11 July 2017
Supreme Court
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B.A. NAIK SINCE DECEASED BY HIS LRS Vs THE STATE OF KARNATAKA THE SPECIAL LAND ACQUISITION OFFICER

Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MRS. JUSTICE R. BANUMATHI
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-008935-008936 / 2017
Diary number: 8076 / 2017
Advocates: SURBHI MEHTA Vs V. N. RAGHUPATHY


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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 8935-36 OF 2017 [@ SPECIAL LEAVE PETITION (C) NOs. 14964-14965 OF 2017 ] [@ SPECIAL LEAVE PETITION (C) CC NOs. 8333-8334 OF 2017 ] B.A. NAIK SINCE DECEASED BY HIS LRS           Petitioner(s)

                               VERSUS THE SPECIAL LAND ACQUISITION OFFICER, UKP,  BILAGI, KARNATAKA ETC.     Respondent(s)

J U D G M E N T KURIAN, J. 1. Leave granted.

2. The appellants are before this Court, aggrieved by the order dated 15.06.2011 in M.F.A.No. 20926 of 2008 and order dated 25.10.2016 in Review Petition No.  100027  of  2016  passed  by  the  High  Court  of Karnataka, Circuit Bench at Dharwad.

3. The issue pertains to the land acquisition.  The appellants were awarded the compensation at the rate of Rs. 5,00,000/- (Rupees Five Lakhs) per acre with statutory benefits.  Though they attempted a review, it was dismissed.

4. In  a  connected  matter  in  respect  of  the  same acquisition,  by  our  Judgment  dated  28.11.2016  in Civil Appeal No. 11359 of 2016 and other connected

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matters, this Court has awarded compensation at the rate of Rs. 6.5 Lakhs per acre along with statutory benefits.

5. Having heard the learned counsel appearing for the State, we find that the appellants before us are also similarly situated persons as the appellants in the disposed of civil appeals referred to above.

6. Accordingly, these appeals are allowed, directing that the appellants herein shall be entitled to the land value fixed at the rate of Rs. 6.5 Lakhs per acre  along  with  statutory  benefits  (including interest).   However,  we  make  it  clear  that  the appellants  shall  not  be  entitled  to  any  statutory benefits in respect of the period of delay, either before this Court or before the High Court, either in appeal or in review.

No costs.    .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; July 11, 2017.