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The Indian Penal Code
Section 28 in The Land Acquisition Act, 1894

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Karnataka High Court
Shankarappa S/O Saibanna vs The Special Land Acquisition ... on 9 April, 2013
Author: Huluvadi G.Ramesh
                                1




             IN THE HIGH COURT OF KARNATAKA
                CIRCUIT BENCH AT GULBARGA

          DATED THIS THE 9TH DAY OF APRIL, 2013

                            BEFORE

      THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH

 MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC)
                              C/W
      MISCELLANEOUS SECOND APPEAL Nos.1032, 1034,
     1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND
                     1033 OF 2013 (LAC)

MSA NO.1031/2013:
BETWEEN

TIPPANNA S/O. NINGAPPA
DIED BY LRs.,
AMBRESH S/O. TIPPANNA
AGE: 30 YEARS, OCC. AGRICULTURE
R/O NIDAGUNDA TQ CHINCHOLI
DIST. GULBARGA.
                                                  ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)

AND

1.     THE SPECIAL LAND ACQUISITION OFFICER
       MI & MIP, GULBARGA-585102.

2.     THE EXECUTIVE ENGINEER
       I.D., IPC, DIV. NO.3, SULEPETH-585324
       TQ. CHINCHOLI, DIST. GULBARGA.
                                               ... RESPONDENTS
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)
                                 2




     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA
NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO.
230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.

MSA NO.1032/2013:
BETWEEN

SHANKARAPPA S/O SAIBANNA
AGE: 52 YEARS, OCC. AGRICULTURE,
R/O NIDAGUNDA-585320,
TQ CHINCHOLI, DIST. GULBARGA.
                                                ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER
      MI & MIP, GULBARGA-585102.

3.    THE EXECUTIVE ENGINEER
      I.D. IPC, DIV. NO.3, SULEPETH-585324
      TQ. CHINCHOLI, DIST. GULBARGA.
                                             ... RESPONDENTS
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA
NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO.
233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.
                                 3




MSA NO.1034/2013:
BETWEEN

1.    CHANNAPPA S/O BASSAPPA
      AGE: 64 YEARS, OCC: AGRICULTURE,

2.    SAYAPPA S/O BASSAPPA,
      AGE: 61 YEARS, OCC: AGRICULTURE,

3.    SIDDAPPA S/O BASSAPPA
      AGE: 58 YEARS, OCC: AGRICULTURE,

ALL ARE R/O NIDAGUNDA-585320,
TQ. CHINCHOLI, DIST. GULBARGA.
                                             ... APPELLANTS
(BY SRI. A. M. BIRADAR, ADV.)

AND

1. THE SPECIAL LAND ACQUISITION OFFICER
    MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER
    I.D. IPC, DIV. NO.3, SULEPETH-585324
   TQ. CHINCHOLI, DIST. GULBARGA.
                                           ... RESPONDENTS
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA
NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO.
316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.
                                 4




MSA NO.1035/2013:
BETWEEN

BASSAPPA S/O RUDRAPPA
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O KEROLLI, TQ. CHINCHOLI,
DIST. GULBARGA.
                                              ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)

AND

THE SPECIAL LAND ACQUISITION OFFICER
MI & MIP, GULBARGA-585102.

                                           ... RESPONDENTS
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA
NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO.
210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.

MSA NO.1036/2013:
BETWEEN

MALLAPPA S/O BEERAPPA
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O KEROLLI, TQ CHINCHOLI
DIST. GULBARGA.
                                              ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)
                                 5




AND

THE SPECIAL LAND ACQUISITION OFFICER
MI & MIP, GULBARGA-585102.

                                           ... RESPONDENT
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA
NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO.
211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.

MSA NO.1037/2013:
BETWEEN

SUBHADRAMMA W/O BHIMASHAPPA
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O KEROLLI, TQ CHINCHOLI
DIST. GULBARGA.
                                             ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)


AND

THE SPECIAL LAND ACQUISITION OFFICER
MI & MIP, GULBARGA-585102.

                                           ... RESPONDENT
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA
NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
                                 6




GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO.
212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.

MSA NO.1038/2013:
BETWEEN

MAHADEVI W/O BASAWANAPPA
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O KEROLLI, TQ CHINCHOLI
DIST. GULBARGA.
                                              ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)

AND

THE SPECIAL LAND ACQUISITION OFFICER
MI & MIP, GULBARGA-585102.

                                            ... RESPONDENT
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

      THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO.
58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA,
WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND
AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE
FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:
BETWEEN

SANGAMMA W/O BASAVANTRAYA
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O CHIMMAIDALAI-585307,
TQ CHINCHOLI DIST. GULBARGA.
                                              ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)
                                 7




AND

1. THE EXECUTIVE ENGINEER,
   I.D., I.P.C. DIVISION NO.3,
   SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER
   M & M.I.P., GULBARGA-585102.

                                           ... RESPONDENT
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA
NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO.
110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.

MSA NO.1040/2013:
BETWEEN

BASSAMMA W/O NAGAPPA
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O CHIMMAIDALAI,
TQ CHINCHOLI, DIST. GULBARGA.
                                             ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)

AND

THE SPECIAL LAND ACQUISITION OFFICER
MI & MIP, GULBARGA-585102.

                                           ... RESPONDENT
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)
                                 8




     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA
NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO.
227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.

MSA NO.1041/2013:
BETWEEN

SANGAMMA W/O BASAVANTRAYA
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O CHIMMAIDALAI-585307,
TQ CHINCHOLI, DIST. GULBARGA.
                                             ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)

AND

THE SPECIAL LAND ACQUISITION OFFICER
MI & MIP, GULBARGA-585102.

                                           ... RESPONDENT
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

      THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA
NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO.
228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.
                                 9




MSA NO.1042/2013:
BETWEEN

BASSAMMA W/O NAGAPPA
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O CHIMMAIDALAI-585307,
TQ CHINCHOLI, DIST. GULBARGA.
                                             ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)

AND

THE SPECIAL LAND ACQUISITION OFFICER
MI & MIP, GULBARGA-585102.

                                           ... RESPONDENT
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA
NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO.
229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN

BASSAMMA W/O SHANKARAPPA
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O NIDAGUNDA-585320,
TQ CHINCHOLI, DIST. GULBARGA.

                                             ... APPELLANT
(BY SRI. A. M. BIRADAR, ADV.)
                               10




AND

1. THE SPECIAL LAND ACQUISITION OFFICER
   MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER,
   ID, IPC, DIV. NO.3, SULEPETH-585324,
   TQ. CHINCHOLI, DIST. GULBARGA.

                                                ... RESPONDENT
(BY SRI. S. K. BABSHETTY, GOVT. PLEADER)

     THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA
NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT
GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE
JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO.
309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
SEDAM WAS CONFIRMED.

      THESE MSAs COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-


                         JUDGMENT

Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

9

MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

12

3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

3

MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

4

MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 56/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 211/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1037/2013:

BETWEEN SUBHADRAMMA W/O BHIMASHAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 57/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT 6 GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 212/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1038/2013:

BETWEEN MAHADEVI W/O BASAWANAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 58/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 324/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1039/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 7 AND

1. THE EXECUTIVE ENGINEER, I.D., I.P.C. DIVISION NO.3, SULEPETH-585324, TQ. CHINCHOLI.

2. THE SPECIAL LAND ACQUISITION OFFICER M & M.I.P., GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 73/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 01.08.2005 PASSED IN LAC NO. 110/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1040/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 8 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN LACA NO. 12/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 227/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1041/2013:

BETWEEN SANGAMMA W/O BASAVANTRAYA AGE: 62 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2011 PASSED IN LACA NO. 13/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 228/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

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MSA NO.1042/2013:

BETWEEN BASSAMMA W/O NAGAPPA AGE: 60 YEARS, OCC: AGRICULTURE, R/O CHIMMAIDALAI-585307, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.08.2011 PASSED IN LACA NO. 14/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 04.08.2003 PASSED IN LAC NO. 229/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1033/2013:

BETWEEN BASSAMMA W/O SHANKARAPPA AGE: 58 YEARS, OCC: AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 10 AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER, ID, IPC, DIV. NO.3, SULEPETH-585324, TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENT (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 77/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 309/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

THESE MSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT Heard the counsel for the appellants and the Government Pleader.

2. These appeals are filed after lapse of several days as indicated in these appeals. It appears with regard to acquisition of property for Lower Mullamari Project, the Land 11 Acquisition Officer awarded Rs.17,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013, 1042/2013, 1033/2013, 1041/2013 and 1040/2013, Rs.15,000/- per acre for dry land in MSA Nos.1035/2013, 1036/2013, 1037/2013, 1038/2013 and Rs.32,250/- per acre for irrigated land in MSA No.1039/2013. On reference, the Reference Court awarded Rs.38,000/- per acre for dry land in MSA Nos.1031/2013, 1032/2013, 1034/2013 and 1033/2013, Rs.36,000/- per acre for dry land in MSA No.1040/2013, 1041/2013 and 1042/2013, Rs.43,300/- per acre for dry land in MSA No.1035 to 1038 of 2013 and Rs.75,600/- per acre for irrigated land in MSA No.1039/2013, as against which seeking for enhancement of compensation, the claimants moved the first appellate Court relying upon the decision of this Court to enhance the compensation from Rs.38,000/- per acre to Rs.91,000/- per acre. It appears, mainly on the ground of delay, the first appellate Court rejected the claim of the appellants. In these cases, there is a delay of 461 days to 1041 days.

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3. Submission of the learned counsel for the appellants is that as per Section 28 (A) of the Land Acquisition Act, claimants are entitled for compensation irrespective of the fact that they moved the Court or not and they can very well move before the acquisition authority. It is submitted by the counsel for the appellants, in the interest of substantial justice, delay has to be condoned to advance justice and matter has to be remitted back for re-consideration for enhancement of compensation.

4. The learned Government Pleader submitted that the claimants are not entitled for interest for the delay period.

However, the delay has not been properly explained by the claimants before the lower appellate Court.

5. The delay in each of these appeals has been condoned subject to the condition that the claimants would not be entitled for interest for the period of delay on the 13 enhanced compensation and also will not be entitled for additional benefits.

6. So far as, the additional benefits to be granted during delay period, it would be decided by the first appellate Court whether the claimants are entitled for additional benefits or not for the delay period apart from denying the interest for the delay period. With the above observations, these appeals are allowed in part. The delay in preferring these appeals are condoned as noted above. It is for the lower appellate court to take note of the situation in awarding the additional benefits and interest for the delay period and also as to whether the claimants could be awarded enhanced rate or not etc. sd/-

JUDGE nsp 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 9TH DAY OF APRIL, 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH MISCELLANEOUS SECOND APPEAL NO.1031/2013 (LAC) C/W MISCELLANEOUS SECOND APPEAL Nos.1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042 AND 1033 OF 2013 (LAC) MSA NO.1031/2013:

BETWEEN TIPPANNA S/O. NINGAPPA DIED BY LRs., AMBRESH S/O. TIPPANNA AGE: 30 YEARS, OCC. AGRICULTURE R/O NIDAGUNDA TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D., IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) 2 THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 75/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 230/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1032/2013:

BETWEEN SHANKARAPPA S/O SAIBANNA AGE: 52 YEARS, OCC. AGRICULTURE, R/O NIDAGUNDA-585320, TQ CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

3. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 76/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 233/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

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MSA NO.1034/2013:

BETWEEN

1. CHANNAPPA S/O BASSAPPA AGE: 64 YEARS, OCC: AGRICULTURE,

2. SAYAPPA S/O BASSAPPA, AGE: 61 YEARS, OCC: AGRICULTURE,

3. SIDDAPPA S/O BASSAPPA AGE: 58 YEARS, OCC: AGRICULTURE, ALL ARE R/O NIDAGUNDA-585320, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANTS (BY SRI. A. M. BIRADAR, ADV.) AND

1. THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

2. THE EXECUTIVE ENGINEER I.D. IPC, DIV. NO.3, SULEPETH-585324 TQ. CHINCHOLI, DIST. GULBARGA.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.08.2011 PASSED IN LACA NO. 78/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 17.03.2004 PASSED IN LAC NO. 316/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

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MSA NO.1035/2013:

BETWEEN BASSAPPA S/O RUDRAPPA AGE: 67 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ. CHINCHOLI, DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) AND THE SPECIAL LAND ACQUISITION OFFICER MI & MIP, GULBARGA-585102.

... RESPONDENTS (BY SRI. S. K. BABSHETTY, GOVT. PLEADER) THIS MSA FILED U/S. 54(2) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2011 PASSED IN LACA NO. 55/2011 ON THE FILE OF THE IV ADDL. DIST. JUDGE AT GULBARGA, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND AWARD DATED 23.02.2004 PASSED IN LAC NO. 210/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT SEDAM WAS CONFIRMED.

MSA NO.1036/2013:

BETWEEN MALLAPPA S/O BEERAPPA AGE: 57 YEARS, OCC: AGRICULTURE, R/O KEROLLI, TQ CHINCHOLI DIST. GULBARGA.

... APPELLANT (BY SRI. A. M. BIRADAR, ADV.) 5 AND THE SPECIAL LAND ACQUISIT