Karnataka High Court
Hutti Gold Mines Company Ltd vs Ramanna S/O Gundappa And Anr on 10 February, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF FEBRUARY 2022
PRESENT
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
M.F.A. NO.200098/2022 (LAC)
C/W
M.F.A. NO.200105/2022, M.F.A. NO.200106/2022
M.F.A. NO.200107/2022, M.F.A. NO.200108/2022
M.F.A. NO.200109/2022, M.F.A. NO.200110/2022
M.F.A. NO.200111/2022, M.F.A. NO.200152/2022
M.F.A. NO.200153/2022, M.F.A. NO.200154/2022
M.F.A. NO.200155/2022, M.F.A. NO.200156/2022
M.F.A. NO.200157/2022, M.F.A. NO.200158/2022
M.F.A. NO.200166/2022, M.F.A. NO.200167/2022
M.F.A. NO.200176/2022, M.F.A. NO.200177/2022
M.F.A. NO.200178/2022, M.F.A. NO.200179/2022
M.F.A. NO.200180/2022, M.F.A. NO.200181/2022
M.F.A. NO.200182/2022, M.F.A. NO.200183/2022
M.F.A. NO.200184/2022, M.F.A. NO.200185/2022
M.F.A. NO.200186/2022, M.F.A. NO.200187/2022
M.F.A. NO.200188/2022, M.F.A. NO.200189/2022
2
M.F.A. NO.200190/2022, M.F.A. NO.200191/2022
M.F.A. NO.200192/2022, M.F.A. NO.200193/2022
M.F.A. NO.200194/2022, M.F.A. NO.200195/2022
& M.F.A. NO.200196/2022 (LAC)
IN M.F.A. NO.200098/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist.Raichur-584115.
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Narasimha Nayak S/o Shivalingappa Nayak,
Age: 71 years, Occ: Agriculture,
R/o Hutti village, Tq.Lingasugur
Dist.Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.34/2015 and etc.
3
IN M.F.A. NO.200105/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. N. Swamy S/o Bheemeshappa
Age: 56 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist.Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.21/2015 and etc.
IN M.F.A. NO.200106/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
Now, Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
4
AND:
1. Hulugemma W/o Mallayya
Age: 63 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist.Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.58/2015 and etc.
IN M.F.A. NO.200107/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
Now, Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. B.Doddappa S/o Amarappa,
Age: 61 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
5
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.35/2015 and etc.
IN M.F.A. NO.200108/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Ramanna S/o Gundappa,
Age: 63 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
6
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.67/2015 and etc.
IN M.F.A. NO.200109/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Kanakappa S/o Gangappa,
Age: 62 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.66/2015 and etc.
IN M.F.A. NO.200110/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
7
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Sanna Hanumanthappa S/o Bheemappa,
Age: 61 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.31/2015 and etc.
IN M.F.A. NO.200111/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Jyoti W/o Hobaleppa Nayak,
Age: 31 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
8
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.65/2015 and etc.
IN M.F.A. NO.200152/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
Nagaraj S/o Gundappa Dead By LRs;
1. Hanumamma W/o Gundappa,
Age: Major, Occ: Agriculture,
R/o. Kota village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
9
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.33/2015 and etc.
IN M.F.A. NO.200153/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
Gundappa Dead By LRs;
1. Honnamma W/o Gundappa,
Age: 57 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.11/2015 and etc.
10
IN M.F.A. NO.200154/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq.Lingasugur,
Dist.Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Kotrayya S/o Shivalingayya,
Age: Major, Occ: Agriculture,
R/o. Kota village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.36/2015 and etc.
IN M.F.A. NO.200155/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
11
AND:
1. Sharanabasava S/o Devappa,
Age: 41 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.12/2015 and etc.
IN M.F.A. NO.200156/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Kashibai W/o Eshwarayya Shastrimat,
Age: Major, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
12
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.08/2015 and etc.
IN M.F.A. NO.200157/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Veeresh S/o Amarayya,
Age: Major, Occ: Agriculture,
R/o. Medinapur village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.51/2015 and etc.
13
IN M.F.A. NO.200158/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Gouramma W/o Nagappa,
Age: Major, Occ: Agriculture,
R/o. Medinapur village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.42/2015 and etc.
IN M.F.A. NO.200166/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
14
AND:
1. Prashanth N. S/o Amarappa @ Ambayya,
Age: Major, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.63/2015 and etc.
IN M.F.A. NO.200167/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Amarayya S/o Rachayya,
Age: Major, Occ: Agriculture,
R/o. Kota village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
15
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.28/2015 and etc.
IN M.F.A. NO.200176/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Shantamma W/o Rachayya,
Age: Major, Occ: Agriculture,
R/o. Medinapur village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.55/2015 and etc.
16
IN M.F.A. NO.200177/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Sharanabasava S/o Basappa,
Age: Major, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.46/2015 and etc.
IN M.F.A. NO.200178/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
17
AND:
1. Raghavendra S/o Venkoba,
Minor U/G of his Natural Father
Venkoba S/o Lalesab,
Age: Major, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.23/2015 and etc.
IN M.F.A. NO.200179/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Shanthamma W/o Rachayya,
Age: Major, Occ: Agriculture,
R/o. Medinapur village, Tq. Lingasugur,
Dist. Raichur-584115.
18
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.20/2015 and etc.
IN M.F.A. NO.200180/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Ayyamma W/o Amarappa,
Age: Major, Occ: Agriculture,
R/o. Kota village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
This Miscellaneous First Appeal is filed under Section 54(1) of the
Land Acquisition Act, praying to allow the appeal by setting aside the
19
Judgment and Award dated 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.48/2015 and etc.
IN M.F.A. NO.200181/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Hassainappa S/o Sagarappa,
Age: Major, Occ: Agriculture,
R/o. Kota village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.41/2015 and etc.
IN M.F.A. NO.200182/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
20
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Rajmahammed S/o Hasansab,
Age: 46 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.71/2015 and etc.
IN M.F.A. NO.200183/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Mehaboob Ali S/o Rajasab,
Age: 74 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
21
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.70/2015 and etc.
IN M.F.A. NO.200184/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Sharanabasava S/o Basappa,
Age: Major, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
22
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.32/2015 and etc.
IN M.F.A. NO.200185/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Ramjan Ali @ Ramjansab S/o Allisab,
Age: 54 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.74/2015 and etc.
IN M.F.A. NO.200186/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
23
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Laxmi W/o Hobaleppa,
Age: Major, Occ: Agriculture,
R/o. Kota village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.29/2015 and etc.
IN M.F.A. NO.200187/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Mehaboobsab S/o Khasimsab,
24
Age: 45 years, Occ: Agriculture,
2. Shahirabegum W/o Mehaboobsab
Age: 40 years, Occ: Household & Agriculture
Both are R/o Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
3. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.75/2015 and etc.
IN M.F.A. NO.200188/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Veeresh S/o Shivalingayya,
Age: Major, Occ: Agriculture,
R/o. Medinapur village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
25
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.30/2015 and etc.
IN M.F.A. NO.200189/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Seethanna S/o Ranganath Nayak,
Age: Major, Occ: Agriculture,
R/o. Kota village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.64/2015 and etc.
26
IN M.F.A. NO.200190/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Babu S/o Late Khajasab,
Age: 57 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.69/2015 and etc.
IN M.F.A. NO.200191/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
27
AND:
1. Abdul Rehamansab S/o Lalsab,
Age: 41 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.73/2015 and etc.
IN M.F.A. NO.200192/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Rudrayya S/o Shivalingayya,
Age: Major, Occ: Agriculture,
R/o. Kota village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
28
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.26/2015 and etc.
IN M.F.A. NO.200193/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Hasanbee W/o Lalsab,
Age: 68 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.83/2015 and etc.
29
IN M.F.A. NO.200194/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Moulabee W/o Lalsab,
Age: 46 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.79/2015 and etc.
IN M.F.A. NO.200195/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
30
AND:
1. Mehaboob S/o Khasimsab,
Age: 45 years, Occ: Agriculture,
R/o. Hutti village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.72/2015 and etc.
IN M.F.A. NO.200196/2022:
BETWEEN:
Hutti Gold Mines Company Ltd.,
Represented by its General Manager,
Hutti Village, Tq. Lingasugur,
Dist. Raichur-584115.
Now Represented by I/c Sr. Manager (HR).
... Appellant
(By Sri Veeranagouda Malipatil, Advocate)
AND:
1. Holiyappa S/o Ningappa,
Age: Major, Occ: Agriculture,
R/o. Medinapur village, Tq. Lingasugur,
Dist. Raichur-584115.
2. The Special Land Acquisition Officer/
Asst. Commissioner, Lingasugur
31
Dist: Raichur-584 112.
... Respondents
(By Sri R.S.Sidhapurkar, Advocate for R1;
Sri Mallikarjun C. Basareddy, HCGP for R2 )
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 9th April 2021 passed by the learned Senior
Civil Judge & JMFC at Lingasugur in L.A.C.No.17/2015 and etc.
These appeals coming on for Admission, this day, S.R.Krishna
Kumar J., delivered the following:
JUDGMENT
All these appeals arise out of the common judgments and awards passed by the Senior Civil Judge & JMFC at Lingasugur (for short, 'the reference court') in proceedings initiated by the respondents-claimants under Section 18(1) of the Land Acquisition Act, 1894 seeking enhancement of compensation awarded in their favour by the respondent- Special Land Acquisition Officer (for short, 'SLAO').
2. The details of the claim petitions and the corresponding appeals are as under;
32
Sl. MFA NOs. LAC Nos. No 1. 200098/2022 34/2015 2. 200105/2022 21/2015 3. 200106/2022 58/2015 4. 200107/2022 35/2015 5. 200108/2022 67/2015 6. 200109/2022 66/2015 7. 200110/2022 31/2015 8. 200111/2022 65/2015 9. 200152/2022 33/2015 10. 200153/2022 11/2015 11. 200154/2022 36/2015 12. 200156/2022 08/2015 13. 200155/2022 12/2015 14. 200157/2022 51/2015 15. 200158/2022 42/2015 16. 200166/2022 63/2015 17. 200167/2022 28/2015 18. 200176/2022 55/2015 19. 200177/2022 46/2015 20. 200178/2022 23/2015 21. 200179/2022 20/2015 22. 200180/2022 48/2015 23. 200181/2022 41/2015 24. 200184/2022 32/2015 25. 200186/2022 29/2015 26. 200188/2022 30/2015 27. 200189/2022 64/2015 28. 200192/2022 26/2015 29. 200196/2022 17/2015 30. 200195/2022 72/2015 31. 200190/2022 69/2015 32. 200183/2022 70/2015 33. 200182/2022 71/2015 34. 200191/2022 73/2015 35. 200185/2022 74/2015 36. 200187/2022 75/2015 37. 200194/2022 79/2015 38. 200193/2022 83/2015 33
3. Before the reference court, respondent-SLAO filed an application in I.A.No.II under Order VII Rule 10 of CPC seeking transfer of all the cases to the authorities constituted under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 ( for short, 'the said Act of 2013'). By order dated 12.10.2017, the reference court allowed I.A.No.II and transferred the reference to the authorities under the said Act of 2013.
4. Aggrieved by the aforesaid order passed by the reference court, the State and M/s. Hutti Gold Mines Company Limited (appellant herein) jointly approached this court in W.P.No.203169/2019 and connected matters. By final order dated 18.02.2020, this court allowed the said petitions and set aside the said order dated 12.10.2017 passed on I.A.No.II by the reference court and accordingly directed the reference court itself to proceed with the claim petitions filed by the claimants and conclude the proceedings in accordance with law.
34
5. Pursuant to the aforesaid order dated 18.02.2020 passed by this court in W.P.No.203169/2019 and connected matters, the reference court proceeded further in the matter and passed the impugned judgments and awards re- determining and enhancing the compensation in favour of the claimants. Under the impugned judgments and awards, the reference court noticed that though the State Government had contested the claim petitions, the appellant herein M/s. Hutti Gold Mines Company Limited had not filed any objections nor contested the proceedings and did not participate in the proceedings before the reference court. Accordingly, the reference court proceeded to consider and appreciate the material on record and has passed the impugned judgments and awards in all the matters re-determining and enhancing the compensation in favour of the claimants. Aggrieved by the impugned judgments and awards of the reference court, the beneficiary M/s. Hutti Gold Mines Company Limited is before this court by way of all the present appeals. 35
6. In addition to reiterating the various contentions urged in the appeals and referring to the material on record, the learned counsel for the appellant, M/s. Hutti Gold Mines Company Limited submits that apart from the fact that the compensation fixed by the reference court was highly exorbitant and excessive, the appellant could not file its objections and contest the proceedings due to the unavoidable circumstances, bonafide reasons and sufficient cause and on account of the Covid-19 pandemic as well as the untimely demise of learned counsel for the appellant before the reference court on 31.08.2020 and as such, it was not possible for the appellant to file their objections or cross- examine the claimants and/or their witnesses or adduce oral and documentary evidence on behalf of the appellant. It is contended that the inability and omission on the part of the appellant to file its objections to the claim petitions and contest the proceedings was not deliberate and the same was unintentional. It is also submitted that the appellant is ready and willing to abide by the terms and conditions to be imposed 36 by this court. It is therefore submitted that if one more opportunity is granted in favour of the appellant by setting aside the impugned judgments and awards and remitting the matter back to the reference court for reconsideration afresh by permitting the appellant to file its objections and contest the proceedings, the appellant would henceforth diligently contest the proceedings before the reference court without protracting the proceedings.
7. Per contra, learned counsel for the claimants submits that the conduct of the appellant in not contesting the matter even after disposal of W.P.No.203169/2019 and connected matters vide order dated 18.02.2020 would clearly indicate that the appellant was not diligent in contesting the proceedings and consequently, no indulgence is to be shown in favour of the appellant. It is submitted that in the event this court were to show some indulgence in favour of the appellant by granting one final opportunity, it is necessary that the appellant be put on terms by directing them to deposit a portion of the compensation and also directing the reference 37 court to dispose of the proceedings within a stipulated time frame by directing the appellant to file their objections and cross-examine the claimants and their witnesses and also lead evidence at the earliest.
8. So also, learned High Court Government Pleader appearing for respondent-State submits that if the matter is remitted back to the reference court, an opportunity is to be granted to the State also to adduce evidence on its side in addition to cross-examining the claimants and their witnesses.
9. We have given our anxious consideration to the rival considerations and perused the material available on record.
10. The material on record clearly indicates that the appellant M/s. Hutti Gold Mines Company Limited was petitioner No.2 in W.P.No.203169/2019 and connected matters which was allowed by this court vide order dated 18.02.2020 thereby directing the reference court to proceed further in the matter. Despite the appellant herein being a 38 party to the aforesaid writ petitions wherein, this court remitted the matter back to the reference court, the appellant has not taken any steps to contest the proceedings as is clear from the impugned judgments and awards wherein the reference court has noticed that the appellant has not filed objections nor contested the proceedings.
11. However, in the light of the specific assertion made by the appellant that its earlier counsel expired on 31.08.2020 after the matter was remanded by this court on 18.02.2020 coupled with the Covid-19 pandemic which commenced during March, 2020, we are of the considered opinion that one last opportunity is to be granted in favour of the appellant to contest the proceedings by setting aside the impugned judgments and awards and remitting the matter back to the reference court for re-consideration afresh in accordance with law. We make it clear that no further opportunity would be granted in favour of the appellant to contest the proceedings and this indulgence is being shown only on account of the prevailing Covid-19 pandemic and the 39 untimely demise of the learned counsel appearing for the appellant before the reference court and by adopting justice oriented approach and by imposing certain terms and conditions on the appellant and by directing the reference court to dispose of the proceedings within a stipulated time frame.
12. In the result, we pass the following:
ORDER
i) All the appeals are hereby allowed.
ii) The judgments and awards dated 09.04.2021 passed by the Senior Civil Judge & JMFC, Lingasugur in LAC Nos.34/2015, 21/2015, 58/2015, 35/2015, 67/2015, 66/2015, 31/2015, 65/2015, 33/2015, 11/2015, 36/2015, 08/2015, 12/2015, 51/2015, 42/2015, 63/2015, 28/2015, 55/2015, 46/2015, 23/2015, 20/2015, 48/2015, 41/2015, 32/2015, 29/2015, 30/2015, 64/2015, 26/2015, 17/2015, 72/2015, 69/2015, 70/2015, 71/2015, 73/2015, 74/2015, 75/2015, 79/2015 and 83/2015 are hereby set aside and the 40 matters are remitted back to the reference court for reconsideration afresh in accordance with law.
iii) The appellant undertakes to appear before the reference court on 14.02.2022 on which date other matters arising out of the very same notification are posted and pending adjudication before the reference court.
iv) The appellant is directed to file statement of objections in the cases where they have already not filed statement of objections on or before 28.02.2022 without seeking any further extension of time/adjournment in this regard.
v) After the appellant files its statement of objections on or before 28.02.2022 as directed supra, the appellant shall take necessary steps to cross- examine the claimants and their witnesses before the reference court; so also, in the event the claimants adduce any additional/further oral and documentary evidence on their side after remand, the appellant shall be entitled to cross- examine them in this regard also.
41
vi) The State is also reserved liberty to cross-
examine the claimants and their witnesses.
vii) The cross-examination of the claimants and their witnesses by the appellant as well as by the State shall be completed on or before 01.04.2022; this would however be subject to the claimants and their witnesses being available and being tendered for cross-examination and in the event it is not possible for the aforesaid cross-
examination to be completed on or before 01.04.2022, the same shall be completed on or before 22.04.2022.
viii) Upon completion of cross-examination of the claimants and their witnesses as stated supra, the appellant and the State are reserved liberty to adduce oral and documentary evidence on their behalf on or before 15.06.2022; needless to say that the claimants would be entitled to cross- examine the witnesses examined on behalf of the appellant and State.
ix) After completion of evidence of both sides, the reference court shall proceed to dispose of the 42 claim petitions forthwith and at any rate not later than 15.07.2022.
x) All parties are directed to co-operate with the reference court for expeditious disposal of the matters and without seeking unnecessary adjournments before the reference court.
xi) The appellant is directed to deposit a sum of Rs.7,00,000/- (Rupees Seven Lakh) per acre on or before 31.03.2022 in all the pending cases before the reference court in relation to the preliminary notification dated 08.08.2012; it is made clear that this deposit which is directed to be made by the appellant before the reference court would be without prejudice to the rights and contentions of the parties and would be subject to the final outcome of the proceedings before the reference court; immediately upon such deposit being made by the appellant, the reference court shall direct the amount shall be invested in fixed deposit for an initial period of three months and renewed subsequently, if required as directed by the reference court.
43
xii) All rival contentions on merits on all aspects of the matters are kept open and no opinion is expressed on the same.
xiii) The registry is directed to refund the court fee paid on all the appeals back to the appellant forthwith in accordance with law.
In view of disposal of main appeals, pending interlocutory applications do not survive for consideration, accordingly they stand disposed of.
Sd/-
JUDGE Sd/-
JUDGE BL