IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF MARCH 2021

BEFORE

THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

M.S.A. No.7 OF 2012 (LA)

BETWEEN:

SRI. DEVARAJEGOWDA S/O MUDALAGIRIGOWDA AGED MAJOR R/AT YARAHALLI VILLAGE HANDINAKAERE DAKLE KASABA HOBLI HASSAN TALUK & DISTRICT-573201

...APPELLANT

(BY SRI: G V NARASIMHAMURTHY, ADVOCATE)

AND:

THE SPECIAL LAND ACQUISTION OFFICER HEMAVATHI RESERVE PROJECT NO II HASSAN-573201.

...RESPONDENT

(BY SMT: JYOTHI BHAT, HCGP)

THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT AGAINST THE JUDGMENT DATED 23.4.2010 PASSED IN R.A.NO.286/2009 ON THE FILE OF THE PRL. DISTRICT JUDGE, HASSAN, REJECTING THE APPEAL FILED UNDER ORDER 41, RULE 1 OF CPC., AND SECTION 53 OF LAND ACQUISITION ACT AND CONFORMING THE JUDGMENT AND DECREE DATED 22.4.2009 PASSED IN LAC NO.37/2008 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) HASSAN, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT.

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THIS MSA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

J U D G M E N T

When this matter is taken up for hearing, learned counsel appearing for the petitioner as well as learned HCGP appearing for respondent submit that the dispute in question is covered by the decision of this Court in MSA.No.99/2010 dated 29.06.2011, whereby the compensation for the land acquired by the respondent under the very same notification has been enhanced from Rs.12,000/- to Rs.16,000/- per gunta.

2. In view of the above submission and following the judgment passed by this Court in MSA.No.99/2010 dated 29.06.2011, the appeal is allowed.

The compensation awarded to the petitioner is enhanced from Rs.12,000/- to Rs.16,000/- per gunta. Petitioner is held entitled to all other statutory benefits permissible under law.

SD/- JUDGE

BSS

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