SRI CHANDRASHEKAR v. THE SPECIAL LAND ACQUISITION OFFICER
MSA/103/2023 · 2025-09-17
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72090 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72090 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37752 MSA No. 103 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 103 OF 2023 (LA) BETWEEN:
SRI. CHANDRASHEKAR S/O LATE CHIIKKAMUNIYAPPA AGED ABOUT 48 YEARS, R/O SIRIVARA VILLAGE, HEBBUR HOBLI, TUMKUR TQ AND DIST. - 572 120. …APPELLANT (BY SRI. MOHAN KUMAR T, ADVOCATE) AND:
1.
THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL ZONE TUMAKURU - 572 101.
2.
THE CHIEF ENGINEER HEMAVATHI CANAL ZONE TUMAKURU - 572 101. …RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI, AGA FOR R1;
SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2)
THIS MSA IS FILED UNDER SEC.54(2) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.10.2019 PASSED IN RA NO.198/2018 ON THE FILE Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37752 MSA No. 103 of 2023 OF VII ADDITIONAL DISTRICT JUDGE, TUMAKURU DISMISSED THE APPEAL AND FILED AGAINST THE JUDGMENT AND AWARD DATED 12.02.2016 PASSED IN LAC NO.112/1999 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU., PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18 OF LAND ACQUISITION ACT FOR ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri. Mohan Kumar T. learned counsel for the appellant and Sri. K.S. Bheemaiah and Sri. Gopala Krishna Soodi, learned Additional Government Advocate.
2. After addressing the
arguments for a considerable length of time, parties have filed a joint memo which reads as under:
" The Respondent No.1 on her behalf and also on behalf of the beneficiary of the land in the above Appeal herein most respectfully submits that, the Appellant herein and the Special Land Acquisition Officer and
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HC-KAR NC: 2025:KHC:37752 MSA No. 103 of 2023 officials of the Respondent No.2 herein and their respective their respective Counsels had discussion and deliberations during the National Lokadalath which was held on 13.09.2025, regarding settlement of compensation to the Appellant herein, however, the same was not settled on that day. Now, today the above Appeal is listed today before this Hon'ble Court and after hearing argument, this Hon'ble Court was pleased to suggest the parties to settle the matter amicably. Accordingly, the Respondent No.2 herein has decided to pay Rs.22,000/- per gunta to the Appellant land acquired for the Hemavathy Project. Wherefore, the Respondent No.2 herein most respectfully prays that this Hon'ble Court mya be pleased to record this memo and pass Judgment and Award, however, this Hon'ble Court may put a rider that, this
Judgment and Award going to be passed by this Hon'ble Corut shall not be a precedent for other cases in future, and further requesting this Hon'ble Court to restrict the payment only to the land and not to the Trees and malkies, in the interest of justice and equity."
3. Placing the joint memo on record, appeal can be disposed of by observing that the judgment rendered in this appeal based on the consent joint memo shall not act as a precedent for the similarly placed claimants.
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HC-KAR NC: 2025:KHC:37752 MSA No. 103 of 2023
4. Hence, following :
ORDER Appeal stand disposed of in terms of a joint memo. Office is directed to pass modified award in terms of the joint memo appending the copy of the joint memo as part of the award. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 31 CT: BHK