State Of Karnataka By The Deputy ... vs Sarpuddin Ismailsab Benni on 18 February, 2013

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Karnataka High Court

State Of Karnataka By The Deputy ... vs Sarpuddin Ismailsab Benni on 18 February, 2013

Bench: A.N.Venugopala Gowda

                                :1:




           IN THE HIGH COURT OF KARNATAKA
              CIRCUIT BENCH AT DHARWAD

        Dated this the 18th day of February 2013

                            Before

 THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

M.F.A. No.22577/2012 C/W M.F.A. No.22800/2012,
M.F.A. No.22790/2012 & M.F.A. No.22791/2012 (LAC)

In M.F.A. No.22577/2012

Between:

1.    State of Karnataka
      By the Deputy Commissioner,
      Belgaum.

2.    The Assistant Commissioner/
      Land Acquisition Officer,
      Bailhongal Sub Division,
      Bailhongal.
                                       -    Appellants
(By Smt. Megha C. Kolekar, H.C.G.P.)

And:

1.    Sarpuddin Ismailsab Benni.

2.    Rafiq s/o Abdulgani
      Pendari @ Benni.

3.     Mabubali s/o Abdulgani
       Pendai @ Benni.
All are r/o Court Road, Ramdurg,
Tq. Ramdurg, Dist. Belgaum.
                                       -    Respondents
(by Sri R.D. Desai, Advocate)
                              :2:




      This appeal is filed under Section 54(1) of Land
Acquisition Act, 1894, against the judgment and award
dated 29.11.2010 passed in LAC No.128/2008 on the file of
the Senior Civil Judge, Ramdurg and etc.

In M.F.A. No.22800/2012

Between:

1.      State of Karnataka represented by
        The Deputy Commissioner, Belgaum.

2.      The Assistant Commissioner,
        Bailhongal Sub Division,
        Bailhongal.
                                            -   Appellants
(by Smt. Megha C. Kolekar, H.C.G.P.)

and

1.      Ashabi w/o Mehaboobsab Jamadar

2.      Smt. Janubi w/o Ajimsab, Dharwad
        Since deceased by her LRs.

(i)     Adulrahiman
(ii)    Mainuddin s/o Ahimsab Dharwad
(iii)   Julekhabi w/o Mohammadali Gadawale
(iv)    Jaibunabi w/o Bagansab Godawale
(v)     Bashirbi w/o Rajahmad Jamadar,
(vi)    Mariyambi w/o Noor Ahmad Suri.

All are r/o c/o S.I. Benni, Court Road,
Ramdurg, Tal. : Ramdurg, Dist. Belgaum.
                                         - Respondents
      This appeal is filed under Section 54(1) of Land
Acquisition Act, 1894, against the judgment and award
dated 29.11.2010 passed in LAC No.127/2008 on the file of
the Senior Civil Judge, Ramdurg and etc.
                               :3:




In M.F.A. No.22790/2012

Between:

1.      State of Karnataka represented by
        The Deputy Commissioner, Belgaum.

2.      The Assistant Commissioner,
        Bailhongal Sub Division,
        Bailhongal.
                                            -   Appellants
(by Smt. Megha C. Kolekar, H.C.G.P.)

and

1.      Mohammadsab s/o
        Abdulsab Pendari @ Benni
        Since deceased by his LRs.

(i)     Khatunabi w/o
        Mohammadsab Pendari @ Benni

(ii)    Mohammadyunus s/o
        Mohammadsab Pendari @ Benni

(iii)   Gulamhusain s/o
        Mohammadsab Pendari @ Benni

2.      Amadsab Abdulsab Pendari @ Benni,
        Since deceased by his LRs.

(i)     Khutija w/o
        Amadsab Pendari @ Benni,

(ii)    Abdulgafur s/o
        Amadsab Pendari @ Benni

(iii)   Abdulrahim s/o
        Amadsab Pendari @ Benni
                              :4:




(iv)   Abdulkarim s/o
       Amadsab Pendari @ Benni

(v)    Rahisa d/o
       Amadsab Pendari @ Benni

All are r/o c/o S.I. Benni, Court Road,
Ramdurg, Tal. : Ramdurg, Dist. Belgaum.
                                          -           Respondents

      This appeal is filed under Section 54(1) of Land
Acquisition Act, 1894, against the judgment and award
dated 29.11.2010 passed in LAC No.125/2008 on the file of
the Senior Civil Judge, Ramdurg and etc.

In M.F.A. No.22791/2012

Between:

1.     State of Karnataka represented by
       The Deputy Commissioner, Belgaum.

2.     The Assistant Commissioner,
       Bailhongal Sub Division, Bailhongal.
                                                  -    Appellants
(by Smt. Megha C. Kolekar, H.C.G.P.)

and

Saifuddin S/o Vajiruddin Pendari,
R/o c/o S.I. Benni, Court Road,
Ramdurg, Taluk: Ramdurg,
Dist.: Belgaum.
                                              -       Respondent

      This appeal is filed under Section 54(1) of Land
Acquisition Act, 1894, against the judgment and award
dated 29.11.2010 passed in LAC No.126/2008 on the file of
the Senior Civil Judge, Ramdurg and etc.
                               :5:




       These appeals coming on for orders this day, the Court
delivered the following:

                          JUDGMENT

These appeals directed against a common judgment and separate awards passed by the learned Senior Civil Judge at Ramadurg, determining the market value of the acquired propertiy of the respondents at Rs.2,50,000/-per acre and also granting statutory benefits as provided u/S 23,23-1A and 34 of the Land Acquisition Act.

2. For the very same project and under the very same notification, there was acquisition of other lands which became the subject matter of consideration in M.F.A No.23398/2010 and connected cases decided on 29.02.2012. In the said case the determination of market value at Rs.6,000/- per gunta of the acquired land along with all statutory benefits by the Reference Court was held as justified. The appeals filed by the State and the authorities was dismissed on 29.02.2012. :6:

In the instant case, the Reference Court has determining the market value of the acquired lands at Rs.250,000/- per acre. Considering the fact that M.F.A. No.23398/2010 and connected cases filed by the appellants was dismissed on 29.02.2012, following the said judgment, there is no merit in these appeals. Hence the appeals are dismissed with no order as to costs.

Sd/-

JUDGE bvv

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