Karnataka High Court
Union Of India vs Sripati S/O Maruti on 1 October, 2020
Bench: Krishna S Dixit, P.N Desai
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF OCTOBER 2020
PRESENT
THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR.JUSTICE P.N.DESAI
MFA No.201468/2018 C/w
MFA Crob.No.200028/2020
MFA No.201772/2018, MFA Crob.No.200045/2019
MFA No.202357/2018, MFA Crob.No.200047/2019
MFA No.202356/2018, MFA Crob.No.200048/2019
MFA No.202355/2018, MFA Crob.No.200046/2019
MFA No.201322/2018, MFA Crob No.200012/2020
MFA No.201321/2018, MFA Crob. No.200011/2020,
MFA No.201466/2018, MFA Crob. No.200040/2020,
MFA No.201320/2018, MFA Crob. No.200015/2020,
MFA No.201423/2018, MFA No.201467/2018,
MFA Crob.No.200041/2020, MFA No.201324/2018
MFA Crob.No.200042/2020, MFA No.201139/2019,
MFA No.201138/2019, MFA No.201124/2019 &
MFA No.201140/2019
In MFA No.201468/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railways
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C. Railway, Gulbarga
2
(M. Vijaya Saradhi Sharma)
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sripati S/o Maruti
Age: Major
Occ: Agriculture
R/o Tajsultanpur village
Tq. & Dist. Kalaburagi-585102
2. The State of Karnataka
Through the Asst. Commissioner &
L.A.O., Kalaburagi-585102
3. The Deputy Commissioner
Kalaburagi-585102
... Respondents
(By Sri Harshavardhan R. Malipatil, Advocate for R1,
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of the Land Acquisition Act, praying to allow the
appeal by setting aside the judgment and award dated:
06.03.2018 passed by learned I Addl. Senior Civil Judge,
Kalaburagi in L.A.C.No.638/2017.
In MFA Crob.No.200028/2020
Between:
Sri Sripati S/o Maruti
Age: years, Occ: Agriculture
R/o Tajsultanpur village
Tq. & Dist. Kalaburagi
... Cross Objector
(By Sri Harshavardhan R. Malipatil, Advocate)
3
And:
1. The Deputy Chief Engineer
South Central Railway
Railway Nilaya Building
Secundrabad, (Andhra Pradesh)
2. The Deputy Commissioner
Mini Vidhana Soudha
Kalaburagi
3. Office of the
Assistant Commissioner and
Land Acquisition Officer, Kalaburagi.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
Judgment and Award passed by the I Addl. Senior Civil
Judge Kalaburagi dated:06.03.2018 in L.A.C.No.638 of 2013
and fix market value at the rate of Rs.225/- per sq.ft. and
award all statutory benefits including interest from the date
of taking possession.
In MFA No.201772/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railways
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C. Railway, Gulbarga
4
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Vithal S/o Sharanappa
Age : Major, Occ: Agriculture
2. Sri Parameshwar S/o Sharanappa
Age: Major, Occ: Agriculture
3. Sri Shivanand S/o Sharanappa
Age: Major, Occ: Agriculture
All R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 102
4. The State of Karnataka
Through the Assistant Commissioner and
L.A.O., Kalaburagi - 585 102
5. The Deputy Commissioner
Kalaburagi - 585 102
... Respondents
(By Sri Harshavardhan R. Malipatil, Advocate for R1,
Smt. Archana P. Tiwari, AGA for R4 & R5)
This Miscellaneous First Appeal is filed under Section
54 (1) of the Land Acquisition Act, praying to allow the
appeal by setting aside the judgment and award dated:
01.08.2017 passed by learned Prl. Senior Civil Judge,
Kalaburagi in L.A.C.No.630/2012.
5
In MFA Crob.No.200045/2019
Between:
1. Sri Vithal S/o Sharanappa
Age : 48 years, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi
2. Sri Parameshwar S/o Sharanappa
Age: 40 years, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi
3. Sri Shivanand S/o Sharanappa
Age: 37 years, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi
... Cross Objectors
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Deputy Chief Engineer
South Central Railway
Railway Nilaya Building
Secundrabad, (Andhra Pradesh) - 500 003
2. Office of the
Assistant Commissioner and
Land Acquisition Officer, Kalaburagi - 585 102
3. The Deputy Commissioner
Mini Vidhana Soudha
Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
6
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
Judgment and Award passed by the Prl Senior Civil Judge
Kalaburagi dated:01.08.2017 in L.A.C.No.630 of 2012 and
fix market value at the rate of Rs.225/- per sq.ft. and award
all statutory benefits including interest from the date of
taking possession.
In MFA No.202357/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railways
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C. Railway, Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Manikrao S/o Mahantappa
Age : Major, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 102
2. The Deputy Commissioner
Kalaburagi - 585 102
3. The State of Karnataka
Through the Assistant Commissioner and
L.A.O., Kalaburagi - 585 102
... Respondents
7
(By Sri Harshavardhan R. Malipatil, Advocate for R1,
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of the Land Acquisition Act, praying to allow the
appeal by setting aside the judgment and award dated:
02.04.2018 passed by learned Prl. Senior Civil Judge,
Kalaburagi in L.A.C.No.616/2013.
In MFA Crob.No.200047/2019
Between:
Sri Manikrao S/o Mahantappa
Age : 77 years, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 102
... Cross Objector
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Secundrabad, (Andhra Pradesh) - 500 003
2. The Deputy Commissioner
Kalaburagi - 585 102
3. The State of Karnataka
Through the Assistant Commissioner and
Land Acquisition Officer, Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
8
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
Judgment and Award passed by the Prl. Senior Civil Judge
Kalaburagi dated:02.04.2018 in L.A.C.No.616 of 2013 and
fix market value at the rate of Rs.225/- per sq.ft. and award
all statutory benefits including interest from the date of
taking possession.
In MFA No.202356/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railways
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C. Railway, Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
Sri Shivasharanappa S/o Mahantappa
Since dead by LRs
1. Smt. Parwati W/o Shivasharanappa
Age: 65 years, Occ: Agriculture
2. Ishwar S/o Shivasharanappa
Age: 40 years, Occ: Agriculture
3. Revansidda S/o Shivasharanappa
Age: 65 years, Occ: Agriculture
All R/o Tajsultanpur Village
9
Tq. & Dist. Kalaburagi - 585 102
4. The Deputy Commissioner
Kalaburagi - 585 102
5. The State of Karnataka
Through the Assistant Commissioner and
L.A.O., Kalaburagi - 585 102
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv., for R1 to R3
Smt. Archana P. Tiwari, AGA for R4 & R5)
This Miscellaneous First Appeal is filed under Section
54 (1) of the Land Acquisition Act, praying to allow the
appeal by setting aside the judgment and award dated:
02.04.2018 passed by learned Prl. Senior Civil Judge,
Kalaburagi in L.A.C.No.620/2013.
In MFA Crob.No.200048/2019
Between:
Sri Shivasharanappa (deceased) by LRs:
1. Smt. Parwati W/o Shivasharanappa
Age: 65 years, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi
2. Ishwar S/o Shivasharanappa
Age: 40 years, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi
3. Revansidda S/o Shivasharanappa
Age: 65 years, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi
... Cross Objectors
10
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Nilaya Building, Secundrabad,
(Andhra Pradesh) - 500 003
2. The Deputy Commissioner
Kalaburagi - 585 102
3. The State of Karnataka
Through the Assistant Commissioner and
Land Acquisition Officer, Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
Judgment and Award passed by the Prl. Senior Civil Judge
Kalaburagi dated:02.04.2018 in L.A.C.No.620 of 2013 and
fix market value at the rate of Rs.225/- per sq.ft. and award
all statutory benefits including interest from the date of
taking possession.
In MFA No.202355/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railways
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
11
Construction, S.C. Railway, Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Moulasab S/o Kutubsab
Age: Major, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 102
2. The Deputy Commissioner
Kalaburagi - 585 102
3. The State of Karnataka
Through the Assistant Commissioner and
L.A.O., Kalaburagi - 585 102
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv., for R1
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of the Land Acquisition Act, praying to allow the
appeal by setting aside the judgment and award dated:
02.04.2018 passed by learned Prl. Senior Civil Judge,
Kalaburagi in L.A.C.No.625/2013.
In MFA Crob.No.200046/2019
Between:
Sri Moulasab S/o Kutubsab
Age: Major, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 102
12
... Cross Objector
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Secundrabad, (Andhra Pradesh) - 500 003
2. The Deputy Commissioner
Kalaburagi - 585 102
3. The State of Karnataka
Through the Assistant Commissioner and
Land Acquisition Officer, Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
Judgment and Award passed by the Prl. Senior Civil Judge
Kalaburagi dated:02.04.2018 in L.A.C.No.625 of 2013 and
fix market value at the rate of Rs.225/- per sq.ft. and award
all statutory benefits including interest from the date of
taking possession.
IN MFA No.201322/2018:
Between:
Union of India
Through Deputy Chief Engineer
13
Construction, South Central Railway
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C. Railway, Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Kallappa S/o Revanasiddappa Ogi
Deceased by LRs;
a) Smt. Shivakantamma W/o Kallappa,
Age: 60 years, Occ; Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
b) Revansiddappa S/o Kallappa
Age: 36 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
c) Santosh S/o Kallappa
Age: 34 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
d) Chandamma W/o Kallappa
Age: 58 years, Occ: Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
e) Sunilkumar S/o Kallappa
Age: 34 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
14
f) Swati W/o Raju
Age: 32 years, Occ; Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
g) Shruti W/o Anil
Age: 36 years, Occ: Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
2. Sri Basawaraj S/o Revansiddappa Ogi,
Age: Major, Occ: Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
3. The State of Karnataka,
Through the Assistant Commissioner,
& Special Land Acquisition officer,
Kalaburagi - 585 102.
4. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1 & R2
Smt. Archana P. Tiwari, AGA for R3 and R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:03.10.2017
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.626/2013 and etc.
IN MFA CROB No.200012/2020:
Between:
Sri Kallappa S/o Revanasiddappa Ogi
Deceased by LRs;
15
1. Smt. Shivakantamma W/o Kallappa
Age: 60 years, Occ; Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
2. Revansiddappa S/o Kallappa
Age: 36 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
3. Santosh S/o Kallappa
Age: 34 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
4. Chandamma W/o Kallappa
Age: 58 years, Occ: Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
5. Sunilkumar S/o Kallappa
Age: 34 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
6. Swati W/o Raju
Age: 32 years, Occ; Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
7. Shruti W/o Anil
Age: 36 years, Occ: Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
8. Basavaraj S/o Revansiddappa Ogi
Age: 52 years, Occ: Agriculture
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
... Cross Objectors
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway) Railway Nilaya Building
16
Secundarabad (Andhra Pradesh)
2. The Deputy Commissioner,
Kalaburagi - 585 102.
3. The State of Karnataka
Through the Assistant Commissioner
& LAO, Kalaburagi - 585 102.
... Respondents
(Sri Manvendra Reddy, Advocate R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow the appeal and modify the judgment
and award dated:03.10.2017 in LAC No.626/2013 and fix
market value at the rate of Rs.225/- per Sq. Ft. and award
all statutory benefits including the interest from the date of
taking possession, and etc.
IN MFA No.201321/2018
Between:
Union of India
Through Deputy Chief Engineer
(Constructions), South Central Railway- III
Secundrabad (AP)
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Kallappa S/o Revanasiddappa Ogi
Deceased by LRs;
17
a) Smt. Shivakantamma W/o Kallappa,
Age: 60 years, Occ; Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
b) Revansiddappa S/o Kallappa,
Age: 36 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
c) Santosh S/o Kallappa,
Age: 34 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
d) Chandamma W/o Kallappa,
Age: 58 years, Occ: Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
e) Sunilkumar S/o Kallappa,
Age: 34 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
f) Swati W/o Raju,
Age: 32 years, Occ; Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
g) Shruti W/o Anil,
Age: 36 years, Occ: Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
2. Sri Basawaraj S/o Revansiddappa Ogi,
Age: Major, Occ: Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
3. The State of Karnataka
Through the Assistant Commissioner
& Special Land Acquisition Officer,
Kalaburagi - 585 102.
4. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
18
(By Sri Harshavardhan R. Malipatil, Adv. for R1 & 2;
Smt. Archana P. Tiwari, AGA for R3 & R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated: 03.10.2017
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.623/2013 and etc.
IN MFA CROB No.200011/2020:
Between:
Sri Kallappa S/o Revanasiddappa Ogi
Deceased by LRs;
1. Smt. Shivakantamma W/o Kallappa
Age: 60 years, Occ; Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
2. Revansiddappa S/o Kallappa
Age: 36 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
3. Santosh S/o Kallappa
Age: 34 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
4. Chandamma W/o Kallappa
Age: 58 years, Occ: Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
5. Sunilkumar S/o Kallappa
Age: 34 years, Occ; Agriculture,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
19
6. Swati W/o Raju
Age: 32 years, Occ; Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
7. Shruti W/o Anil
Age: 36 years, Occ: Household,
R/o Tajsultanpur, Tq. & Dist. Kalaburagi.
... Cross Objectors
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway) Railway Nilaya Building
Secundarabad (Andhra Pradesh)
2. The Deputy Commissioner,
Kalaburagi - 585 102.
3. The State of Karnataka
Through the Assistant Commissioner
& LAO, Kalaburagi - 585 102.
... Respondents
(Sri Manvendra Reddy, Advocate R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow the appeal and modify the judgment
and award dated:03.10.2017 in LAC No.623/2013 and fix
market value at the rate of Rs.225/- per Sq. Ft. and award
all statutory benefits including the interest from the date of
taking possession.
20
IN MFA No.201466/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C.Railway, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Ganapati S/o Maruti
Age: Major, occ: Agriculture,
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi - 585 102.
2. The State of Karnataka
Through the Assistant Commissioner
& Special Land Acquisition officer,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1
Smt. Archana P. Tiwari, AGA for R2 and R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:08.03.2018
21
passed by learned I Addl. Senior Civil Judge, Kalaburagi in
L.A.C.No.637/2013.
IN MFA Crob No.200040/2020
Between:
Ganapati S/o Maruti
Age: Major, occ: Agriculture,
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi - 585 102.
... Cross Objector
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Deputy Chief Engineer
South Central Railway,
Railway Nilaya Building Secundrabad
(Andhra Pradesh) - 500 003.
2. The Deputy Commissioner,
Mini Vidhana Soudha, Kalaburagi - 585 102.
3. Office of the
Assistant Commissioner,
& Land Acquisition Officer,
Kalaburagi - 585 102.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
judgment and award passed by the I Addl. Senior Civil
Judge, Kalaburagi dated:06.03.2018 in L.A.C.No.637 of 2013
22
and fix market value at the rate of Rs.225/- per Sq. Ft. and
award all statutory benefits including interest from the date
of taking possession.
IN MFA No.201320/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C.Railway, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Basavaraj S/o Revansiddappa Ogi
Age: Major, occ: Agriculture,
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi - 585 102.
2. The State of Karnataka
Through the
Assistant Commissioner & LAO,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:03.10.2017
23
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.619/2013.
IN MFA Crob No.200015/2020
Between:
Sri Basavaraj S/o Revansiddappa Ogi
Age: 52 years, Occ: Agriculture,
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi - 585 102.
... Cross Objector
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Deputy Chief Engineer
South Central Railway,
Railway Nilaya Building, Secundrabad
(Andhra Pradesh) - 500 003.
2. The Deputy Commissioner,
Kalaburagi - 585 102.
3. The State of Karnataka
Through The Assistant Commissioner,
& Land Acquisition Officer,
Kalaburagi - 585 102.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
judgment and award passed by the Prl. Senior Civil Judge,
24
Kalaburagi dated:03.10.2017 in L.A.C.No.619 of 2013 and
fix market value at the rate of Rs.225/- per Sq. Ft. and
award all statutory benefits including interest from the date
of taking possession.
IN MFA No.201423/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C.Railway, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Subhash S/o Devindrappa Dange
Age: Major, occ: Agriculture,
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi - 585 102.
2. The State of Karnataka
Through the Assistant Commissioner
& Land Acquisition officer,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
25
setting aside the judgment and award dated:18.08.2017
passed by learned I Addl. Senior Civil Judge, Kalaburagi in
L.A.C.No.641/2013.
IN MFA No.201467/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C.Railway, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Gundappa S/o Maruti
Since deceased by LRs.
1. Pragabai W/o Gundappa
Age: 63 years, Occ: Housewife
2. Raju S/o Gundappa
Age: 33 years, Occ: Private Service
3. Vijay S/o Gundappa
Age: 30 years, Occ: Private Service
All R/o Tajsultanpur,
Tq. & Dist. Kalaburagi now residing at
Saibaba Nagar, Kate Dhan,
Hyderabad - 500 001.
2. The State of Karnataka
Through the Assistant Commissioner
& Land Acquisition officer,
26
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:08.03.2018
passed by learned I Addl. Senior Civil Judge, Kalaburagi in
L.A.C.No.632/2013.
IN MFA Crob.No.200041/2020
Between:
Gundappa S/o Maruthi deceased by LRs.
1. Pragabai W/o Gundappa
Age: 64 years, Occ: Household
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi now residing at
Saibaba Nagar, Kate Dhan, Hyderabad.
2. Raju S/o Gundappa
Age: 34 years, Occ: Private Service
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi now residing at
Saibaba Nagar, Kate Dhan, Hyderabad.
3. Vijay S/o Gundappa
Age: 31 years, Occ: Private Service
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi now residing at
27
Saibaba Nagar, Kate Dhan, Hyderabad.
... Cross Objectors
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Deputy Chief Engineer
South Central Railway,
Railway Nilaya Building,
Secundrabad (Andhra Pradesh) - 500 003.
2. The Deputy Commissioner,
Mini Vidhana Soudha,
Kalaburagi - 585 102.
3. Office of the
Assistant Commissioner,
And Land Acquisition Officer,
Kalaburagi - 585 102.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
judgment and award passed by the I Addl. Senior Civil
Judge, Kalaburagi dated:06.03.2018 in L.A.C.No.632 of 2013
and fix market value at the rate of Rs.225/- per Sq. Ft. and
award all statutory benefits including interest from the date
of taking possession.
28
IN MFA No.201324/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer
Construction, S.C.Railway, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Smt. Indira W/o Sidramappa Gubbi
Age: Major, Occ: Agriculture
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi - 585 102
2. The State of Karnataka
Through the Assistant Commissioner
& Land Acquisition officer,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1
Smt. Archana P. Tiwari, AGA for R2 and R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:10.01.2018
passed by learned I Addl. Senior Civil Judge, Kalaburagi in
L.A.C.No.640/2013.
29
IN MFA Crob No.200042/2020
Between:
Smt. Indira W/o Sidramappa Gubbi
Age: 58 years, Occ: Agriculture
R/o Tajsultanpur,
Tq. & Dist. Kalaburagi - 585 102
... Cross Objector
(By Sri Ajay Kumar Ashok Kumar, Advocate)
And:
1. The Deputy Chief Engineer
South Central Railway,
Railway Nilaya Building,
Secundrabad (Andhra Pradesh) - 500 003.
2. The Deputy Commissioner,
Mini Vidhana Soudha,
Kalaburagi - 585 102.
3. Office of the
Assistant Commissioner,
And Land Acquisition Officer,
Kalaburagi - 585 102.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of
CPC, praying to allow this appeal with costs and modify the
judgment and award passed by the I Addl. Senior Civil
Judge, Kalaburagi dated:10.01.2018 in L.A.C.No.640 of 2013
and fix market value at the rate of Rs.180/- per Sq. Ft. and
30
award all statutory benefits including interest from the date
of taking possession.
IN MFA No.201139/2019
Between:
1. The Deputy Commissioner,
Gulbarga - 585 102.
2. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Kallappa S/o Revanasiddappa Ogi
Age: Major, Occ: Agriculture,
R/o Taj Sultanpur, Gulbarga - 585 102.
2. Sri Basavaraj S/o Revanasiddappa Ogi
Age: Major, Occ: Agriculture,
R/o Taj Sultanpur, Gulbarga - 585 102
3. The Deputy Chief Engineer
(S.C. Railway)., Railway Nilaya Building
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
(R 1 to R3 are served)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:03.10.2017
31
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.626/2013.
IN MFA No.201138/2019
Between:
1. The Deputy Commissioner,
Gulbarga - 585 102.
2. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Basavaraj S/o Revanasiddappa Ogi
Age: Major, Occ: Agriculture,
R/o Taj Sultanpur, Gulbarga - 585 102
2. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya Building
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:03.10.2017
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.619/2013.
32
IN MFA No.201124/2019
Between:
1. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102
2. The Deputy Commissioner,
Gulbarga - 585 102.
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Vithal S/o Sharanapa
Age: Major, Occ: Agriculture,
2. Sri Parameshwar S/o Sharanapa
Age: Major, Occ: Agriculture,
3. Sri Shivanand S/o Sharanapa
Age: Major, Occ: Agriculture,
All R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 102.
4. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya Building
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:01.08.2017
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.630/2012.
33
IN MFA No.201140/2019
Between:
1. The Deputy Commissioner,
Gulbarga - 585 102.
2. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Kallappa S/o Revanasiddappa Ogi
Age: Major, Occ: Agriculture,
R/o Taj Sultanpur, Gulbarga - 585 102.
2. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya Building
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:03.10.2017
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.623/2013.
These appeals & cross objections having been heard
and reserved for judgment on 15.09.2020, coming on for
pronouncement of Judgment this day, Krishna S. Dixit J.,
delivered the following:-
34
JUDGMENT
There are three sets of cases in this batch listed today; the first set of appeals is by the beneficiary of acquisition namely, the Central Railways; the second set of appeals is by the Land Acquisition Officer since State Government also happens to be a contributor to the compensation and the third set of appeals are the Cross Objections by the land-losers; in all these cases the challenge is to the Judgments & Awards of the Reference Courts which have enhanced the compensation at the rate of 117/Sft. in respect of lands comprised in 2005 acquisition, Rs.112 to 137.75/Sft. in respect of lands comprised in the 2010 acquisition; the Railways and the LAO complain that the award of compensation is much on the higher side whereas the land-losers contend to the contrary. 35
2. In some of these matters there was short delay in laying the challenge; separate applications have been filed seeking condonation of delay by offering the explanation in a narrative affidavit; the explanation so offered is plausible; there is no much objection to these applications; even otherwise there is merit in these matters which deserve deeper consideration; if delay is not condoned, prejudice would be caused to the parties concern and if condoned it does not call any disadvantage to the other side; therefore, these applications having been favoured, delay brooked stands condoned.
3. All these agricultural lands situate at Taj Sultanpur village are acquired by the State Government through the LAO for the Railway Project; since all these cases involve common questions of law & facts, they are taken up together for final hearing and disposal by one common judgment as suggested at the Bar. 36
4. Principal contentions advanced on behalf of land-losers:
Mr. Harshavardhan R. Malipatil appearing for the land-losers vehemently contends that: in some of these appeals the challenge is only by the Railways, although in the rest of the appeals challenge is by both the Railways and the State Government; the challenge only by the Railways is not maintainable; all these lands have development potential as is vouched by the evidentiary material on record, contrary to what the learned Judge of the Reference Court has held; the Reference Court ought to have adopted the principle of cumulative escalation when the exemplar is anterior to the acquisition, in years; the rate of escalation should be 15%; the run of the rail-lines adversely affects the marketability of the adjoining lands retained by the land-losers and therefore the same should be compensated; the philosophy underlying section 28A of the erstwhile Land Acquisition Act, 1894 warrants 37 enhancement of compensation in the same rates since all these lands of 2010 acquisition are enlisted in the very same notification; lastly, the benefit of Apex Court decision in Mahadev Case infra need to be extended to the land-losers.
5. Principal contentions advanced on behalf of Railways & the State:
(i) learned Senior Panel Counsel for the Railways and the learned AGA for the LAO submit that: although the Railway Project in question involves participation of the State Government, the true stakeholder is the Railways, in some appeals State having not laid the challenge, notwithstanding; the Railway has laid challenge to the entire Judgment & Award of the Reference Court, though it has paid only half the Court fee and that it undertakes to make good the deficit court fee as a pre-condition for drawing the decree; therefore, the challenge by the Railways alone is perfectly maintainable;38
(ii) there is not much to be decided on the contention of the land-losers since a Co-ordinate Bench of this Court in Mohammed Tajoddin Case infra has already fixed Rs.65/Sft. in respect of lands of the very same village namely, Taj Sultanpur and challenge thereto by the Railways before the Apex Court having been negatived, the matter has attained finality; there needs to be escalation taking the said rate as the base price for the acquisition year 2005, is true, but that need not be on cumulative basis;
(iii) the claim of the land-losers for additional compensation on account of assumed prejudice to the marketability of the adjoining lands retained by them does not fit into the parameters of section 23 of the Act and by judicial interpretation thereof a new head of compensation cannot be created merely because the rail-lines bifurcate the lands retained by them; in any way, that was not one of the grounds urged before the 39 Reference Court; section 28A argument does not come to the aid of the land-losers since invocation of this provision is conditioned by the legislative policy which operates in different circumstances, absent herein; and
(iv) in respect of very same acquisition in a set of cases that related to the lands of this very village, this court has rendered a judgment dated 31.08.2020 wherein Mohammed Tajoddin Case has been followed as the base line and compensation has been reduced to Rs.105/110 from what was awarded by the Reference Court; that being the position, the judicial discipline and propriety require that a different path may not be tread and therefore the said latest judgment should put all the contentions of the land-losers at a bay.
6. Having heard the learned counsel for the parties and having perused the original papers from the TCR, we are inclined to downwardly revise the compensation as under and for the following reasons: 40
(a) The contention of the land-losers as to impermissibility of challenge only by the Railways:
The very contention having already been treated by this Court has been rejected in an identical fact matrix i.e. MFA No.201775/2018 (LAC) between Union of India vs. Smt. Shantabai & Ors. & connected matters decided on 24.09.2020 and therefore there is no reason for us to take a different view; the reasons assigned at sub-para(A) of paragraph-6 of the said judgment equally apply here too; suffice it to say that the challenge by the Railways alone is maintainable.
(b) As to the norms of determination of market value of lands:
Both the LAO after spot inspection and the Reference Courts on the basis of evidentiary material on record, have fairly arrived at a finding that these lands did not have much development potential during the relevant period; even nothing concrete is brought out on record before us to dislodge such a finding; the principles 41 governing the determination of the market value of lands, are now well settled by the Apex Court in Chimanlal Harigovinddas Vs. Special Land Acquisition Officer, (1988) 3 SCC 751; it has been inter alia held that the Reference Court has to treat the reference as an original proceeding and determine the market value afresh on the basis of the material produced by the parties before it. The claimant being in the position of a plaintiff has to show that the price offered by the LAO by the award for his land is inadequate on the basis of the material produced by both the sides; the market value of land under acquisition has to be determined as on the crucial date of Preliminary Notification, with the presumption that the land-owner is willing to sell the land at a reasonable price; the subsequent sale transactions ordinarily do not constitute the exemplars or the relevant instances indicative of the price of the land in acquisition; this aspect has been lost sight of by the Reference Courts below and that has resulted into unjustified escalation of land price to some extent. 42
(c) As to Division Bench judgment in Mohammed Tajoddin Case:
There is a lot of force in the contention of the learned Senior Panel Counsel for the Railways that substantially the cases at hands are covered by a Co-ordinate Bench judgment dated 25.01.2017 in MFA No.32806/2013 (LAC) & connected matters between State of Karnataka vs. Mohammed Tajoddin; the Bench having considered all aspects of the matter in respect of lands in the very same village has re-fixed the land value at Rs.65/Sft. for the acquisition year 2005 and therefore, this value can be taken as the exemplar with cumulative escalation at the rate of 10% as has already been done by this Court in respect of similar matters i.e., MFA No.201188/2017 (LAC) & connected matters between Union of India vs. Gurunath & Ors.
decided on 31.08.2020, of course with little variation depending upon the variables such as their proximity to the bordering lands of adjoining village namely, 43 Jafarabad & Shaik Roja villages, or the like; this aspect having not been considered by the Reference Court duly, prejudice is caused to the beneficiary of acquisition as also the State Government, which have to contribute towards the compensation, as rightly contended by the Panel Counsel and AGA.
(d) As to Apex Court judgment in Mahadev Case:
The vehement contention of Mr.Harshavardhan that the judgment in Mohammed Tajoddin Case went in appeal before the Apex Court and compensation came to be enhanced to Rs.129.95/Sft. is partly true; in Mahadev, by LRs Kalawati & Ors. vs. Deputy Chief Engineer (Constructions), South Central Railways III & ANR. Civil Appeal No.7642/2019 decided on 26.09.2019, the Apex Court enhanced the compensation to Rs.129.95/Sft. in respect of lands of Jafarabad village and to Rs.150/Sft. in respect of lands of Shaik Roza village; but the challenge in respect of Taj 44 Sultanpur lands is stated to be still pending; the contention that there is no difference between the lands of those two villages and of this village is bit difficult to countenance in view of the Co-ordinate Bench judgment in Mohammed Tajoddin case which we have followed in other connected matters of this village namely, MFA No.201188/2017 (LAC) etc., between Union of India vs. Gurunath & Ors., as rightly contended by Mr. Manvendra Reddy and Smt. Archana Tiwari; however, we make it very clear that if and when the Apex Court enhances the compensation in the matters pending before it, the same would be ipso facto avail to these land-losers.
e) As to bifurcation of land by rail lines and consequent prejudice to market value of adjoining lands of the owners:
There is a lot of force in the inimitable submission of Mr. Harshavardhan that the run of the rail lines resulting into bifurcation of the adjoining lands of the land-losers would affect their marketability and also 45 cause prejudice to the usage of the same; this aspect of the matter we have discussed in Shantabai case, supra and awarded an additional compensation of 3%; that being the position, the same needs to be extended to these land losers as well, when they are similarly circumstanced in all fours; an argument to the contrary if accepted, may risk the court to the allegation of discrimination and cause heartburn to the aggrieved;
f) As to Section 28-A argument:
Mr. Harshavardhan contended that the Parliament by enacting section 28-A has extended the principle of equality in respect of the value of all the lands enlisted in the same Notification and that the escalation granted by the Apex Court in Mahadev case, supra needs to be extended to these land-losers also on cumulative basis; it is bit difficult for us to agree with this novel argument; as already mentioned above the decision of the Apex Court in Mahadev case, supra is confined to 46 other two villages namely, Jafarabad and Shaik Roza, as rightly contended by the Railway counsel; as already mentioned above, the challenge by the Railways to the Co-ordinate Bench judgment in Mohammed Tajuddin case is negatived by the Apex Court, although the challenge at the instance of the land-losers in SLP(C) Dairy No.26546/2018 between Chitrabai & Anr. Vs. Deputy Chief Engineer (Construction), South Central Railway-3 & Anr. is still pending consideration; added to this, we have mentioned above that the enhancement if granted by the Apex Court in respect of the lands of Taj Sultanpur, the same would enure to the benefit of these land-losers as well; this having been said, we leave this legal contention for being treated in an appropriate case, more particularly because the rule of uniform value has been frowned upon by the Apex Court vide Basant Kumar Vs. Union of India, (1996) 2 SCC 542, wherein at para-5 observed as under:47
"It is common knowledge that even in the same village, no two lands command same market value. The lands abutting the main road or national highway command higher market value and as the location goes backward, market value of interior land would be less even for the same kind of land. It is a settled legal position that the lands possessed of only similar potentiality or the value with similar advantages offer comparable parity of the value. It is common knowledge that the lands in the village spread over the vast extent. So, all lands cannot and should not be classified as possessed of same market value. Burden is always on the claimant to prove the market value and the court should adopt realistic standards and pragmatic approach in evaluation of the evidence. The doctrine of equality in determination and payment of same compensation for all claimants involved in the same notification is not a good principle" (underline is ours) In the above circumstances, the challenge by the Railways and the LAO succeeds in part, and the challenge by the land-losers being devoid of merits fails;
consequently, the rate of compensation is downwardly revised as under:48
i) In respect of Railways appeal in MFA
201035/2017 corresponding to land-
owners MFA Crob 200055/2018 arising
from the judgment in LAC No.532/2010
relating to 2005 acquisition, the
compensation is downwardly revised from Rs.117/Sft. to Rs.65 + 3 (which includes 3% land bifurcation component) = Rs.68/Sft. (Rupees Sixty Eight) only.
ii) In respect of all other appeals and cross-
objections concerning 2010 acquisition, the compensation is re-determined at Rs.115/Sft. (Rupees One Hundred & Fifty) only (taking Rs.65/Sft. as the base land value/exemplar plus 3 (which includes 3% land bifurcation component) with cumulative escalation at the rate of 10% per annum for 05 years;
iii) All the land-losers who are parties to these proceedings shall be ipso facto entitled to the benefit of enhancement of compensation if and when made by the Apex Court in SLP(C) Dairy No.26546/ 49 2018 between Chitrabai & Anr. Vs. Deputy Chief Engineer (Construction), South Central Railway-3 & Anr. sans the requirement of any further adjudication.
iv) The compensation shall be worked out accordingly with admissible additions, and the statutory interest shall be reckoned from the date of the award or from the date of taking possession, whichever is earlier;
v) The Railways shall deposit the deficit of
compensation amount, if any, in the
jurisdictional Reference Courts within three months, and that the delay brooked in depositing the same shall entail it with an additional interest of 2% per mensem. The Registry is directed to transmit the amount in deposit and send back the TCR to the jurisdictional Reference Courts forthwith; the said Courts shall immediately appropriate the said amounts of money towards compensation payable to the land-losers at the above re-determined rates, at the earliest and residue of 50 the deposit, if any, shall be refunded to the Railways without brooking delay.
All other applications filed by either parties pale into insignificance since main matters themselves are heard & disposed off on merits.
Costs made easy.
Sd/-
JUDGE Sd/-
JUDGE Swk/BL