Cauvery Neeravari Nigam Limited vs Giriyappa and Another

Huluvadi G. Ramesh, J.—The appellant has sought for setting aside the judgment and award passed by the learned Civil Judge (Senior Division), Holenarasipura, in L.A.C. No. 327 of 2005, dated 19-12-2008 and for such other orders. The Special Land Acquisition Officer in respect of acquisition of property i.e., Sy. No. 106 to an extent of 60.67 square meters with a Mangalore tiled house, under the preliminary notification dated 26-8-1999 and final notification dated 21-9-2000 awarded compensation of Rs. 1,42,624/-. On reference, the Reference Court has enhanced the compensation to Rs. 18,02,496/- by order dated 22-4-2006. The same has been challenged before this Court preferring an appeal. This Court by order dated 22-11-2007, remanded the matter to the Reference Court. On remand, the Reference Court awarded compensation of Rs. 6,00,000/-. On the ground that the enhancement is on the higher side, this appeal is filed.

The Division Bench of this Court in M.F.A. No. 2339 of 2009 (Giriyappa v. The Special Land Acquisition Officer, Hemavathi Reservoir Project-II, Hassan and Another 2013 (5) Kar. L.J. 657 (DB)), has confirmed the award passed by the Reference Court at Rs. 6,00,000/-. In that view of the matter, the appeal by the Cauvery Neeravari Nigam Limited does not survive for consideration and the same is disposed of.