquisition Officer, was examined as R.W.1
and, in her deposition, 9 documents came to be produced
& marked as Exs.R.1 to R.9. These documents comprised
of General Award, Sub-Registrar’s Report, chart of
beneficiaries & details of lands allotted to them, sketch of
lands acquired, proceedings of PAC (JSW Steels &
Shathavahana Ispat), High Court judgment & Sale Deeds.
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AND 95 CONNECTED MATTERS
e) The Reference Cases in the subject LACs came to be
allowed by the impugned Judgments & Award(s)
enhancing the compensation with the observation:
“…Hence, the compensation awarded by the LAO is
enhanced for the lands fixed at Rs.5,00,000/- to
Rs.10,00,000/- per acre, Rs.6,00,000/- to Rs.11,00,000/-
per acre and Rs.8,00,000/- to Rs.13,00,000/- per acre
(i.e. for each acre Rs.5,00,000/- has been enhanced)…”.
The KIADB has preferred a set of appeals on the ground
that exponential enhancement of compensation is
unjustified. On the contrary, claimants too have preferred
other set of appeals grieving that determination of
compensation at the hands of the Reference Court is
frugal. The Allottee-Company had moved a Review Petition
which came to be dismissed on 02.02.2023. However,
challenge to the same in writ jurisdiction came to be
allowed by a learned Single Judge of this Court.
Accordingly, the Award came to be modified by downsizing
the compensation amount as under:
– 106 –
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
SLAO Award Reference Court Total
Village
(Per Acre) (Per Acre) (Per Acre)
Kudithini Rs.1,50,000/- Rs.5,00,000/- Rs.6,50,000/-
Veeniveerapura Rs.1,86,000/- Rs.5,00,000/- Rs.6,68,000/-
Yerrangali Rs. 22,000/- Rs.5,00,000/- Rs.5,22,000/-
Kolagallu Rs.2,31,000/- Rs.5,00,000/- Rs.7,31,000/-
III. We have heard the learned Panel Counsel
appearing for the KIADB, learned Senior Advocate
representing the Allottee of lands and learned Advocates
appearing for the claimants. We have also perused Appeal
Papers and records. We have adverted to the relevance of
an avalanche of Rulings cited at the Bar. Our discussion
follows as under:
1. AS TO TRANSPOSITION OF ALLOTTEE OF LANDS
AS A CO-APPELLANT IN THE APPEALS FILED BY
KIADB:
1.1. The Allottee of the lands, M/s. Uttam Galva Ferrous
Ltd., who happens to be one of the respondents in these
appeals, has moved an application seeking transposition
as a co-appellant in the appeals filed by the KIADB.
Learned counsel appearing for the Allottee submitted that
his client had participated in the proceedings of KIADB, of
PAC and of LAC proceedings; he has been rightly arrayed
as a respondent in both the sets of appeals; it is he who
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AND 95 CONNECTED MATTERS
has to bear the brunt of paying enhanced compensation
and therefore, he has legitimate right to be transposed as
a co-appellant and that he is ready & willing to pay the ad
valorem court fees, as well. He invokes the principles of
natural justice. Learned advocates appearing for the
claimants opposed the application for transposition heavily
placing reliance on Apex Court decision in GREGORY
PATROV vs. MANGALORE REFINERY &
PETROCHEMICALS LTD.1
1.2. Ordinarily, it is the State Government which
exercises the power of eminent domain and thereby
acquires private property for public purpose. In this case,
accordingly the acquisition of lands has been accomplished
under the provisions of Section 28/29 of 1966 Act
principally at the instance of KIADB. Therefore, ordinarily
KIADB happens to be the beneficiary having interest in the
land. However, when a large chunk of lands i.e., 4950.61
acres is allotted to an entity, it will be incongruous to not
to hear it on the technical point of its being not a
necessary or proper party. It is not in dispute that
1
(2022) 10 SCC 461
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MFA NO.100979/2022
AND 95 CONNECTED MATTERS
compensation has been paid in respect of very large
extent of lands by way of consent awards. What prejudice
would be caused to the claimants if the Allottee is heard in
the matter, is not demonstrated except citing the decision
supra. Learned Senior Advocate Mr.Dhyan Chinnappa
graciously agreed that the transposition being a matter of
formality, if his client is heard in the matter, no formal
orders need to be passed on the request for transposition.
We also noticed that in the appeals of the claimants no
ground is taken up to falter impleadment of the Allottee by
the Reference Court; this could have been raised as a
grievance in their appeals as provided under Order XLIII
Rule 1A of Amended CPC,1908. However, that has not
been done.
1.3 Added, in matters like this, hearing all the stake
holders would infuse a sense of justice in them, since
gigantic financial implications are involved. If the
enhancement of compensation is sustained, the burden
would be on the Allottee of lands inasmuch as, the said
allotment is admittedly subject to outcome inter alia of
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AND 95 CONNECTED MATTERS
alteration of compensation amount in reference under
Section 18 or Section 28A of the erstwhile Land Acquisition
Act, 1894. It is said that even God is said to have given an
opportunity of hearing to Adam & Eve before punishing
them for consuming the proscribed fruit in the Eden
Garden. This broad view of ours does not offend the ratio
in GREGORY PATROV supra. We have also noticed the
observations of the Apex Court in its order in Civil Appeal
Nos.621-700/2023 between B.RAVI PRAKASH, ETC. vs.
KIADB, disposed of on 31.01.2023 wherein Allottee of the
kind has been treated as the beneficiary or at least as an
entity which would have laid challenge to the
enhancement of compensation done in reference
jurisdiction. This decision is relied upon by the Advocate
appearing for the claimants, of course, to press some
other point. Much is not necessary to deliberate. Suffice it
to say that the Allottee needed to be heard in the matter
and accordingly, we have done.
2. AS TO RELEVANCY AND WEIGHTAGE OF THE
SALE DEEDS AT EXS.P27 & P28:
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2.1. Learned advocates appearing for the claimants
vehemently argued that the Reference Court grossly erred
in not acting upon the documents at Ex.P27 i.e., Sale
Deed dated 02.02.2010 & Ex.P28 i.e., another Sale Deed
dated 29.01.2010 and the reasons given for that are
unsustainable. Per contra, learned Senior Advocate Mr.
Dhyan Chinnappa appearing for the Allottee of the land
and learned Panel Counsel appearing for the KIADB made
submission in support of reasoning of the Court below, so
far as the relevance and evidentiary value of these
documents are concerned. In the Judgment & Award(s)
rendered in LAC No.1/2014 connected with other LACs,
this aspect of the matter has been discussed inter alia
in paragraph Nos.33 to 36. The sale deed dated
02.02.2010 (Ex.P27) mentions Rs.25,00,000/- as
consideration for the sale of one acre of agricultural land
executed way back in February 2010; it comprises of a
dry land. The sale deed dated 29.01.2010 (Ex.P28)
mentions Rs.30,000/- as consideration; strangely, it is
paid in cash…; it comprises of a house site admeasuring
30 x 41½ sq. ft. situate in a housing layout within the
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gaunthaana i.e., Ward No.7 of Kuduthini Gram Panchayat,
although it is converted to non-agricultural user. Why it
was so converted remains a mystery. Be that as it may.
2.2. Nothing is produced on record to show that these two
properties are in the proximity of the lands in acquisition;
true it is, both these properties are situate in the same
village; that fact per se does not make the price pattern a
Thumb Rule, several other factors obviously entering the
fray. Neither the sellers nor buyers nor the scribe nor the
witnesses have been examined to vouchsafe the prices
stated therein being true, despite all they hailing from the
same village. No explanation is offered for not calling any
of them to the witness box. It is not that all of them have
gone with the wind or otherwise were not available. This is
how learned Judge of the Reference Court has reasoned
out at paragraphs 33 & 34 of the impugned judgment,
although it is not that articulate.
2.3. In saying the above, we have also kept in mind Apex
Court decision in CEMENT CORPORATION OF INDIA vs.
PURIA2, wherein at para 33, it is observed, as under:
2
(2004) 8 SCC 270
– 112 –
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“33. The submission of Mr. G. Chandrasekhar to
the effect that the contents of a sale deed should
be a conclusive proof as regard the transaction
contained therein or the court must raise a
mandatory presumption in relation thereto in terms
of Section 51A of the Act cannot be accepted as the
Court may or may not receive a certified copy of
sale deed in evidence. It is discretionary in nature.
Only because a document is admissible in evidence,
as would appear from the discussions made
hereinbefore, the same by itself would not mean
that the contents thereof stand proved. Secondly,
having regard to the other materials brought on
record, the court may not accept the evidence
contained in a deed of sale. When materials are
brought on record by the parties to the lis, the
court is entitled to appreciate the evidence brought
on records for determining the issues raised before
it and in the said process, may accept one piece of
evidence and reject the other.”
It hardly needs to be stated that the prices stated in the
conveyances cannot be taken as gospel truths, although
they may be taken as presumptive, depending upon
variable circumstances.
2.4. As already mentioned, these two sale deeds are
executed more than two years anterior to the issuance of
Preliminary Notification (06.05.2010). The Court below has
rightly felt that there are other contemporaneous
conveyances which taken together diminish the
evidentiary weightage of Exs.P27 & P28, since they are in
the nature of stray transactions. It was Aristotle who said
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“…For one swallow does not make a summer…”3 (it is also
ascribed to Shakespeare). Added Ex.P28 which mentions
of 30 x 41½ sq. ft. site in a housing layout carved out in a
‘NA Land’, pales into insignificance when the acquisition
involves thousands of acres of agricultural land. When
acquisition is in acreage, ‘feet unit’ is not the right
yardstick for the determination of market value vide SLAO
vs. M.K.RAFIQ SAHEB4. Added to this, the Court below
at Paragraph No.32 has referred to a plethora of
documents which would become more plausible & forefront
evidence.
2.5. To show that the prices stated in Exs.P27 & P28
cannot be taken at their face value at least for the purpose
of determining the market value of the subject lands, our
attention is rightly drawn to the observations of the
Reference Court at Paragraph No.36 of the impugned
judgment and we cannot disagree with its reason & logic.
The Market Value Assessment Register Extract issued by
3
The Nicomachean Ethics, 350 BC
4
AIR 2011 SC 3178
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the Sub-Registrar has been produced by the KIADB as
Ex.R3 in the deposition of RW1. Its gist is as under:
(a) During the year 2008, there were as many as 15 sale
transactions in respect of lands in Kuidithini Village.
Their statistical data is put in a tabular form for ease
of understanding:
Date of sale Extent of Lands Consideration/
deeds (in Acres) price
10.01.2008 2.32 Rs.1,62,500/-
11.02.2008 1.00 Rs.80,000/-
28.01.2008 1.41 Rs.85,000/-
26.02.2008 4.98 Rs.3,33,000/-
11.08.2008 4.34 Rs.6,51,000/-
20.08.2008 6.86 Rs.6,18,000/-
22.08.2008 2.21 Rs.1,06,000/-
01.09.2008 3.10 Rs.6,20,000/-
20.02.2009 1.17 Rs.1,75,500/-
04.06.2009 3.15 Rs.2,84,000/-
13.08.2009 3.00 Rs.2,25,000/-
12.04.2009 12.66 Rs.12,15,000/-
24.04.2010 1.50 Rs.1,25,000/-
20.05.2010 5.15 Rs.3,87,000/-
27.05.2010 1.03 Rs.2,06,000/-
Total 53.88 Rs.52,73,000/-
The average of all this arithmetically works out to be
Rs.97,866/- per acre.
(b) Learned Judge of the Court below, has observed that
during the period between February 2008 and May
2010, no land is sold in the Village of V.V. Pura for a
price beyond Rs.3,00,000/- per acre. Similarly,
during the period between April 2007 and
March 2010, no land is sold in Haraginadooni Village
for a price beyond Rs.3,00,000/- per acre. During the
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period between May 2007 and April 2010 lands were
sold in Yarangali Village for a price lesser than
Rs.3,00,000/- per acre. Learned Judge has rightly
observed at Page No. 137 of the impugned Judgment
& Award(s): “… perusal of the documents i.e., Ex.R3
discloses that the approximate value for which the
lands have been alienated in the year 2008 to 2010
is not more than the amount in between
Rs.2,00,000/- to Rs.4,00,000/- per acre. Hence, if
we compare the transactions from the year 2007 to
2010 as per Ex.R3 and Ex.P27, there is lot of
difference in the amount of sale consideration which
is highly inconsistent. As per Ex.P17 one acre of land
in Sy.No.670 B2 was sold for Rs.25,00,000/- on
06.02.2010. But in the same village in the same area
none of the lands has been sold more than
Rs.3,00,000/- per acre as per Ex.R3. … Moreover the
Ex.R3 is more probable than the Ex.P27, because the
Ex.R3 was issued by the Sub-Registrar,
Kurugodu. …” (sic).
(c) It is also relevant to mention here that no
explanation is offered by the claimants as to why
they have not produced any sale statistics for the
years proximately subsequent to the issuance of
Preliminary Notification; if one wants to rely upon the
sale transactions that precede the issuance of
Preliminary Notification then with some arguable
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degree of proximity in time & place, one has to, in all
fairness, produce similar statistical sale data for the
immediately succeeding period, so that some guess
work as to the variation of prices can be undertaken
and a fair yardstick for the determination of market
value can be secured. No explanation is offered from
the side of claimants even before us as to why that
exercise was not undertaken. It hardly needs to be
stated that one who knocks at the doors of Court,
has to do it with “clean head, clean heart & clean
hands”. The Reference Court therefore, has rightly
doubted the bonafide of claimants. More discussion
in this regard is not called for.
3. AS TO RELEVANCY OF JUDGMENT IN LAC
NO.30/2013, AS A PIECE OF DOCUMENTARY
EVIDENCE:
3.1. The Advocates appearing for the claimants
vehemently submitted that Ex.P27 i.e. Sale Deed dated
02.02.2010 comprising one acre of land sold at a price of
Rs.25,00,000/- was Ex.P23 in LAC No.30/2013 &
connected matters, disposed off on 01.03.2016 whereby
compensation was re-determined at the rate of
Rs.30,20,270/- per acre; the said judgment was set aside
by a Co-ordinate Bench of this Court in M.F.A.
No.101713/2016 (LAC) & other cases, between KIADB
vs. J.HANUMAKKA, on 08.01.2013; the order of the Co-
ordinate Bench has been set at naught by the Apex Court
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in Civil Appeal Nos.621-700/2023 between ARCELOR
MITTAL INDIA PVT. LTD. vs. B.PRAKASH, disposed off
on 31.01.2023; even the Review Petition Nos.1414-
1428/2023 & connected matters are also dismissed on
06.08.2024; that being the position, what has been
awarded as enhanced compensation in LAC No.30/2013,
would become a substantive evidence for granting
enhancement in terms of claimants’ appeals.
3.2. Per contra, learned Advocates appearing for the
KIADB and Allottee of the lands contended that the
judgment rendered in the said LAC cannot constitute a
substantive evidence inasmuch as: The same is not
relevant under Sections 40 to 44 of the Indian Evidence
Act, 1872; the enhancement of compensation in the said
LAC has not been done as per the known principles
obtaining in the field; the judgment of the Co-ordinate
Bench has been faltered on the technical point of locus
standii and therefore, Apex Court order which has set
aside the said judgment cannot be construed as affirming
the factors on the basis of which enhancement of
compensation was awarded.
3.3. When a judgment of any Court/Tribunal is produced
as a document, ordinarily, it has to be treated as a piece
of evidence regardless of its precedential value (if at all it
has any). The general principle that a mere production of
documents does not amount to proving its contents as
– 118 –
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AND 95 CONNECTED MATTERS
being true & correct. Several factors enter the field of
assessment of its evidentiary value. A document produced
by a party to the proceedings may be accepted as
evidence, does not mean that the Court has to accept it
blind foldedly and in all aspects. Merely accepting such
documents does not mean that the Court is bound to treat
them as absolutely reliable evidence. What is sought to be
achieved is that the transactions recorded in the
documents may be treated as evidence, just like any
other, and it is for the Court to weigh all the pros & cons
to decide whether such transaction can be relied on for
determining the real price of the lands in question, vide
LAND ACQUISITION OFFICER vs. V. NARASAIAH5.
What is observed in MANOJ KUMAR vs. STATE OF
HARYANA6, at Paragraph No. 25 being instructive, is
reproduced:
“25. The High Court has observed that the decision
in Swaran Singh’s case has been affirmed by the
judgment of the Supreme Court. As a matter of
fact, the special leave petition was dismissed. The
dismissal of the special leave petition without
assigning of reason cannot be treated as a binding
precedent of this Court. The High Court treated as if
this Court has decided the matter on merits and has
approved the decision of the High Court. Even if
that be so, the Courts are bound to take into
consideration the various aspects as discussed in
each and every case before relying upon and
following the award or judgment in other cases
relating to determination of the compensation as
there is no res judicata in such cases. In each case,5
AIR 2001 SC 1117
6
(2018) 13 SCC 96
– 119 –
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AND 95 CONNECTED MATTERS
some change in the factual scenario is bound to the
there such as quality of the land, category, time
gap and largeness and smallness, deduction to be
made. There are various factors which have to be
taken into consideration only then, decision has to
be rendered.”
4. EVIDENTIARY VALUE OF JUDGMENT IN LAC
NO.30/2013:
4.1 The judgment in LAC No.30/2013 & other connected
matters granted enhancement of compensation to
Rs.30,20,270/- per acre on the basis of evidentiary
material, of course, after excluding the sale deed dated
02.02.2010 i.e. Ex.P.23 therein which happens to be
Ex.P.27 herein. This enhancement was set at naught by a
Co-ordinate Bench of this Court in the subject MFAs only
on the ground that KIADB was not arrayed as a party to
the said LAC, only SLAO having been arrayed there and
heard too. Therefore, matter was remanded to Reference
Court. This remand came to be set aside by the Apex
Court in the subject Civil Appeals on the ground that there
was no need to issue notice to KIADB in the light of
Section 20 of 1966 Act. This would become obvious by the
observations made at Page No. 7 of the said decision
which runs this way:
“… In the impugned judgment, the High Court has
noted that not only that the Award of the Reference
Court was not challenged by the beneficiary
Company, but during the course of hearing of the
appeals, no submissions were canvassed by the
learned counsel representing the beneficiary
Company.”
– 120 –
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4.2 The above observations were made by the Apex
Court in the light of what was said by the Co-ordinate
Bench at Paragraph No.20 of its order, while setting aside
the subject LAC judgment. The following makes it clear:
“20. We are astounded by the conduct of
respondent No.3/beneficiary. No arguments
were advanced on behalf of respondent No.3
albeit represented by a counsel. The trial Court
having held that respondent No.3 is not a
necessary party to the proceedings, Special
Land Acquisition Officer not being a competent
authority to challenge the order impugned, in
the absence of notifying KIADB, the net result
would be the order impugned attaining finality
which would adversely affect the rights of the
parties who are liable to pay the compensation
more particularly, when the compensation
amount is enhanced from Rs.1,50,000/- per
acre to Rs.30,20,270/- per acre.”
Judgments, after all, are nothing but opinions as to the
existence or non-existence of certain facts. Going by all
the above, we are of a considered opinion that the Apex
Court judgment in the subject Civil Appeals cannot be
construed as granting imprimatur to the enhancement of
compensation granted in LAC No.30/2013 & other
connected matters. What is relevant of the previous
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judgment of the court is its conclusion or finding, but not
the evidence on which such conclusion or finding has been
arrived at. Undoubtedly, it is open to the party, who
opposes determination of compensation on the basis of
previous judgment, to say that the land dealt with
thereunder is not similar to the one covered in the
subsequent case. It cottons with rules of logic, reason &
justice. This view gains succor from Andhra Pradesh High
Court decision in ASSISTANT COLLECTOR & LAO vs.
PANDU RANGAIAH7.
5. AS TO ADMISSIBILITY OF JUDGMENT IN LAC
NO.30/2013 AS A PIECE OF EVIDENCE:
5.1 The vehement submission of Mr.Dhyan Chinnappa
that the subject LAC judgment does not fit into any of the
provisions of Sections 40 to 44 of Indian Evidence Act,
1872 and therefore, it cannot be looked into for any
purpose, appears to be too generalized a proposition.
Section 40 makes court judgments admissible & relevant
for the purpose of res-judicating “a second suit or trial”.
Section 41 makes judgments rendered in probate,
matrimonial, admiralty or insolvency jurisdiction as the
ones in rem; unquestionably, the LAC judgment being in
personam, this provision is not invocable. Section 42
makes judgments in personam relevant if they relate to
‘matters of a public nature relevant to the enquiry’.
Section 43 is an exception to Sections 40, 41 & 42 which
7
1997 AIHC 2741 (DB)
– 122 –
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
makes the judgments relevant only when their very
existence is in issue. Section 44 makes certain judgments
relevant for being proved to have been obtained by fraud,
collusion or at the hands of incompetent court. Section 42
read with Sections 11 & 13 of the Act makes LAC
judgment to some extent relevant, in view of Apex Court
decision in LAND ACQUISITION OFFICER vs.
H.NARAYANAIAH8. We hasten to add that, binding
nature of a judgment inter parte by virtue of res judicata
or because it has been rendered in rem, is different from it
being employed as a piece of evidence. This subtle
difference needs to be kept in mind, which at times slips
away. Suffice it to say that the LAC judgment cannot be
outrightly rejected as being inadmissible for the purpose of
determining compensation.
5.2 All the above being said, we have to bear in mind the
following observations of Top Court of the country in
NARAYANAIAH supra:
“…The existence of a judgment would not prove
the value of some piece of land not dealt with at
all in the judgment admitted in evidence. Even
slight differences in situation can, sometimes,
cause considerable differences in value…”.
Let us examine the LAC judgment from this perspective
now: At internal Page 51 of the said judgment, there are
8
(1976) 4 SCC 9
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AND 95 CONNECTED MATTERS
two independent tables giving the statistical data of sale
transactions for the block period of 2007-2010; the first
table speaks of agricultural lands and the second mentions
about non-agricultural ones; only the former being
relevant, is reproduced below:
1. PÀȶ d«ÄãÀÄ (Agricultural Land)
ªÀiÁgÁl CAQ 3 ªÀµÀðUÀ¼À
C.
UÁæªÀÄ ªÀµÀð CA±ÀUÀ¼À CAQ CA±ÀUÀ¼À
£ÀA.
¸ÀgÁ¸Àj ¸ÀgÁ¸Àj
1 2 3 4 5
2007-08 88,010=00
1 PÀÄqÀÄw¤ 2008-09 1,66,509=00
1,42,458=00
2009-10 1,72,856=00
CAvÀÆ MlÄÖ 4,27,375=00
2007-08 26,696=00
2 ºÀgÀV£ÀqÉÆÃt 2008-09 51,537=00
35,772=00
2009-10 29,084=00
CAvÀÆ MlÄÖ 1,07,317=00
2. PÀȶAiÉÄÃvÀgÀ d«ÄãÀÄ (N.A. Land)
ªÀiÁgÁl CAQ 3 ªÀµÀðUÀ¼À
C.
UÁæªÀÄ ªÀµÀð CA±ÀUÀ¼À CAQ CA±ÀUÀ¼À
£ÀA.
¸ÀgÁ¸Àj ¸ÀgÁ¸Àj
1 2 3 4 5
2007-08 19,82,079=00
1 PÀÄqÀÄw¤ 2008-09 28,96,953=00
33,04,271=00
2009-10 50,33,782=00
CAvÀÆ MlÄÖ 99,12,814=00
2007-08
2 ºÀgÀV£ÀqÉÆÃt 2008-09 EgÀĪÀÅ¢®è
2009-10
CAvÀÆ MlÄÖ
5.3 The statistical data relating to non-agricultural lands
has animated the claim for enhancement of compensation,
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the Reference Court having treated lands in that case as
having ‘NA potential’. However, that is not the case in the
appeals at our hands. At Paragraph Nos. 37 & 38, the
Court below after examining the entire material on record
has returned a specific finding that in the same villages,
prices of the lands vary from place to place and that the
subject lands do not have any special features unlike the
lands comprised in LAC No.30/2013. It is the contention of
claimants that: in Kudithini village there are several
industrial establishments; these lands have conversion
potential for industrial purpose; they come within the
Vijayanagara Area Development Authority and they adjoin
Ballari City or National Highway. However, no evidentiary
material worth mentioning is placed on record to
substantiate the same, as rightly observed by the Court
below inter alia at Paragraph No.37 of the impugned
judgment.
5.4 Learned Senior Advocate appearing for the allotee of
lands is more than justified in telling us that, the
determination of compensation made on the basis of
‘irrelevant’ evidentiary material cannot be sustained and
such determination does not provide a comparable unit,
either. He draws our attention to the registered Gift Deed
dated 22.12.2009 ( Item No.10 ) executed by one Smt.
U.Obamma in favour of one Mr. U.Basavaraj who is none
other than her son. It comprises of a small site
admeasuring 16½x40 = 660 sq. ft. and a structure exists
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in that; its market value is shown to be Rs.2,05,000/-. As
per the Schedule to the Karnataka Stamp Act, 1957 only a
sum of Rs.1,750/- is paid as concessional stamp duty
since transaction is between the family members. Such
documents cannot readily be looked into as a guiding star
for ascertaining the true market value. Similarly, the other
document i.e., Item No.7 is a Memorandum of Equitable
Mortgage dated 01.09.2009 executed by the loanee
K.Basaiah in favour of State Bank of Mysore at Kampli. It
is registered, is true. Only a small sum of Rs.880/- is paid
by way of stamp duty. It also comprises of a tiny site
25×25 = 625 sq. ft. This mortgage secures a debt of
Rs.3,50,000/-. For the same reason, this document is also
irrelevant. That being the position, much credence cannot
be attached to the judgment in LAC No.30/2013 which has
heavily relied upon these documents at Ex.P.13, as
discussed in Paragraph No.42 therein.
6. AS TO THE CLAIM FOR SAME COMPENSATION
FOR DIFFERENT LANDS COMPRISED IN ONE
ACQUISITION:
6.1. The vehement submission of claimants that in view of
NAGPUR IMPROVEMENT TRUST vs. VITTHAL RAO9
AND UOI vs. HARINDERPAL SINGH10 that the Market
Value of a land in a particular village would be the Market
Value for all other lands in the said village that are9
(1973) 1 SCC 500
10
(2005) 12 SCC 564
– 126 –
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AND 95 CONNECTED MATTERS
comprised in the same acquisition notification, appears to
be too far fetched a proposition. Even in respect of lands
in the same village, differences in their valuation may
galore regard being had to a host of factors such as
conversion potential, fertility levels, nature & location and
therefore, treating them all as equal ignoring the
demonstrable differences, would offend the rule of equality
constitutionally enshrined in Article 14. ‘Equality’ enjoins,
treating equals as equals, and not unequals as equals. A
view in variance falls foul of E.P. ROYAPPA vs. STATE
OF TAMIL NADU11.
6.2. While discerning the ratio of a decision, one has to
keep in mind a set of primary principles possessing higher
normative value in the Legal System. Otherwise, the
System, which is expected to function as a body of
coherent principles, would have norms that may compete,
if not conflict, with one another, each diminishing the
value of other and thereby creating a chaotic market of
values. That would not augur well to the civilized
jurisdiction in general, and to the administration of justice
in particular. A perusal of paragraphs 5 & 15 in
HARINDER supra shows that the lands in five different
villages were substantially similar in all respects and
therefore, the Apex Court directed their equal treatment
for the purpose of determining the compensation. All those
lands were comprised in the very same notification figured
11
AIR 1974 SC 555
– 127 –
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AND 95 CONNECTED MATTERS
only as one of the factors, at the most. That is not the
case here, the differences in the nature, conversion
potentiality, nearness to city, etc. being apparent. A
decision is an authority for the proposition that is laid
down in the fact-matrix of a particular case, and not for
all that, that would logically follow from what has been so
laid down, said Lord Halsbury in QUINN vs. LEATHAM12.
6.3. The vehement submission of learned Senior Advocate
appearing for the claimants that on the principle enacted
in Section 28-A of 1894 Act, all lands comprised in one
Acquisition Notification should be treated as being equal in
all respects and therefore their owners should be handed
same recompense, is bit difficult to countenance: if lands
from Kanniyakumari to Kashmir are notified for acquisition
for laying a Railway Track, going by assertion of the
claimants, same compensation has to be given to all those
lands, notwithstanding the fact that a piece of land
comprised in the notification is situate in the heart of city
whereas another lies in a remote village. This, we say only
to illustrate how illogical & unjust it would be, to do that.
Compensation is determined principally on the basis of
market value of the lands concerned. Obviously market
value of land in Kashmir would be much different from
that of the land in a tiny village nearby Kanniyakumari and
other lands situate in between.
12
1901 AC 495
– 128 –
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6.4 A wide preposition of the kind canvassed on behalf of
claimants does not fit into the scope of Section 28-A of the
erstwhile 1894 Act which provided for the
re-determination of compensation. Such re-determination,
section does not say, should result into payment of same
compensation for all the lands comprised in one
notification or situate in the same village. The terminology
of this provision is significant: Sub-section (1) employs the
term “amount of compensation payable to them may be
re-determined”; sub-section (2) employs the term
“determining the amount of compensation”; and
sub-section (3) employs the expression “for the
determination”. It is a quasi-judicial exercise and notice to
and hearing of all stake holders, is made mandatory. The
text & context of this provision does not give scope for the
argument that same compensation has to be given for all
the lands comprised in one acquisition, disregarding the
demonstrable differences obtaining in them. If law maker
intended, the view now canvassed before us by the land-
losers, the language of this Section could have been much
different. The decision in ALI MOHAMMAD BEIGH vs.
STATE OF J & K13 does not support the contra view. In
that case, the lands in three different villages were held to
be similar in all respects and therefore, discrimination in
the matter of compensation was not allowed. It is not on
the ground that all they were comprised in one single
notification.
13
(2017) 4 SCC 717
– 129 –
MFA NO.100979/2022
AND 95 CONNECTED MATTERS
7. AS TO ACQUISITION OF LAND AND PAYMENT
OF COMPENSATION BY AGREEMENT U/S 29(2) OF
KIAD ACT:
7.1. As already mentioned above, a huge extent i.e.,
4950.61 Acres of land all situate in four different villages
of the same taluka has been acquired. Of that, for 88.21%
to be precise of land, the compensation has been
determined by agreement u/s 29(2) of the 1966 Act. The
PAC headed by the Deputy Commissioner of Ballari District
had fixed the compensation as under:
• Rs.6,00,000/- for lands abutting the road
connecting Kuduthini and Kurugodu;
• Rs.8,00,000/- for lands in Kolugollu village
between the Railway Tracks and NH63; &
• Rs.5,00,000/- for all other lands per acre
respectively.
If owners of land nearly to the extent of 90% after
deliberation have accepted the above values, sans any
demur, it cannot be without any reason or rhyme. The
determination of compensation by the PAC appears to be
just & proper. It is not that non-parties too are bound by
those arrangements; legally speaking they are not.
However, when a big chunk of land-losers have accepted
the determination of compensation, that cannot be
brushed aside while re-determining the same in contested
matters, especially when fraud, fabrication or the like are
not alleged. On what basis the Reference Court has
enhanced the compensation exponentially, remains a
mystery wrapped in enigma. We are of a considered
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opinion that enhancement granted by the Reference Court
is not justified to a large extent. That being said, there is
scope for arguing that what has been awarded by the
SLAO is a bit on the lower side. Justice of the case
warrants that the enhancement granted by the Reference
Court needs to be set at naught and the compensation
awarded by the SLAO needs to be marginally enhanced.
In the above circumstances, we make the following:-
ORDER
(i) The appeals filed by the KIADB/SLAO having
been partly allowed, the impugned Judgement
& Awards of the Reference Court are
downwardly modified re-determining the
market value of the subject lands by adding
30% of the sum specified in the SLAO Awards
in question; the enhanced compensation shall
be accordingly computed by taking into account
all statutory admissibles and be paid to the
concerned land-losers, forthwith.
(ii) The amount deposited by the appellant – KIADB
or the respondent – allottee if any, shall be
remitted to the Reference Court for satisfying
the modified award(s) as now made by us and
the remainder if any (including the amount
already deposited in the Reference Court), shall
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AND 95 CONNECTED MATTERS
be refunded to the concerned, before long, after
ascertaining credentials.
(iii) As a consequence of the above, the appeals
filed by the land-losers seeking enhancement of
compensation laying challenge to the
Judgement & Award(s) made by the Reference
Court are hereby dismissed.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
Kms/Vnp/Cbc/Bsv