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In the High Court of Karnataka at Bangalore

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In the High Court of Karnataka at Bangalore 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10 TH DAY OF DECEMBER 2014 PRESENT THE HON’BLE MR.JUSTICE K.L.MANJUNATH AND THE HON’BLE MR.JUSTICE RAVI MALIMATH M.F.A.NO.6255 OF 2011 C/W MFA NOS. 6257/2011, 6254/2011, & MFA NOS.3541/2012, 3542/2012 & 3543/2012(LAC) IN M.F.A.NO.6255/2011: BETWEEN: SMT. VIJAYALAKSHMI P. HEGDE W/O DR. K.P.K. HEGDE AGED ABOUT 44 YEARS R/AT IDYA MELMANE, SURATHKAL., MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574 158 ... APPELLANT (BY SRI PAVANA CHANDRA SHETTY H, ADV.,) AND 1. THE SPECIAL LAND ACQUISITION OFFICER M.S.T.P.P., MULKI, 2 MANGALORE TALUK, DAKSHINA KANNADA DISTRICT PIN-574 154 2. M/S KONKANA RAILWAY CORPORATION REP BY ITS CHIEF ENGINEER UDUPI RAILWAY STATION,INDRALI, UDUPI TALUK AND DISTRICT PIN-576101 ... RESPONDENTS (BY SRI.VASANTH V FERNANDES, HCGP FOR R1, SRI. MADHUSUDHAN R NAIK, SR. COUNSEL A/W SRI. OMKAR KAMBI, ADV., FOR M/S. NAIK AND NAIK LAW FIRM, ADVS., FOR R2) THIS MFA IS FILED U/S 54 OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED:25.02.2011 PASSED IN LAC NO.65/1992 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, JMFC, MANGALORE, D.K., PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION. IN MFA NO. 6257/2011: BETWEEN: SMT. VIJAYALAKSHMI P. HEGDE W/O DR. K.P.K. HEGDE AGED ABOUT 44 YEARS R/AT IDYA MELMANE, SURATHKAL., MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574 158 ... APPELLANT (BY SRI PAVANA CHANDRA SHETTY H, ADV.,) 3 AND 1. THE SPECIAL LAND ACQUISITION OFFICER M.S.T.P.P., MULKI, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT PIN-574 154 2. M/S KONKANA RAILWAY CORPORATION REP BY ITS CHIEF ENGINEER UDUPI RAILWAY STATION,INDRALI, UDUPI TALUK AND DISTRICT PIN-574 154 ... RESPONDENTS ((BY SRI.VASANTH V FERNANDES, HCGP FOR R1, SRI. MADHUSUDHAN R NAIK, SR. COUNSEL A/W SRI. OMKAR KAMBI, ADV., FOR M/S. NAIK AND NAIK LAW FIRM, ADVS., FOR R2) THIS MFA IS FILED U/S 54 OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED:25.02.2011 PASSED IN LAC NO.75/1992 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, JMFC, MANGALORE, D.K., PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION. IN MFA NO.6254/2011 BETWEEN: SMT. VIJAYALAKSHMI P. HEGDE W/O DR. K.P.K. HEGDE 4 AGED ABOUT 44 YEARS R/AT IDYA MELMANE, SURATHKAL., MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574 158 ... APPELLANT (BY SRI PAVANA CHANDRA SHETTY H, ADV.,) AND 1. THE SPECIAL LAND ACQUISITION OFFICER M.S.T.P.P., MULKI, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT PIN-574 154 2. M/S KONKANA RAILWAY CORPORATION REP BY ITS CHIEF ENGINEER UDUPI RAILWAY STATION,INDRALI, UDUPI TALUK AND DISTRICT PIN-576 101 ... RESPONDENTS (BY SRI.VASANTH V FERNANDES, HCGP FOR R1, SRI. MADHUSUDHAN R NAIK, SR. COUNSEL A/W SRI. OMKAR KAMBI, ADV., FOR M/S. NAIK AND NAIK LAW FIRM, ADVS., FOR R2) THIS MFA IS FILED U/S 54 OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED:25.02.2011 PASSED IN LAC NO.66/1993 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, JMFC, MANGALORE, DAKSHINA KANNADA, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED 5 COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION. IN MFA NO. 3541/2012 BETWEEN: M/S KONKAN RAILWAY CORPORATION LTD., HEAD OFFICE AT BELAPUR BHAVAN BELAPUR CBD, NEW BOMBAY REP BY ITS CHIEF ENGINEER IN THE PRESENT APPEAL REP BY ITS SENIOR REGIONAL ENGINEER HAVING ITS REGIONAL OFFICE AT SHIRWAD, KARWAR - 581306 ... APPELLANT (BY SRI.MADHUSUDHAN R NAIK, SENIOR COUNSEL A/W SRI. OMKAR KAMBI, ADV. FOR M/S NAIK AND NAIK LAW FIRM, ADVS.,) AND 1. THIMMAYYA SHETTY S/O LATE KITTU SHETTY AGED MAJOR R/AT IDYA MELMANE 1801, EVENT HEIGHT LAKE HOME POWAI, MUMBAI 2. KAMALA SHEDTI (SINCE DEAD) IDDYA VILLAGE, SURATHKAL POST, MANGALORE BY HER LR SUDHIR @ SUDHAKAR SHETTY 6 3. AMBA SHETTY W/O SHIVARAMA SHETTY C/O KOTEPRASAD ALUS D.NO. 4-3-318, KODIALGUTHU ROAD KODIALBAIL, MANGALORE-03 4. THE LAND ACQUISTION OFFICER MANGALORE SUPER THERMAL POWER PROJECT MULKI ... RESPONDENTS (BY SRI H. PAVANA CHANDRA SHETTY, ADV., FOR SRI. SANDESH SHETTY, ADV., FOR R1- R3 SRI. VASANTH V. FERNANDEZ, HCGP, FOR R4) THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT 1894, PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE ORDER DATED 25.02.2011 PASSED IN LAC NO.76/92 ALLOWING THE APPLICATION IN REFERENCE NO.LAQ SR 14/90-91 ON THE FILE OF THE III ADDL SENIOR CIVIL JUDGE AT MANGALORE AND SET ASIDE THE JUDGMENT AND AWARD DATED 25.02.2011 PASSED IN LAC NO.76/1992 ALLOWING THE APPLICATION FOR REFERENCE IN NO.LAQ SR 14/90-91. IN MFA NO.3542/2012 BETWEEN: M/S KONKAN RAILWAY CORPORATION LTD., HEAD OFFICE AT BELAPUR BHAVAN BELAPUR CBD, NEW BOMBAY REP BY ITS CHIEF ENGINEER 7 IN THE PRESENT APPEAL REP BY ITS SENIOR REGIONAL ENGINEER HAVING ITS REGIONAL OFFICE AT SHIRWAD, KARWAR – 581 306 EARLIER REPRESENTED IN COURT BELOW: M/S. KONKAN RAILWAY CORPORATION LTD REPRESENTED BY ITS CHIEF ENGINEER SRI. RICHARDSON ASIR UDUP RAILWAY STATION INDRALI, UDUPI ... APPELLANT (BY SRI.MADHUSUDHAN R NAIK, SENIOR COUNSEL A/W SRI. OMKAR KAMBI, ADV. FOR M/S NAIK AND NAIK LAW FIRM, ADVS.,) AND 1. SMT. VIJAYLAKSHMI P HEDGE W/O DR.K.PRASANNA KUMAR HEDGE AGED ABOUT RESIDING AT: IDYA MELMANE, SURATHKAL MANGALROE TALUK DAKSHINA KANNADA-574-158 2. THE LAND ACQUISITION OFFICER MANGALORE SUPER THERMAL POWER PROJECT, MULKI DAKSHINA KANNADA-574158 ... RESPONDENTS 8 (BY:SRI. PAVANA CHANDRA SHETTY, ADV., FOR R1, SRI. VASANTH V. FERNANDEZ., HCGP, FOR R2) THIS MFA IS FILED UNDER SECTION 54 OF THE LAND ACQUISITION ACT 1894 PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE ORDER DATED 25.02.2011 PASSED IN LAC NO.65/92 ALLOWING THE APPLICATION IN REFERENCE NO. LAQ SR 14/90-91 ON THE FILE OF THE III ADDL SENIOR CIVIL JUDGE AT MANGALORE AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 25.02.2011 PASSED IN LAC NO.65/92 ALLOWING THE APPLCIAITON FOR REFERENCE IN NO.LAQ SR 14/90-91. IN MFA NO.3543/2012: BETWEEN: M/S KONKAN RAILWAY CORPORATION LTD., HEAD OFFICE AT BELAPUR BHAVAN BELAPUR CBD, NEW BOMBAY REP BY ITS CHIEF ENGINEER IN THE PRESENT APPEAL REP BY ITS SENIOR REGIONAL ENGINEER HAVING ITS REGIONAL OFFICE AT SHIRWAD, KARWAR – 581 306 ... APPELLANT (BY SRI.MADHUSUDHAN R NAIK, SENIOR COUNSEL A/W SRI. OMKAR KAMBI, ADV. FOR M/S NAIK AND NAIK LAW FIRM, ADVS.,) LAW FIRM, ADVS.,) 9 AND 1. SMT. SEETHA B SHETTY (SINCE DEAD) W/O B M SHETTY AGED ABOUT 60 YEARS, R/A IDYA MELMANE, SURATHKAL MANGALORE DAKSHINA KANNADA-574 158 REPRESENTED BY HER LEGAL REPRESENTATIVE VIJAYALAKSHMI P HEGDE W/O DR.K PRASANNA KUMAR HEGDE, AGED ABOUT 55 YEARS, R/A IDYA MELMANE, SURATHKAL, MANGALORE TALUK DAKSHINA KANNADA -574 158 2. THE LAND ACQUISITION OFFICER MANGALORE SUPER THERMAL POWER PROJECT, MULKI ... RESPONDENTS (BY: SRI. PAVANA CHANDRA SHETTY, ADV., FOR R1, SRI. VASANTH V. FERNANDEZ., HCGP, FOR R2) THIS MFA IS FILED UNDER SECTION 54 OF THE LAND ACQUISITION ACT 1894, CALL FOR THE RECORDS PERTAINING TO THE ORDER DATED 25.02.2011 PASSED IN LAC NO.75/1992 ALLOWING THE APPLICATION IN REFERENCE NO. LAQ SR 14/90- 91 ON THE FILE OF THE III ADDL SENIOR CIVIL JUDGE AT MANGALORE AND SET ASIDE THE JUDGEMTN AND AWARD DATED 25.02.2011 PASSED 10 IN LAC NO.75/1992 ALLOWING THE APPLCIAITON FOR REFERENCE IN NO.LAQ SR 14/90-91. THESE MFAs COMING ON FOR ADMISSION THIS DAY, K.L.MANJUNATH J., DELIVERED THE FOLLOWING:- JUDGMENT MFA Nos. 6255/2011, 6254/2011 and 6257/2011 are filed by the claimants being not satisfied with the determination of the market value by the III Additional Senior Judge, Mangalore Taluk, D.K., in LAC No.65/1992 and connected matter dated 25.02.2011. MFA Nos. 3541/2012, 3542/2012 and 3543/2012 are filed by the beneficiary, M/s. Konkana Railway Corporation, challenging the same judgment and award contending that the determination of the market value of the Reference Court is on higher side. Therefore, all these matters are heard together. 2. Different extents of land in Iddya Village, Hosabettu Village, Chelairu Village and Kulai Village were notified for acquisition for the formation of Konkan 11 Railway lane. An award came to be passed by the Land Acquisition Officer determining the market value at Rs.Two Lakhs per acre for the wet land and Rs.One Lakh Eighty Thousand for the dry and land. Being not satisfied with the same, on the request of the land losers, the matters were referred to the Reference Court under Section 18 of the Land Acquisition Act, for determination of the market value. 3. Before the Reference Court, in all, 5 witnesses have been examined on behalf of the land losers and in LAC 65/92, they have been relied upon Exs. P1 to P24, in LAC 75/92 claimants have relied upon Exs. P25 to P41, in LAC 76/92, the claimants have relied upon Ex. P1 to P4 and claimants in LAC No.86/92 the have relied upon Exs. P1 to P4 and claimants in LAC 51/92 have relied upon Ex. P1 original partition deed dated 26.07.2001. On behalf of 12 the Land Acquisition Officer or the Beneficiary, no evidence was let in.
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