The Chief Engineer (Constructions) vs Santosh A S/O Late A. Prakash on 17 December, 2021

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Karnataka High Court

The Chief Engineer (Constructions) vs Santosh A S/O Late A. Prakash on 17 December, 2021

Bench: S. Sunil Dutt Yadav

                               1


             IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

       DATED THIS THE 17TH DAY OF DECEMBER, 2021

                        PRESENT
       THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                          AND
           THE HON'BLE MR.JUSTICE S. RACHAIAH
                M.F.A. No. 103373/2017 (LAC)
BETWEEN:

1.     THE CHIEF ENGINEER (CONSTRUCTIONS),
       SOUTH WESTERN RAILWAY, NO. 18,
       MILLERS ROAD, BENGALURU.

2.     THE DEPUTY CHIEF ENGINEER (CONSTRUCTION),
       SOUTH WESTERN RAILWAY, HUBBALLI, NOW
       REPRESENTED BY THE DY. CHIEF ENGINEER,
       SWR, DAVANGERE-577 001.

3.    THE EXECUTIVE ENGINEER (CONSTRUCTIONS),
      SOUTH WESTERN RAILWAY, KOTTUR-HARIHAR
      RAILWAY BROADGAUGE LINE,
      DAVANGERE-577 001.
                                           -       APPELLANTS
(BY SRI MALLIKARJUN S. HIREMATH, ADVOCATE)

AND:

1.     SANTOSH A. S/O LATE A. PRAKASH,
       AGE: 32 YEARS, OCC.; NOT KNOWN,
       R/O: # 3367/13, 7TH CROSS, MCC 'B' BLOCK,
       NEAR OLD RTO OFFICE, DAVANGERE-577 001.

2.    THE SPECIAL LAND ACQUISITION OFFICER,
      KOTTUR-HARIHAR RAILWAY BROAD GAUGE LANE,
      HARIHAR-577 601, DAVANAGERE DIST.
                                          -     RESPONDENTS
(BY SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R2,
NOTICE TO R1 IS SERVED)
                               2

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
54(1) OF THE LAND ACQUISITION ACT AGAINST THE JUDGMENT AND
AWARD DATED 23.01.2016 PASSED IN LAC NO. 2/2014 ON THE FILE
OF THE LEARNED SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, KUDLIGI & ETC.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, S.SUNIL DUTT YADAV J., DELIVERED THE
FOLLOWING:
                      JUDGMENT

Though the appeal is listed for admission, it is taken up for disposal as it is submitted by the learned counsel for the appellant that on an earlier occasion this Court in M.F.A. No. 101303/2016 had entertained the appeal as regards the award passed in L.A.C. No. 28/2005, which came to be set aside with the proceedings being remanded to the trial Court with certain observations. It is noticed that M.F.A. No. 101303/2016 which was filed challenging the award of the Reference Court in L.A.C. No. 28/2005 relates to the notification u/S 4(1) of the Land Acquisition Act dated 24.07.2008 as regards agricultural land in Kottur village, which was notified for the purpose of gauge conversion between Harihara and Kottur. The claimant-respondent No.1 herein is served. However, taking note of the order 3 being passed in M.F.A. No. 101303/2016 and other similar matters are disposed of, this appeal is also to be disposed off on same terms.

2. A perusal of the appeal would indicate that the reference proceedings relate to the very same notification u/S 4(1) and 17 of the Land Acquisition Act. It is also noticed that the land in Kottur village bearing its Sy. No. 660 measuring 1.43 acres is the subject matter of the notification and reference proceedings.

3. Learned counsel for the respondents-claimants would submit that the contentions raised in the present appeal would also require to be dealt with taking note of the order passed in M.F.A. No. 101303/2016.

4. In the light of the submission by both the counsel and to ensure there is uniformity in consideration by the Reference Court, it would be appropriate to remand the matter back while taking note of the observation in M.F.A. 4 No. 101303/2016. It is submitted that the amount that has been deposited by the appellant herein has not been disbursed. It is made clear that the amount in deposit would remain in deposit and may be kept in interest bearing fixed deposit till disposal of the proceedings before the Reference Court. Accordingly, we pass the following order.

ORDER

(i) Appeal is allowed. Consequently, the judgment and award passed by the Reference Court in L.A.C. No. 2/2014 dated 23.01.2016 by the learned Sr. Civil Judge & JMFC, Kudligi is set aside;

(ii) Matter is remitted to the Reference Court for fresh disposal in accordance with law. Disposal of the case may be expedited subject to co- operation by both the parties;

(iii) Parties are directed to appear before the Reference Court on 13.01.2022 without further notice;

(iv) Registry to return the trial Court records forthwith;

(v) Appellants are entitled to refund of Court fee as per the applicable law;

SD JUDGE SD JUDGE bvv

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