Supreme Court - Daily Orders
Ravindra vs The Special Land Acquisition Officer, ... on 28 November, 2016
Bench: Kurian Joseph, Rohinton Fali Nariman
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.11359 OF 2016
[ARISING FROM SPECIAL LEAVE PETITION (C) NO.7971/2016]
RAVINDRA AND ANR. APPELLANT(S)
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, UKP,
BAGALKOT RESPONDENT(S)
WITH
C.A. NO.11361/2016 @ SLP(C) NO.8085/2016
C.A. NO.11363/2016 @ SLP(C) NO.8035/2016
C.A. NO.11364/2016 @ SLP(C) NO.8087/2016
C.A. NO..11365/2016 @ SLP(C) NO.8089/2016
C.A. NO.11372/2016 @ SLP(C) NO.8065/2016
C.A. NO.11373/2016 @ SLP(C) NO.16674/2016
C.A. NO.11374/2016 @ SLP(C) NO.16675/2016
C.A. NO.11360/2016 @ SLP(C) NO.16673/2016
C.A. NO.11362/2016 @ SLP(C) NO.25519/2016
C.A. NOS.11366-11371/2016 @ SLP(C) Nos.35130-35135/2016
@ CC NOS.22918-22923/2016
C.A. NO.11375/2016 @ SLP(C) Nos.35136/2016 @ CC NO.22928/2016
C.A. NO.11376/2016 @ SLP(C) Nos.35138/2016 @ CC NO.22929/2016
C.A. NO.11378/2016 @ SLP(C) Nos.35140/2016 @ CC NO.22930/2016
C.A. NO.11377/2016 @ SLP(C) Nos.35139/2016 @ CC NO.22931/2016
J U D G M E N T
Signature Not Verified Digitally signed by KURIAN, J.
NARENDRA PRASAD Date: 2017.03.11 13:18:04 IST Reason:1. C.C. Nos.22918-22923, 22928, 22929, 22930 & 22931 1 of 2016 are taken on Board.
2. Delay condoned.
3. Leave granted.
4. Heard the learned senior counsel appearing for the appellants and learned counsel appearing for the State.
5. The appellants are aggrieved since they are denied compensation at the rate of Rs.6,50,000/- per acre which has been granted in respect of the same acquisition and in respect of the property in the same village of Mudhol Village and Taluk, Bagalkot District of Karnataka and acquired for the same purpose. It is seen that the High Court had, as a matter of fact, allowed certain appeals and granted compensation at the rate of Rs.6,50,000/- per acre, as per judgment dated 12.12.2012 passed in M.F.A. No.21191 of 2010 and other connected matters. That judgment has become final. Though the appellants filed review before the High Court on this ground, the same was turned down holding that it was not a ground for review.
6-7. Since the compensation at the rate of Rs.6,50,000/- has been granted in respect of the same acquisition and covered by the same notification and coming under the same village, we see no reason to deny the said benefit to the appellant.
8. Therefore, these appeals are allowed. The appellants shall be entitled to compensation at the rate of Rs.6,50,000/- per acre along with the statutory benefits.
9. The impugned judgment of the High Court and the order in review will stand modified to the above extent.
210. Pending applications, if any, stand disposed of.
11. No costs.
.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ] NEW DELHI;
NOVEMBER 28, 2016.
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ITEM NO.1 COURT NO.8 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 7971/2016
(Arising out of impugned final judgment and order dated 07/09/2015 in RP No. 100042/2014 passed by the High Court of Karnataka Circuit Bench at Dharwad) RAVINDRA AND ANR. PETITIONER(S) VERSUS THE SPECIAL LAND ACQUISITION OFFICER, UKP, BAGALKOT RESPONDENT(S) (with office report) WITH C.A. NO........../2016 @ SLP(C) No. 8085/2016 (With appln.(s) for c/delay in refiling SLP and Office Report) C.A. NO........../2016 @ SLP(C) No. 8035/2016 (With appln.(s) for c/delay in refiling SLP and Office Report) C.A. NO........../2016 @ SLP(C) No. 8087/2016 (With appln.(s) for c/delay in refiling SLP and Office Report) C.A. NO........../2016 @ SLP(C) No. 8089/2016 (With appln.(s) for c/delay in refiling SLP and Office Report) C.A. NO........../2016 @ SLP(C) No. 8065/2016 (With appln.(s) for c/delay in refiling SLP and Office Report) C.A. NO........../2016 @ SLP(C) No. 16674/2016 (With Office Report) C.A. NO........../2016 @ SLP(C) No. 16675/2016 (With Office Report) C.A. NO........../2016 @ SLP(C) No. 16673/2016 (With Office Report) C.A. NO........../2016 @ SLP(C) No. 25519/2016 (With Office Report) C.A. NOS.........../2016 @ SLP(C) Nos............./2016 @ CC NOS.22918-22923/2016 4 C.A. NO......./2016 @ SLP(C) Nos....../2016 @ CC NO.22928/2016 C.A. NO......./2016 @ SLP(C) Nos....../2016 @ CC NO.22929/2016 C.A. NO......./2016 @ SLP(C) Nos....../2016 @ CC NO.22930/2016 C.A. NO......./2016 @ SLP(C) Nos....../2016 @ CC NO.22931/2016 Date : 28/11/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Ms. V. Mohana,Sr.Adv.
Mr. Ashwin Kumar D.S.,Adv.
Mr. D.L. Chidananda,Adv.
For Respondent(s) Mr. V.N. Raghupathy,Adv.
Mr. Lagnesh Mishra,Adv.
Mr. Parikshit P. Angadi,Adv.
UPON hearing the counsel the Court made the following O R D E R C.C. Nos.22918-22923, 22928, 22929, 22930 & 22931 of 2016 are taken on Board.
Delay condoned.
Leave granted.
The appeals are allowed in terms of the signed judgment.
(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed 'Non-Reportable' judgment is placed on the file) 5