Sangappa (Dead) Through Lr vs. The Executive Engineer

ITEM NO.36 COURT NO.5 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 389/2023 (Arising out of impugned final judgment and order dated 06-04-2022 in MFA No. 201211/2014(LAC) passed by the High Court of Karnataka at Kalaburagi)

SANGAPPA (DEAD) THROUGH LR. & ORS. Petitioner(s)

VERSUS

THE EXECUTIVE ENGINEER & ORS. Respondent(s)

( IA No.18368/2023-CONDONATION OF DELAY IN FILING and IA No.18375/2023-APPLICATION FOR SUBSTITUTION and IA No.18372/2023- EXEMPTION FROM FILING O.T. and IA No.18370/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.18376/2023-CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. and IA No.18374/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 24-04-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE BELA M. TRIVEDI

For Petitioner(s). Mr. Vivek C. Solshe, Adv. Mr. Varun V. Solshe, Adv. Mr. Pradeep K. Gupta, Adv.

Mr. Ashok Kumar Gupta Ii, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

Permission to file Special Leave Petition is granted.

IA No.18376/2023 and IA No.18375/2023 are allowed.

Learned counsel for the petitioners submits that his

appeal under Section 54(1) of the Land Acquisition Act has been decided by the High Court appears to be on its own merits.

But after passing of the impugned judgment, he came across an order by other Coordinate Bench of the High Court of Karnataka dated 8th June, 2018, where the acquisition notification was of 18th February, 1999 under Section 4(1) of the Act and acquisition was under the same Tehsil Chincholi, District Gulbarga and it was the dry land which was acquired and the compensation which was awarded by the coordinate Bench of the High Court was Rs.3,76,322/- per acre.

Learned counsel submits that in the present facts and circumstances, the compensation which has been awarded to the petitioners by the High Court, appears to be re-looked keeping in view the order of the Coordinate Bench of the High Court dated 8th June, 2018.

We are not inclined to interfere at this stage with the order impugned, however, consider it appropriate to grant liberty to the petitioners to file a review application, if so advised. If such an application is filed, the same may be examined on its own merits in accordance with law.

We further make it clear that if the petitioners feel aggrieved by the outcome of the review application, they will be at liberty to challenge the same in appropriate proceedings, as advisable under the law.

2

The Special Leave Petition is dismissed with the aforestated observations.

Pending application(s), if any, shall stand disposed of.

(SONIA BHASIN) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER