The Executive Engineer vs. Shivakumar And Anr. Etc. Etc

ITEM NO.33 COURT NO.4 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

Petition(s) for Special Leave to Appeal (C) No(s).2537-2541/2023

(Arising out of impugned final judgment and order dated 15-06-2021 in MFA No.24829/2010, MSA No.579/2012, MSA No.580/2012, MSA No.581/2012 and MSA No. 598/2012 passed by the High Court of Karnataka, Circuit Bench at Dharwad)

THE EXECUTIVE ENGINEER Petitioner(s)

VERSUS

SHIVAKUMAR AND ANR. ETC. ETC. Respondent(s)

IA No.141187/2023 - DISPENSING WITH AUTHENTIC TRANSLATION

Date : 05-01-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT

HON'BLE MR. JUSTICE K.V. VISWANATHAN

• For Petitioner(s) Mr. Naveen R.Nath, Sr.Adv. Mr. Abhimanyu Verma, Adv. Ms. Lalit Mohini Bhat, Adv. Ms. Gayatri Birmani, Adv. Ms. Hetu Arora Sethi, AOR
• For Respondent(s) Mr. Basava Prabhu S. Patil, Sr. Adv. Mr. Abdul Azeem Kalebudde, AOR

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

1. Having heard learned Senior Counsel for the parties at a considerable length, and keeping in view the peculiar facts and circumstances of these cases, we are not inclined to interfere with the impugned judgment dated 15.06.2021 passed by the High Court of Karnataka at Dharwad.

2. The Special Leave Petitions are, accordingly, dismissed.

3. However, dismissal of these Special Leave Petitions does not amount to affirmation of the reasoning assigned by the High Court in para 36 of the impugned judgment regarding grant of compensation on uniform basis only on the ground that the land was acquired for the same public purpose. Digitally signed by satish kumar yadav Date: 2024.01.06 11:21:14 IST Reason: Signature Not Verified

4. As a result, the pending interlocutory application stands disposed of.

(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH)