IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6159 OF 2021

KARNATAKA NEERAVARI NIGAM LIMITED APPELLANT( $S$ )

VERSUS

REVAPPA DEAD BY LRS & ORS.

RESPONDENT(S)

WITH

CIVIL APPEAL NO.7343 OF 2021

CIVIL APPEAL NO. OF 2021 (ARISING OUT OF SLP(C) NO. /2022 (DIARY NO.6788 OF 2021)

CIVIL APPEAL NO. OF 2021 (ARISING OUT OF SLP(C) NO. $/2022$ (DIARY NO.1510 OF 2021)

CIVIL APPEAL NO. OF 2021 (ARISING OUT OF SLP(C) NO. $\angle$ 2022 (DIARY NO.6792 OF 2021)

$0 R D E R$

Permission to file special leave petition(s) is granted.

Delay condoned.

Leave granted in the special leave petition(s).

In all these appeals the land involved is situated in village Harkanchi which had been acquired in terms of somnotification dated 11.04.1985 issued under Section 4 of 14.50 THE Land Acquisition Act, 1894.

$\mathbf{1}$

Under the same notification, some other land from the same village-Harikanchi was acquired, in respect of which the Reference Court vide decision dated 07.01.2016 in LAC No.276/2015 had awarded the compensation amount of Rs.1,20,814/-(Rupees One Lakh Twenty Thousand Eight Hundred Fourteen only) per acre for dry land and Rs.1,81,221/- (Rupees One Lakh Eighty One Thousand Two Hundred Twenty One only) per acre for wet land.

The High Court has awarded the same rate to the appellants before the High Court (respondents in the concerned appeals before this Court).

The grievance in the present appeal(s) is that the appeals filed by the claimants were entertained despite long delay in filing the same before the Appellate Forum.

On reading the impugned judgment, there is nothing to indicate that the High Court has awarded interest even for the delayed period.

In the circumstances, these appeals are disposed of whilst affirming the compensation amount quantified at Rs.1,20,814/-(Rupees One Lakh Twenty Thousand Eight Hundred Fourteen only) per acre for dry land and Rs.1,81,221/-(Rupees One Lakh Eighty One Thousand Two Hundred Twenty One only) per acre for wet land in village

Harkanchi, covered under the notification dated 11.04.1985.

However, the concerned land owner will not be entitled for interest for the period of delay in the concerned appeal(s) preferred before the Appellate Forum against the reference order.

These appeals are disposed of in terms of the above. Pending applications are also disposed of.

…...................J (A.M. KHANWILKAR)

…...................J (ABHAY S. OKA)

…...................J (J.B. PARDIWALA)

New Delhi May 10, 2022

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2591 OF 2022

THE EXECUTIVE ENGINEER, KNNL APPELLANT(S)

VERSUS

ANNARAO @ ANVEERAPPA & ANR. RESPONDENT(S)

WITH

CIVIL APPEAL NO.2593/2022

CIVIL APPEAL NO.2590/2022

CIVIL APPEAL NO.2594/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO.6476/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO.7289/2022

CIVIL APPEAL NO.884/2022

CIVIL APPEAL NO.6193/2021

CIVIL APPEAL NO.6351/2021

CIVIL APPEAL NO.7584/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.1522/2021

CIVIL APPEAL NO.882/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3060/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.4160/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.4162/2022

CIVIL APPEAL NO. /2022

(ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.5893/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3695/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3488/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3705/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.6767/2021

CIVIL APPEAL NO.340/2022

CIVIL APPEAL NO.492/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.6787/2021

CIVIL APPEAL NO.495/2022

CIVIL APPEAL NO.878/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.1513/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.31321/2021

CIVIL APPEAL NO.888/2022

CIVIL APPEAL NO.2089/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3456/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3104/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022

[DIARY NO.3055/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3056/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3062/2021

CIVIL APPEAL NO.336/2022

CIVIL APPEAL NO.493/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.6796/2021

CIVIL APPEAL NO.339/2022

CIVIL APPEAL NO.7344/2021

CIVIL APPEAL NO.6192/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.1484/2021

CIVIL APPEAL NO.879/2022

CIVIL APPEAL NO.885/2022

CIVIL APPEAL NO.886/2022

CIVIL APPEAL NO.338/2022

CIVIL APPEAL NO.496/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.1505/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.1471/2021

CIVIL APPEAL NO.497/2022

CIVIL APPEAL NO.7583/2021

CIVIL APPEAL NO.7582/2021

CIVIL APPEAL NO. /2022

(ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.29370/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.29411/2021

CIVIL APPEAL NO.2587/2022

CIVIL APPEAL NO.7345/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.1509/2021

CIVIL APPEAL NO.899/2022

CIVIL APPEAL NO.881/2022

CIVIL APPEAL NO.1968/2022

CIVIL APPEAL NO.2586/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.1507/2021

CIVIL APPEAL NO.1699/2022

CIVIL APPEAL NO.887/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.32219/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3698/2022

CIVIL APPEAL NO.2588/2022

CIVIL APPEAL NO.1717/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.30063/2021

CIVIL APPEAL NO.1696/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022

[DIARY NO.3480/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.29960/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3481/2022

CIVIL APPEAL NO.7347/2021

CIVIL APPEAL NO.7346/2021

CIVIL APPEAL NO.6194/2021

CIVIL APPEAL NO.7348/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.20358/2021

CIVIL APPEAL NO.333/2022

CIVIL APPEAL NO.331/2022

CIVIL APPEAL NO.335/2022

CIVIL APPEAL NO.7581/2021

CIVIL APPEAL NO.7580/2021

CIVIL APPEAL NO.6962/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.27617/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3021/2021

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3022/2021

CIVIL APPEAL NO.322/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3030/2021

CIVIL APPEAL NO. /2022

(ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.3045/2021

CIVIL APPEAL NO.491/2022

CIVIL APPEAL NO.880/2022

CIVIL APPEAL NO.883/2022

CIVIL APPEAL NO.332/2022

CIVIL APPEAL NO.337/2022

CIVIL APPEAL NO.334/2022

CIVIL APPEAL NO. /2022 (ARISING OUT OF SLP(C) NO. /2022 [DIARY NO.28451/2021

CIVIL APPEAL NO.325-330/2022

CIVIL APPEAL NO.2589/2022

O R D E R

These appeals pertain to Bennithora Project in Kalaburagi District and also Lower Mulla Mari Project in the same district.

It is noticed that the acquisition process had triggered pursuant to different notifications though pertaining to the same village.

The High Court, essentially, followed the earlier decision in respect of land situated at Harkanchi, which, in turn, had followed the decision in respect of land situated in Mattimadu village. These villages are, however, not in contiguity.

The Reference Court in the first decision concerning

Mattimadu village had arrived at compensation amount of Rs.2,08,300/- (Rupees two lakh eight thousand three hundred only) per acre in respect of notification dated 18.03.1999 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'). That decision was followed in a subsequent case decided in respect of Harkanchi village being LAC No.276/2015 decided on 07.01.2016, albeit in respect of notification dated 11.04.1985 issued under Section 4 of the Act. In that case, the Reference Court awarded the compensation amount of Rs.1,20,814/-(Rupees One Lakh Twenty Thousand Eight Hundred Fourteen only) per acre for dry land and Rs.1,81,221/- (Rupees One Lakh Eighty One Thousand Two Hundred Twenty One only) per acre for wet land.

As aforesaid, the High Court in the impugned judgment(s) and order(s) has essentially followed the determination done by the concerned Reference Court in the two different sets of acquisition proceedings initiated under different notifications, including different villages, unrelated to the villages covered under present appeals concerning Bennithora Project or Lower Mulla Mari Project.

Having heard learned counsel for the parties and keeping in mind the exposition of this Court in 'Manoj

Kumar Etc. Etc. vs. State of Haryana & Ors. Etc. Etc.', reported in (2018) 13 SCC 96, paragraph 12 to 15 in particular, we need to remand these appeals for consideration afresh. The relevant paragraphs of the reported decision read thus:-

"12. We have come across several decisions where the High Court is adopting the previous decisions as binding. The determination of compensation in each case depends upon the nature of land and what is the evidence adduced in each case, may be that better evidence has been adduced in later case regarding the actual value of property and subsequent sale deeds after the award and before preliminary notification under Section 4 are also to be considered, if filed. It is not proper to ignore the evidence adduced in the case at hand. The compensation cannot be determined by blindly following the previous award/judgment. It has to be considered only a piece of evidence, not beyond that. The court has to apply the judicial mind and is supposed not to follow the previous awards without due consideration of the facts and circumstances and evidence adduced in the case in question. The current value reflected by comparable sale deeds is more reliable and binding for determination of compensation in such cases award/judgment relating to an acquisition made before 5 to 10 years cannot form the safe basis for determining compensation.

13. The awards and judgment in the cases of others not being inter partes are not binding as precedents. Recently, we have seen the trend of the courts to follow them blindly probably under the misconception of the concept of equality and fair treatment. The courts are being swayed away and this approach in the absence of and similar nature and situation of land is causing more injustice and tantamount to giving equal treatment in the case of

unequals. As per situation of a village, nature of land, its value differ from distance to distance, even two to three kilometre distance may also make the material difference in value. Land abutting highway may fetch higher value but not land situated in interior villages.

14. The previous awards/judgments are the only piece of evidence on a par with comparative sale transactions. The similarity of the land covered by previous judgment/award is required to be proved like any other comparative exemplar. In case previous award/judgment is based on exemplar, which is not similar or acceptable, previous award/judgment of court cannot be said to be binding. Such determination has to be outrightly rejected. In case some mistake has been done in awarding compensation, it cannot be followed; on the ground of parity an illegality cannot be perpetuated. Such award/judgment would be wholly irrelevant.

15. There is yet another serious infirmity seen in following the judgment or award passed in acquisition made before 10 to 12 years and price is being determined on that basis by giving either flat increase or cumulative increase as per the choice of individual Judge without going into the factual scenario. The said method of determining compensation is available only when there is absence of sale transaction before issuance of notification under Section 4 of the Act and for giving annual increase, evidence should reflect that price of land had appreciated regularly and did not remain static. The recent trend for last several years indicates that price of land is more or less static if it has not gone down. At present, there is no appreciation of value. Thus, in our opinion, it is not a very safe method of determining compensation."

(emphasis supplied)

In the impugned judgment(s) and order(s), the High Court has made no effort to analyze the concerned case(s) either notification-wise or for that matter, villagewise, including the other parameters required to be observed for arriving at a just compensation amount.

Further, in most of the appeals, the appellant (Karnataka Neeravari Nigam Limited) was not made party in the appeal proceeding before the High Court.

It is also the grievance of the appellant that most of the cases, entertained at the instance of land owners, were grossly delayed and yet they have been granted enhancement, and in some cases along with interest.

The fact remains that the High Court in the impugned judgment(s) and order(s) has not analyzed each case independently much less notification-wise concerning particular village or area and keeping in mind the parameters delineated in the reported decision, adverted to earlier.

In our opinion, it is appropriate that the parties are relegated before the High Court for reconsideration of the entire matter afresh and in accordance with law.

Learned counsel appearing for the land owners were at pains to point out that some matters pertaining to some

of the notifications, referred to in the present appeal proceedings, have reached upto this Court and decided in favour of the land owners, including in some cases the appellants have acted upon the decision by paying compensation amount. Even the effect of such orders passed by this Court can be examined by the High Court on its own merits and in accordance with law.

Accordingly, we keep all contentions available to both sides open, to be considered by the High Court on its own merits and in accordance with law.

The impugned judgment(s) and order(s) are set aside and the concerned appeals/petitions are remanded to the High Court for reconsideration in the above terms.

The parties to appear before the High Court on 11.07.2022, when the High Court may assign suitable date for hearing of the concerned batch of cases which, as aforesaid, must proceed notification-wise pertaining to concerned village as a separate group.

Needless to observe that some of the notifications pertain to the year 1983, therefore, it would be appropriate that the High Court disposes of the appeal(s) expeditiously. The appeals are disposed of in the above terms.

Pending applications are also disposed of.

…...................J (A.M. KHANWILKAR)

…...................J (ABHAY S. OKA)

…...................J (J.B. PARDIWALA)

New Delhi May 10, 2022

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

Civil Appeal No(s). 6159/2021

KARNATAKA NEERAVARI NIGAM LIMITED Appellant(s)

VERSUS

REVAPPA DEAD BY LRS & ORS. Respondent(s)

WITH

C.A. No. 7580/2021 (IV-A)

C.A. No. 7582/2021 (IV-A)

C.A. No. 6192/2021 (IV-A)

C.A. No. 6171-6175/2021 (IV-A)

C.A. No. 6181-6182/2021 (IV-A) (IA No. 117292/2021 - APPLICATION FOR TAGGING/DETAGGING)

C.A. No. 6160-6170/2021 (IV-A) (IA No.126758/2021 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 126760/2021 - INTERVENTION/IMPLEADMENT)

C.A. No. 6176-6180/2021 (IV-A)

C.A. No. 6360/2021 (IV-A)

C.A. No. 6568-6569/2021 (IV-A)

C.A. No. 7586/2021 (IV-A)

C.A. No. 7585/2021 (IV-A)

C.A. No. 6570/2021 (IV-A)

C.A. No. 6567/2021 (IV-A)

C.A. No. 6361/2021 (IV-A)

C.A. No. 6362/2021 (IV-A)

C.A. No. 6363/2021 (IV-A)

Diary No(s). 1471/2021 (IV-A) (IA No.107273/2021 - CONDONATION OF DELAY IN FILING IA No.107275/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 7343/2021 (IV-A) (IA No. 116225/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 7344/2021 (IV-A) (IA No. 127053/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 7345/2021 (IV-A) (IA No. 109998/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 7584/2021 (IV-A) (IA No. 106747/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 1484/2021 (IV-A) (IA No. 106509/2021 - CONDONATION OF DELAY IN FILING IA No. 106510/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 1505/2021 (IV-A) (IA No. 111492/2021 - CONDONATION OF DELAY IN FILING IA No. 111490/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 1507/2021 (IV-A) (IA No. 128962/2021 - CONDONATION OF DELAY IN FILING IA No. 128959/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 1509/2021 (IV-A) (IA No. 127782/2021 - CONDONATION OF DELAY IN FILING IA No. 127781/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 1510/2021 (IV-A) (IA No. 111847/2021 - CONDONATION OF DELAY IN FILING IA No. 111846/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 1513/2021 (IV-A) (IA No. 114200/2021 - CONDONATION OF DELAY IN FILING IA No. 114198/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 1522/2021 (IV-A) (IA No. 128576/2021 - CONDONATION OF DELAY IN FILING) Diary No(s). 3021/2021 (IV-A) (IA No. 129732/2021 - CONDONATION OF DELAY IN FILING IA No. 129733/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Diary No(s). 3022/2021 (IV-A) (IA No. 128028/2021 - CONDONATION OF DELAY IN FILING IA No. 128027/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 322/2022 (IV-A) (IA No. 127400/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 3030/2021 (IV-A) (IA No. 127753/2021 - CONDONATION OF DELAY IN FILING IA No. 127754/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 325-330/2022 (IV-A) Diary No(s). 3045/2021 (IV-A) (IA No. 127455/2021 - CONDONATION OF DELAY IN FILING IA No. 127457/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 3055/2021 (IV-A) (IA No. 127467/2021 - CONDONATION OF DELAY IN FILING IA No. 127463/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 3056/2021 (IV-A) (IA No. 129689/2021 - CONDONATION OF DELAY IN FILING IA No. 129686/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 3060/2021 (IV-A) (IA No. 128187/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT. IA No.128182/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 3062/2021 (IV-A) (IA No. 127790/2021 - CONDONATION OF DELAY IN FILING IA No. 127789/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 332/2022 (IV-A) C.A. No. 333/2022 (IV-A) C.A. No. 337/2022 (IV-A) C.A. No. 334/2022 (IV-A) C.A. No. 331/2022 (IV-A) C.A. No. 338/2022 (IV-A) (IA No. 127432/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

C.A. No. 336/2022 (IV-A) (IA No. 132724/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 340/2022 (IV-A) C.A. No. 335/2022 (IV-A) C.A. No. 339/2022 (IV-A) (IA No. 133384/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 6767/2021 (IV-A) (IA No.132983/2021 - CONDONATION OF DELAY IN FILING IA No.132984/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.132982/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 493/2022 (IV-A) (IA No. 133406/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 492/2022 (IV-A) (IA No. 136864/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 6787/2021 (IV-A) (IA No. 133368/2021 - CONDONATION OF DELAY IN FILING IA No. 133366/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 6788/2021 (IV-A) (IA No. 137486/2021 - CONDONATION OF DELAY IN FILING IA No. 137488/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 495/2022 (IV-A) (IA No. 135337/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 6792/2021 (IV-A) (IA No. 138213/2021 - CONDONATION OF DELAY IN FILING IA No. 138212/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 496/2022 (IV-A) (IA No. 138328/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 6796/2021 (IV-A) (IA No. 135729/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 135728/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 491/2022 (IV-A) (IA No. 138386/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 881/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.137584/2021-CONDONATION OF DELAY IN FILING and IA No.137582/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 885/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.136886/2021-CONDONATION OF DELAY IN FILING and IA No.136885/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 879/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.138493/2021-CONDONATION OF DELAY IN FILING and IA No.138491/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 886/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.137690/2021-CONDONATION OF DELAY IN FILING and IA No.137689/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 899/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.137450/2021-CONDONATION OF DELAY IN FILING and IA No.137448/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 882/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.139225/2021-CONDONATION OF DELAY IN FILING and IA No.139221/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 883/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.138483/2021-CONDONATION OF DELAY IN FILING) C.A. No. 880/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.137745/2021-CONDONATION OF DELAY IN FILING) C.A. No. 884/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.137214/2021-CONDONATION OF DELAY IN FILING and IA No.137213/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 6189/2021 (IV-A) C.A. No. 6188/2021 (IV-A) C.A. No. 6185/2021 (IV-A) C.A. No. 6183/2021 (IV-A)

• C.A. No. 6190/2021 (IV-A)
• C.A. No. 6186/2021 (IV-A)
• C.A. No. 6187/2021 (IV-A)
• C.A. No. 6184/2021 (IV-A)
• C.A. No. 6191/2021 (IV-A)
• C.A. No. 6194/2021 (IV-A)
• C.A. No. 6193/2021 (IV-A)
• C.A. No. 6351/2021 (IV-A)

Diary No(s). 20358/2021 (IV-A)
(FOR ADMISSION and I.R. and IA No.126742/2021-CONDONATION OF DELAY
IN FILING and IA No.126744/2021-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT.

C.A. No. 6347/2021 (IV-A) C.A. No. 6346/2021 (IV-A) C.A. No. 6345/2021 (IV-A) C.A. No. 6962/2021 (IV-A) C.A. No. 7581/2021 (IV-A) C.A. No. 7583/2021 (IV-A) Diary No(s). 27617/2021 (IV-A) (IA No. 160540/2021 - CONDONATION OF DELAY IN FILING) C.A. No. 7346/2021 (IV-A) (IA No. 151908/2021 - EXEMPTION FROM FILING O.T.) C.A. No. 7347/2021 (IV-A) (IA No. 153042/2021 - EXEMPTION FROM FILING O.T.) SLP(C) No. 20408/2021 (IV-A) (FOR ADMISSION and I.R.) C.A. No. 7587/2021 (IV-A) C.A. No. 7348/2021 (IV-A) Diary No(s). 28451/2021 (IV-A) (IA No. 157809/2021 - CONDONATION OF DELAY IN FILING) C.A. No. 323/2022 (IV-A)

Diary No(s). 29370/2021 (IV-A) (IA No. 158447/2021 - CONDONATION OF DELAY IN FILING) Diary No(s). 29411/2021 (IV-A) (IA No. 161562/2021 - CONDONATION OF DELAY IN FILING IA No. 161012/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 497/2022 (IV-A) Diary No(s). 30063/2021 (IV-A) (IA No. 161253/2021 - CONDONATION OF DELAY IN FILING IA No. 161252/2021 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 1717/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.19263/2022-CONDONATION OF DELAY IN FILING) C.A. No. 324/2022 (IV-A) (FOR ADMISSION and I.R.) Diary No(s). 31321/2021 (IV-A) (IA No. 170119/2021 - CONDONATION OF DELAY IN FILING) Diary No(s). 32219/2021 (IV-A) (FOR ADMISSION and I.R. and IA No.17089/2022-CONDONATION OF DELAY IN FILING and IA No.17088/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 878/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.10100/2022-CONDONATION OF DELAY IN FILING and IA No.10098/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 887/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.11892/2022-CONDONATION OF DELAY IN FILING and IA No.11890/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..).) C.A. No. 888/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.13002/2022-CONDONATION OF DELAY IN FILING and IA No.13001/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 1696/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.25771/2022-CONDONATION OF DELAY IN FILING and IA No.25770/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) C.A. No. 1388/2022 (IV-A) (FOR ADMISSION and I.R.) 2591 C.A. No. 1699/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.23930/2022-CONDONATION OF DELAY IN FILING and IA No.23935/2022-EXEMPTION FROM FILING O.T. and IA No.23934/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

C.A. No. 2586/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.42083/2022-CONDONATION OF DELAY IN FILING and IA No.42086/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

C.A. No. 2587/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.43798/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.43799/2022-CONDONATION OF DELAY IN FILING APPEAL)

C.A. No. 2588/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.43983/2022-CONDONATION OF DELAY IN FILING and IA No.43984/2022-EXEMPTION FROM FILING O.T. and IA No.43981/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

C.A. No. 2089/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.33497/2022-CONDONATION OF DELAY IN FILING and IA No.33496/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

C.A. No. 2257/2022 (IV-A) (FOR ADMISSION and I.R.)

C.A. No. 2589/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.39802/2022-CONDONATION OF DELAY IN FILING and IA No.39804/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.39801/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

C.A. No. 1968/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.28689/2022-CONDONATION OF DELAY IN FILING and IA No.28688/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

C.A. No. 2591/2022 (IV-A) (FOR ADMISSION and I.R.)

C.A. No. 2590/2022 (IV-A) (FOR ADMISSION and I.R.)

C.A. No. 2593/2022 (IV-A) (FOR ADMISSION and I.R.)

C.A. No. 2594/2022 (IV-A) (FOR ADMISSION and I.R...)

SLP(C) No. 5410-5411/2022 (IV-A) (FOR ADMISSION and I.R.)

Diary No(s). 3480/2022 (IV-A)

(FOR ADMISSION and I.R. and IA No.51089/2022-CONDONATION OF DELAY IN FILING and IA No.51090/2022-EXEMPTION FROM FILING O.T.) Diary No(s). 4160/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.52152/2022-CONDONATION OF DELAY IN FILING and IA No.52151/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 4162/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.53265/2022-CONDONATION OF DELAY IN FILING and IA No.53262/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) SLP(C) No. 6476/2022 (IV-A) (FOR ADMISSION and I.R.) Diary No(s). 3488/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.53934/2022-CONDONATION OF DELAY IN FILING and IA No.53933/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 3481/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.55570/2022-CONDONATION OF DELAY IN FILING and IA No.55568/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 3705/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.55164/2022-CONDONATION OF DELAY IN FILING and IA No.55163/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..).) Diary No(s). 29960/2021 (IV-A) (..FOR ADMISSION and I.R. and IA No.58828/2022-CONDONATION OF DELAY IN FILING and IA No.58829/2022-EXEMPTION FROM FILING O.T. and IA No.58827/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 3695/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.58852/2022-CONDONATION OF DELAY IN FILING and IA No.58849/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 5893/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.59399/2022-CONDONATION OF DELAY IN FILING and IA No.59398/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) SLP(C) No. 7289/2022 (IV-A) (FOR ADMISSION and I.R.) Diary No(s). 3456/2022 (IV-A) (..FOR ADMISSION and I.R. and IA No.57249/2022-CONDONATION OF DELAY IN FILING and IA No.57243/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

Diary No(s). 3698/2022 (IV-A) (.FOR ADMISSION and I.R. and IA No.60659/2022-CONDONATION OF DELAY IN FILING and IA No.60658/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Diary No(s). 3104/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.62680/2022-CONDONATION OF DELAY IN FILING and IA No.62679/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) SLP(C) No. 2479/2022 (IV-A) (FOR ADMISSION and IA No.22760/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 2478/2022 (IV-A) (FOR ADMISSION and IA No.22758/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 3879/2022 (IV-A) (FOR ADMISSION and IA No.31208/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 1420-1421/2021 (IV-A) (FOR ADMISSION and I.R. and IA No.12672/2021-EXEMPTION FROM FILING O.T. and IA No.12670/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 1649/2021 (IV-A) (FOR ADMISSION) SLP(C) No. 1801-1802/2021 (IV-A) (FOR ADMISSION) Date : 10-05-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE J.B. PARDIWALA For Parties Mr. Naveen R. Nath, Sr. Adv. Mr. Abhimanyu Verma, Adv. Ms. Lalit Mohini Bhat, Adv. Mr. Gourish Khashampur, Adv. Ms. Hetu Arora Sethi, AOR Ms. Kiran Suri, Sr. Adv.

Mr. Sharangouda Patil, Adv.

Mr. Harshvardhan, Adv.

Ms. Supreeta Sharanagouda, AOR

Mr. Amankant Mishra, Adv. Ms. Aishwarya, Adv. Mr. Deepak Nargolkar, Sr. Adv. Mr. Sharangouda Patil, Adv. Mr. Harshvardhan, Adv. Mr. Supreeta Sharangouda, Adv. Mr. Amankant Mishra, Adv. M/S. S-legal Associates, AOR Mr. S. N. Bhat, Sr. Adv. Mr. Harshvardhan, Adv. Mr. Sharangouda Patil, Adv. Mr. Shirish K. Deshpande, Adv. Mr. Supreeta Sharangouda, Adv. M/S. S-legal Associates, AOR Mr. Shubhranshu Padhi, AOR Mr. Ashish Yadav, Adv. Mr. Rakshit Jain, Adv. Mr. Vishal Bansal, Adv. Mr. Shailesh Madiyal, AOR Mr. Vaibhav Sabharwal, Adv. Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharm Singh, Adv. Mr. Suraj Kaushik, Adv. M/S. Nuli & Nuli, AOR Mr. Rohan Thawani, Adv. Ms. Pooja Dhar, AOR Mr. Pratul Pratap Singh, Adv. Mr. Giriish Ananthamurthy, Adv. Mrs. Vaijayanthi Girish, AOR Mr. Hitesh Kumar Sharma, Adv. Mr. S.K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Ms. Navneeti Thakkar, Adv. Dr. Vipin Gupta, AOR Mr. Shirish K. Deshpande, AOR Mr. Anil V. Katarki, Adv. Mr. Anil C. Nishani, Adv. Ms. Veena Katarki, Adv. Mr. T. R. B. Sivakumar, AOR Mr. Shankar Divate, AOR

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

C.A. No.6345/2021

De-linked.

List this matter on 18th May, 2022.

C. A. Nos.6159/2021, 7343/2021, Diary Nos.6788/2021, 1510/2021 & 6792/2021

Permission to file special leave petition(s) is granted.

Delay condoned.

Leave granted in the special leave petitions.

The appeals are disposed of in terms of the signed order.

Pending applications are also disposed of.

C.A. No. 6194/2021, C.A. No. 7348/2021, D. No. 20358/2021, C.A. No. 333/2022, C.A. No. 331/2022, C.A. No. 335/2022, C.A. No. 7581/2021, C.A. No. 7580/2021, C.A. No. 6962/2021, D No. 27617/2021, D No. 3021/2021, D. No. 3022/2021, C.A. No. 322/2022, D. No. 3030/2021, D. No. 3045/2021, C.A. No. 491/2022, C.A. No. 880/2022, C.A. No. 883/2022, C.A. No. 332/2022, C.A. No. 337/2022, C.A. No. 334/2022, D. No. 28451/2021, C.A. No. 325-330/2022, C.A. No. 2589/2022, C.A. No. 2591/2022, C.A. No. 2593/2022, C.A. No. 2590/2022, C.A. No. 2594/2022, SLP(C) No. 6476/2022, SLP(C) No. 7289/2022, C.A. No. 884/2022, C.A. No. 6193/2021, C.A. No. 6351/2021, C.A. No. 7584/2021, D. NO. 1522/2021, C.A. No. 882/2022, D. No. 3060/2021, D. No. 4160/2022, D. No. 4162/2022, D. No. 5893/2022, D. NO. 3695/2022, D. NO. 3488/2022, D. No. 3705/2022, D. No. 6767/2021, C.A. No. 340/2022, C.A. No. 492/2022, D. No. 6787/2021, C.A. No. 495/2022, C.A. No. 878/2022, D. No. 1513/2021, D. No. 31321/2021, C.A. No. 888/2022, C.A. No. 2089/2022, D. NO. 3456/2022, D. No. 3104/2022, D. No. 3055/2021, D. No. 3056/2021, D. NO. 3062/2021, C.A. No. 336/2022, C.A. No. 493/2022, D. No. 6796/2021, C.A. No. 339/2022, C.A. No. 7344/2021, C.A. No. 6192/2021, D. No. 1484/2021, C.A. No. 879/2022, C.A. No. 885/2022, C.A. No. 886/2022, C.A. No. 338/2022, C.A. No. 496/2022, D. No. 1505/2021, D. NO. 1471/2021, C.A. No. 497/2022, C.A. No. 7583/2021, C.A. No. 7582/2021, D.No. 29370/2021, D. NO. 29411/2021, C.A. No. 2587/2022, C.A. No. 7345/2021, D.No. 1509/2021, C.A. No. 899/2022, C.A. No. 881/2022, C.A. No. 1968/2022, C.A. No. 2586/2022, D. No. 1507/2021, C.A. No. 1699/2022, C.A. No. 887/2022, D. No. 32219/2021, D. No. 3698/2022,

Permission to file Special Leave Petitions is granted. Delay condoned.

Leave granted.

These appeals are disposed of in terms of the signed order.

Pending applications are also disposed of.

Mr. Anand Sanjay M. Nuli and Mr. Abhimanyu Verma, learned counsel submit that there are some more matters pertaining to same projects (Bennithora and Lower Mulla Mari Projects) and covered by the same notifications, list whereof will be furnished by them to the Registry.

Registry is directed to list those matters on 17.05.2022.

C.A. No. 7587/2021, C.A. No. 6570/2021, C.A. No. 6191/2021, C.A. No. 6360/2021, C.A. No. 6568-69/2021, C.A. No. 6567/2021, C.A. No. 6361/2021, C.A. No. 6362/2021, C.A. No. 6363/2021, C.A. No. 323/2022, C.A. No. 6346/2021, C.A. No. 7586/2021, C.A. No. 7585/2021, C.A. No. 6160-70/2021, C.A. No. 6176-80/2021, C.A. No. 6181-82/2021, C.A. No. 6171-75/2021, C.A. No. 324/2022, C.A. No. 6189/2021, C.A. No. 6188/2021, C.A. No. 6183/2021, C.A. No. 6186/2021, C.A. No. 6187/2021, C.A. No. 6185/2021, C.A. No. 6190/2021, C.A. No. 6184/2021, C.A. No. 1388/2022, SLP(C) No. 20408/2021, C.A. No. 2257/2022, SLP(C) No. 5410-11/2022 & C.A. No. 6347/2021 SLP(C) No.2479/2022, SLP(C) No.2478/0222 SLP(C) No.3879/2022, SLP(C) No.1649/2021, SLP(C) No.1420-1421/2021 and SLP (C) No.1801-1802/2021.

These cases involve separate/independent question of fact and law. Hence, de-linked.

List these matters on 13.07.2022.

Mr. Rohan Thawani, learned counsel, submit that SLP(C) No.2479/2022, SLP(C) No.2478/2022 and SLP(C) No.3879/2022 related to Upper Tunga Project are also pending and not on Board today may also be listed along with cases to be listed on 13.07.2022. We order accordingly.

(NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER