IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 10TH DAY OF AUGUST , 2021

BEFORE

THE HON'BLE MR . JUSTICE SHIVASHANKAR AMARANNAVAR

MFA No .100457/2021

BETWEEN:

THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY AUTHORIZED INDIA OPP. LAXMI TALKIES, PUNE, BENGALURU ROAD , DHARWAD - 580008

.. .APPELLANT

(BY SRI. R. RAVINDRA NAIK HCGP)

AND:

THE MANAGER , RAJA CERAMIC UNIT , RAJA TILES COMPANY , KHANAPUR , DIST . BELAGVI - 590001

.. . RESPONDENT

(SRI. MALLIKARJUN S. HIREMATH , ADVOCATE)

THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT , 1894 , AGAINST THE JUDGMENT AND AWARD DATED 02 .01.2019 PASSED IN LAC NO.2/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS , KHANAPUR , AWARDING THE COMPENSATION OF RS.1 ,00 ,000/- PER GUNTA .

THIS MFA COMING ON FOR ORDERS THIS DAY , THE COURT PASSED THE FOLLOWING:

JUDGMENT

Heard the learned HCGP for the appellant and the learned counsel for the respondent.

2. The appeal is valued at Rs.7,80,000/-. As per Section 19(1) of Karnataka Civil Courts Act, 1964, the District Court is having pecuniary jurisdiction to entertain the appeal, if the valuation of the subject matter does not exceed Rs.10,00,000/-. In the present appeal, the valuation is Rs.7,80,000/-. Hence, the appeal has to be filed before the concerned District Court.

3. In view o f the above, the appeal is disposed o f with liberty to the appellant to file appeal before the concerned District Court, within one month from today.

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4. Registry is directed to return the documents to the learned HCGP.

5. There was an interim order dated 23.04.2021, staying the Judgment and award. The same shall continue for a period o f one month from today.

6. In view o f the disposal of the appeal, I.A.No.1/2021, I.A.No.2/2021 and I.A.No.4/2021 do not survive for consideration.

Sd/- JUDGE

*Svh/-