Karnataka High Court
M/S.Bagalkot Cement And Industries Ltd vs The Special Land Acquisition Officer on 24 September, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.103220 OF 2019 (LAC-)
C/W
MISCELLANEOUS FIRST APPEAL NO.102286 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103221 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103222 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103223 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103224 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103225 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103226 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103227 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103228 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103229 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103230 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.103231 OF 2019(LAC-)
MISCELLANEOUS FIRST APPEAL NO.101406 OF 2020(LAC-)
MISCELLANEOUS FIRST APPEAL NO.101407 OF 2020(LAC-)
MISCELLANEOUS FIRST APPEAL NO.101408 OF 2020(LAC-)
VISHAL MISCELLANEOUS FIRST APPEAL NO.101409 OF 2020(LAC-)
NINGAPPA MISCELLANEOUS FIRST APPEAL NO.101494 OF 2020(LAC-)
PATTIHAL MISCELLANEOUS FIRST APPEAL NO.101999 OF 2020(LAC-)
Digitally signed by VISHAL
NINGAPPA PATTIHAL
Location: High Court of
Karnataka, Dharwad IN MISCELLANEOUS FIRST APPEAL NO. 103220 OF 2019
Bench
Date: 2024.10.04 12:14:56
+0530 BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
-2-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.61/2010 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 102286 OF 2019
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
U.K.P., BAGALKOT-587101.
2. THE STATE OF KARNATAKA
R/BY DEPUTY COMMISSIONER,
BAGALKOT-587101.
...APPELLANTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
AND:
SMT. RUKMINIBAI W/O KRISHNARAO JORAPUR
SINCE DECEASED BY HER LR'S
1. PRALHADARAO S/O KRISHNARAO JORAPUR
AGE. MAJOR,
R/O. BAGALKOT
NOW AT R/O. CTS NO.248/B2
JORAPUR BIG HOUSE WARD NO.6, ADAT BAZAAR ROAD,
NEAR SHARADA PNTG PRESS, BAGALKOT
KARNATAKA-587101.
P.A HOLDER FOR RESPONDENT 2 TO 6
BHIMASEN S/O. KRISHNARAO JORAPUR
SINCE DECEASED BY HER LR'S
2. BHARATI W/O BHIMASEN @ BHIM JORAPUR
AGE 64 YEARS, OCC. HOUSE WORK,
NOW AT R/O. D-203, DEVRAJ CHS LTD.,
-3-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
S.V. ROAD, NEAR HOTEL RATNA GOREGAON WEST
MOTILAL NAGAR, MUMBAI,
MAHARASTRA-400104.
3. SHRIDHAR S/O BHIMASEN @ BHIM JORAPUR
AGE. 28 YEARS, OCC STUDENT,
NOW AT R/O 203, DEVRAJ BLD. S.V. ROAD,
NEAR RATNA HOTEL, GOREGAON WEST MUMBAI,
MOTILAL NAGAR, BORIVALI MUMBAI SUBURBAN,
MAHARASTRA-400104.
4. SMT. SUDHA @ RATNA W/O LATE MOHAN SARAF
AGE MAJOR,
NOW AT R/O W/O. MOHAN SARAF
FLAT NO.15, PUSHPARAG BUILDING, GOSHALA ROAD,
OPP GANESH SAHAKARI PAT PEDHI,
MULUND WEST, MUMBAI,
MAHARASTRA-400080.
5. SHRI RAMACHANDRA S/O KRISHNARAO JORAPUR
AGE MAJOR
NOW AT R/O. S/O KRISHNARAO JORAPURKAR,
PLOT NO.09, GURUSAMPADA SOCIETY,
BEHIND BHOSALA MILITRYA
VANVIHAR COLONY, NASHIK MAHARASHTRA-422007.
6. SMT. VEDAVATI @ LAXMI W/O SRIDHAR GALAGALI
R/O. BAGALKOR
NOW AT LAKSHMI SREEDHARA GALAGALI
W/O. SREEDHARA GALAGALI, B-102,
RAMCHANDRA TOWER GANESH NAGAR,
RAMACHANDRA COMPLEX NAVPADA,
DOMBIVALI-WEST KALYAN,
VISHNUNAGAR KALYAN THANE
MAHARASHTRA-421202.
...RESPONDENTS
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DTD 23.11.2018
PASSED IN LAC.NO.106/2015 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FT.
IN MISCELLANEOUS FIRST APPEAL NO. 103221 OF 2019
-4-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.62/2010 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103222 OF 2019
BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
-5-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.63/2010 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103223 OF 2019
BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.64/2010 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103224 OF 2019
BETWEEN:
M/S.BAGALKOT CEMENT AND INDUSTRIES LTD.,
(FORMERLY CEMENT DIVISION OF
BAGALKOT UDYOG LIMITED)
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956,
AND HAVING ITS REGISTERED OFFICE AT 6 FLOOR,
-6-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
BLOCK NO.1, STADIUM HOUSE,
VEER NARIMAN ROAD, CHURCHGATE,
MUMBAI-400020,
AND ITS MANUFACTURING UNIT AT
BAGALKOT-587111
REPRESENTED BY ITS MANAGER
LEGAL AND AUTHORIZED REPRESENTATIVE
MR.A.R. NIDASESHI.
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.65/2010 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103225 OF 2019
BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS M/S KANORIA INDUSTRIES LTD
AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
-7-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.66/2010 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103226 OF 2019
BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.67/2010 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103227 OF 2019
BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
-8-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
R/BY. SHRI ABBAS K. NIDASESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.68/2010 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103228 OF 2019
BETWEEN:
M/S.BAGALKOT CEMENT AND INDUSTRIES LTD.,
(FORMERLY CEMENT DIVISION OF
BAGALKOT UDYOG LIMITED)
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956,
AND HAVING ITS REGISTERED OFFICE AT 6 FLOOR,
BLOCK NO.1, STADIUM HOUSE,
VEER NARIMAN ROAD, CHURCHGATE,
MUMBAI-400020, AND ITS MANUFACTURING UNIT AT
BAGALKOT-587111
REPRESENTED BY ITS MANAGER
LEGAL AND AUTHORIZED REPRESENTATIVE
MR.A.R. NIDASESHI.
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
-9-
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.412/2012 & ETC.,
MISCELLANEOUS FIRST APPEAL NO. 103229 OF 2019
BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS K. NIDASHESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.413/2012 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103230 OF 2019
BETWEEN:
- 10 -
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS KANORIA INDUSTRIES LTD
AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS K. NIDASHESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.414/2012 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 103231 OF 2019
BETWEEN:
M/S BAGALKOT CEMENT AND INDUSTRIES LTD.,
(EARLIER CALLED AS KANORIA INDUSTRIES LTD
AND BAGALKOT UDYOG LIMITED)
R/BY. SHRI ABBAS R. NIDASHESHI MANAGER (LEGAL).
...APPELLANT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT (UKP)
BAGALKOT-587101.
2. THE DEPUTY COMMISSIONER
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
- 11 -
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
SRI. V.S. KALASURMATH, HCGP)
THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT,
1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT
AND DECREE DATED 25TH APRIL 2019 OF THE HON'BLE COURT OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT
IN LAC NO.415/2012 & ETC.,
IN MISCELLANEOUS FIRST APPEAL NO. 101406 OF 2020
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER AND
UPPER KRISHNA PROJECT,
BAGALKOT-587103.
2. DEPUTY COMMISSIONER,
BAGALKOT-587103.
...APPELLANTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
AND:
BAGALKOT CEMENT AND INDUSTRIES LIMITED
(EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED
AND BAGALKOT UDYOG LIMITED)
R/BY SRI. ABBAS. K. NIDASHESHI MANAGER (LEGAL)587103
...RESPONDENT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DTD.25.04.2019
PASSED IN LAC.NO.61/2010 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BAGALKOT, AWARDING COMPENSATION OF RS.90/- PER SQ. FEET.
IN MISCELLANEOUS FIRST APPEAL NO. 101407 OF 2020
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER AND
UPPER KRISHNA PROJECT,
BAGALKOT-587103.
2. DEPUTY COMMISSIONER,
BAGALKOT-587103.
...APPELLANTS
- 12 -
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
AND:
BAGALKOT CEMENT AND INDUSTRIES LIMITED
(EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED
AND BAGALKOT UDYOG LIMITED)
R/BY SRI. ABBAS. K. NIDASHESHI MANAGER (LEGAL)587103.
...RESPONDENT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DTD.25.04.2019
PASSED IN LAC.NO.67/2010 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BAGALKOT, AWARDING COMPENSATION OF RS.90/- PER SQ. FEET.
IN MISCELLANEOUS FIRST APPEAL NO. 101408 OF 2020
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER &
UPPER KRISHNA PROJECT, BAGALKOT.
2. THE STATE OF KARNATAKA
R/BY DEPUTY COMMISSIONER BAGALKOT.
...APPELLANTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
AND:
BAGALKOT CEMENT AND INDUSTRIES LIMITED
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
R/BY SRI. ABBAS.K. NIDASHESHI MANAGER(LEGAL)
...RESPONDENT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DTD 25.04.2019
PASSED IN LAC.NO.412/2012 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FEET.
- 13 -
NC: 2024:KHC-D:13671-DB
MFA No. 103220 of 2019
C/W MFA No. 102286 of 2019
AND 17 OTHERS
IN MISCELLANEOUS FIRST APPEAL NO. 101409 OF 2020
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER AND
UPPER KRISHNA PROJECT, BAGALKOT.
2. THE STATE OF KARNATAKA
R/BY DEPUTY COMMISSIONER BAGALKOT.
...APPELLANTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
AND:
BAGALKOT CEMENT AND INDUSTRIES LIMITED
(EARLIER CALLED AS M/S KANORIA INDUSTRIES
LIMITED AND BAGALKOT UDYOG LIMITED)
R/BY SRI. ABBAS K. NIDASHESHI MANAGER(LEGAL)
...RESPONDENT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DTD 25.04.2019
PASSED IN LAC.NO.413/2012 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FEET.
IN MISCELLANEOUS FIRST APPEAL NO. 101494 OF 2020
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER AND
UPPER KRISHNA PROJECT, BAGALKOT.
...APPELLANT
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
AND:
1. SHIVANANDA
S/O NINGAPPA NINGANUR
AGE MAJOR,
R/O HAVERI,
TQ AND DIST : BAGALKOT.
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AND 17 OTHERS
2. SHRISHAILA
S/O MARURI DALAWAI
AGE 57 YEARS,
OCC BUSINESS AND AGRICULTURE,
R/O JAMKHANDI, NOW AT BAGALKOT,
DIST. BAGALKOT.
...RESPONDENT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DTD 14.11.2019
PASSED IN LAC.NO.354/2003 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FEET.
IN MISCELLANEOUS FIRST APPEAL NO. 101999 OF 2020
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER &
UPPER KRISHNA PROJECT, BAGALKOT.
...APPELLANTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. V.S. KALASURMATH, HCGP)
AND:
MALLIKARJUN
S/O CHANDRASHEKHARAYYA CHIRANTIMATH
AGE MAJOR,
R/O BAGALKOT.
...RESPONDENT
(BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR
SRI. S.B. HEBBALLI, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DTD 26.02.2010
PASSED IN LAC.NO.418/01 ON THE FILE OF THE II ADDITIONAL
CIVIL JUDGE (SR DN), BAGALKOT, AWARDING COMPENSATION OF
RS. 90/- PER SQ. FEET.
THESE APPEALS, COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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AND 17 OTHERS
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT) The subject matter of these appeals are substantially similar to the ones treated by a Co-ordinate Bench of this Court in M.F.A. No.102892/2019 (LAC) between M/s Bagalkot Cement & Industries Ltd., V. Special Land Acquisition Officer, Bagalkot Town Development Authority connected with other similar matters, disposed off on 07.07.2023. Paragraphs 13 & 14 which both the sides vociferously read out, have the following text:
"13. The matter therefore stands remanded back to the Reference Court specifically for the purpose of looking into the mining licence/permission and other relevant documents issued by the competent authority in terms of Rule 32 of the Rules, 1994 or any other Rules prior to the said Rules, holding the field, since admittedly mining licence was granted in favour of the appellant, first in the year 1970. The Reference Court shall find out as to whether the competent authority, while granting the mining licence in favour of the appellant collected
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NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS 'Average Additional Periodic Payment' in addition to the royalty, as provided in sub-rule (10) of Rule 32. If it is found that such Average Additional Periodic Payment was collected while issuing the licence in favour of the appellant, then it can be concluded that the mineral rights of the limestone deposits in the lands in question or any other minor mineral did not vest with the appellant. On the other hand, if such Average Additional Periodic Payment was not collected, then it can be concluded that the competent authority and the State have admitted to the appellant's mineral rights of the minor minerals in the lands in question. After arriving at such decision, the Reference Court may proceed to consider the claim of the appellant for award of compensation in respect of the limestone deposits in the acquired land and pass a judgment in accordance with law.
14. While reconsidering the material already available on record, if the Reference Court feels that sufficient information is not available which would throw light on whether the competent authority has levied and collected the Average Additional Periodic Payment or not, the Reference Court may call upon the parties to lead further evidence and place additional evidence on record."
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2. Both the sides, in all fairness, submit that similar orders be passed remanding the matter to the portal of Reference Court for consideration afresh keeping open all contentions to the parties. Learned Senior Counsel Mr. Anant Mandgi notifies to us that the Co-ordinate Bench Judgment, more particularly, paragraphs 11 & 13 needed some clarification and therefore, a motion is made before Bench. Be that as it may; suffice it to say that the clarification that may be granted in the said decision would be applicable to these cases as well, as if it is a part of our judgment as well.
In the above circumstances, these appeals are allowed in part; the impugned common judgment & award dated 25.04.2019 passed in L.A.C. No.61/2010 clubbed with L.A.C. Nos.62 to 68 of 2010 & 412 to 415 of 2012 by the II Additional Senior Civil Judge & JMFC, Bagalkot, are set aside; cases are remanded to his portal for consideration afresh keeping open all contentions of the
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NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS parties. The remand be heard and disposed off within an outer limit of six months.
Parties through their counsel are put on notice to appear before the Reference Court on 21st October 2024 and seek instructions at the hands of learned Reference Judge. It is made clear that the contentions taken up by the Government in its appeals are also to be treated in the remand in accordance with law.
Registry is directed to refund the entire court fee to the appellants.
Costs made easy.
Sd/-
(KRISHNA S.DIXIT) JUDGE Sd/-
(VIJAYKUMAR A.PATIL) JUDGE KMS LIST NO.: 1 SL NO.: 33