High CourtsSingle Bench(2013) 01 KAR CK 0107

Shambulingappa vs The Special Land Acquisition Officer, M and MIP Room No. 7 Mini Vidhanasoudha Gulbarga

Karnataka High Court · Decided on 17 January 2013

HON’BLE JUDGES
Mohan Shantanagoudar, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Second Appeal No. 675 of 2011

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Judgment

4 paragraphs · 174 words

Mohan Shantanagoudar, J.—It is not in dispute that the question involved in this appeal is fully covered by the judgment dated 05.12.2012 passed in MSA No. 677/2011. In the said matter, this Court has enhanced the compensation to Rs. 1,15,086/- per acre in respect of dry land. The judgment passed in MSA No. 677/2011 was entirely based on the judgment passed by this Court in MFA No. 7498/2006 (LAC), wherein this Court had quantified the compensation of Rs. 1,15,086/- in respect of dry lands, which were acquired in Mallamoori project under the very acquisition notification. Therefore, the appellant is entitled to the very compensation of Rs. 1,15,086/-. Accordingly, the following order is made:

ORDER

The appeal is allowed in part with costs. The appellant/claimant is entitled to compensation of Rs. 1,15,086/- per acre in respect of the land in question, since it is a dry land. The award made by the Reference Court is modified accordingly.

It is needless to observe that the claimant is entitled to all the statutory benefits including the interest.