The Union Of India vs Ashabi Kom Hussainsab Pendari on 27 October, 2017

[Cites 0, Cited by 0]

Karnataka High Court

The Union Of India vs Ashabi Kom Hussainsab Pendari on 27 October, 2017

Bench: S.Sujatha

         IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH
     DATED THIS THE 27TH DAY OF OCTOBER, 2017
                       BEFORE
       THE HON'BLE MRS. JUSTICE S.SUJATHA
               MFA NO.103544/2015(LAC)
BETWEEN:
THE UNION OF INDIA
REP. BY ITS GENERAL MANAGER
THROUGH THE DEPUTY CHIEF ENGINEER
(CONSTRUCTIONS DEPARTMENT),
SOUTH WESTERN RAILWAY, HUBBALLI.
                                             ... APPELLANT
(BY SMT. ANURADHA DESHPANDE)


AND:

1.   ASHABI KOM. HUSSAINSAB PENDARI,
     AGE:MAJOR, OCC:AGRICULTURE,
     R/O:KELGERI, TQ./DIST:DHARWAD.

2.   IQBALSAB, S/O HUSSAINSAB PENDARI,
     AGE:MAJOR , OCCUPATION: AGRICULTURE,
     R/O:KELGERI , TQ./DIST:DHARWAD.

3.   BASHEERAHMED S/O HUSSAINSAB PENDARI,
     AGE:MAJOR, OCCUPATION:AGRICULTURE,
     R/O:KELGERI, TQ./DIST:DHARWAD.

4.   RAMAJAN BEGUM D/O HUSSAINSAB PENDARI,
     AGE:MAJOR, OCCUPATION:AGRICULTURE,
     R/O:KELGERI , TQ./DIST:DHARWAD.

5.   ABDULSAB S/O HUSSAINSAB PENDARI,
     AGE:MAJOR, OCCUPATION:AGRICULTURE,
     R/O: KELGERI, TQ./DIST:DHARWAD.
                             2




6.   RASHEEDA BEGUM KOM. KHALILAHMED TINNAWALE,
     AGE:MAJOR, OCCUPATION : AGRICULTURE,
     R/O:KELGERI, TQ./DIST:DHARWAD.

7.   ASSISTANT COMMISSIONER & LAND
     ACQUISITION OFFICER, DHARWAD.

8.   DEPUTY COMMISSIONER,
     DHARWAD, DIST:DHARWAD.

9.   PRINCIPAL SECRETARY,
     REVENUE DEPARTMENT,
     GOVERNMENT OF KARNATAKA,
     BENGALURU.
                                          ... RESPONDENTS

     THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISTION ACT, 1894, AGAINST THE JUDGMENT AND AWARD
DATED 18.12.2013, PASSED IN LAC NO.87/2012, ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD, AWARDING
COMPENSATION OF RS.45,000/- PER GUNTA.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                      JUDGMENT

This appeal is filed by the appellant the Union of India against the judgment and award dated 18.12.2013 passed by the II Additional Civil Judge(Senior Division), Dharwad, in LAC No.87/2012.

2. By the impugned judgment and award, the reference Court has awarded compensation at the rate of Rs.45,000/-per gunta for the acquired land with all statutory benefits. Aggrieved by the same, the appellant - Union of India has filed this appeal with IA No.1/2015 to condone the delay of 622 days in filing this appeal.

3. This Court would have taken a lenient view in condoning the delay after issuing notice to the respondents provided the appellant had good case on merits. However, in view of the issue being squarely covered by the Division Bench judgment of this Court in MFA No.100202/2015, whereby the compensation awarded at Rs.45,000/- per gunta with all statutory benefits for similarly situated lands having been confirmed, no purpose would be served in issuing notice to the respondents on IA No.1/2015, seeking condonation of delay in filing the appeal.

4. As such, this Court is of the considered view that the impugned judgment do not warrant any interference by this Court. Accordingly, IA No.1/2015 is dismissed. Consequently, appeal stands dismissed.

Sd/-

JUDGE hmb

Unlock Advanced Research with PRISMAI

Karnataka High Court