Karnataka Court December 2005 Judgments

Sushila Siddana Khade and ors. Vs. the Assistant Commissioner, Belgaum ...

Court: Karnataka

Reported in: ILR2006KAR724

N.K. Patil, J.1. This appeal by claimants-appellants, is directed against the judgment and award dated 9* August 2004 in LAC No. 92/2001 on the file of the Civil Judge, (Senior Division), Hukkeri at Hukkeri, on the ground that, the reference application filed by claimants-appellants have been rejected by Reference Court, confirming the award passed by Land Acquisition Officer.2. Land bearing R.S. No. 193/2 measuring 33 guntas situate at Kamatnur Village, Hukkeri Taluk, Belgaum District, has been notified and acquired by Government through the respondent herein vide its preliminary Notification issued under Section 4(1) of the Land Acquisition Act dated 20th August 1992 for the purpose of irrigation'. The Land Acquisition Officer, after taking all relevant factors into consideration, by classifying the land in question as 'dry land', has fixed the market value of the land in question at the rate of Rs. 16,000, per acre by his award dated 28th March 1995. Not being satisfied with the awa...

Hariba (Deceased) by L.Rs. Vs. Land Tribunal and ors.

Court: Karnataka

Reported in: 2006(1)KarLJ511

ORDERN.K. Patil, J.1. Petitioner in first revision petition, Sri Hariba, since deceased, is represented by his legal representatives. The said deceased Hariba, questioning the legality and validity of the order passed by the District Land Reforms Appellate Authority, Bidar, dated 29th March, 1989 in Proceedings No. DALT BDR 35/86-87, reversing the order of the Land Tribunal, Basavakalyan in proceedings No. TBK LRM.CR. 1975-76/9/475, dated 1st June, 1987, has presented the instant L.R.R.P. No. 3033 of 1989.2. Petitioner in second revision petition Sri Dhulappa, since deceased is also represented by his legal representatives. The said Dhulappa, questioning the legality and validity of the order dated 29th March, 1989 is proceedings No. DALT BDR 35/86-87 on the file of the District Land Reforms Appellate Authority, Bidar, confirming the order dated 1st June, 1987 in proceedings No. TBK/LRM/CR/1975-76/9/475 on the file of the Land Tribunal, Basavakalyan, but so far as it relates to rejecti...

Sri. Patel B. Sundara Shetty S/O Late Patel B. Venkanna Shetty Vs. Jar ...

Court: Karnataka

Reported in: 2006(5)KarLJ285

ORDERK. Ramanna, J.1. This writ petition is filed by the petitioner-Patel B. Sundara Shetty, s/o late Patel Venkanna, against the order dated 25.6.1977 passed by respondent No. 2 the Land Tribunal, Mangalore, in case No. LRT(2)2775/76-77 at Annexure-'F' to confer the occupancy rights in respect of several items among the land bearing Sy.No. 40/15B measuring 25 cents and Sy.No. 40/21 measuring 43 cento of Baikampady village of Mangalore Taluk. The main ground urged by the petitioner is that the 2 items of the aforesaid lands situated at Baikampady village in Mangalore Taluk purchased under a registered sale dead on 26.12.1958 from its previous owner. Ever since from the date of purchase, he is in possession of the said 2 items of the land. But the deceased respondent No. 1 had filed form No. 7 claiming several items of the property. But, respondent No. 1 has not filed Form No. 7 before the 2nd respondent for grant of the occupancy rights in respect of the aforesaid 2 items of land. Even...

H.M.T. Watches Limited Vs. Gopala Bhatta and anr.

Court: Karnataka

N.K. Patil, J.1. These appeals are directed against the common judgment and award dated 29-1-2002 in LAC Nos. 31/89, 3/87, 125/81, 15/86, 129/81, 127/81, 11/86 and 9/86 respectively on the file of the Principal Civil Judge (Senior Division) and Chief Judicial Magistrate, Tumkur only insofar as it relates to awarding additional amount at 12% per annum on the enhanced market value under Section 23(1-A) of the Land Acquisition Act, 1894 from the date of preliminary notification to the date of award or the date of taking possession, whichever is earlier. 2. The appellant is the beneficiary of the acquisition initiated by the State for the purpose of Karnataka Industrial Areas Development Board vide preliminary notification dated 1-12-1977 issued by the Competent Authority. The Land Acquisition Officer, by taking into consideration all the relevant factors, has passed the award. Not being satisfied with the said award, the claimants-respondents herein filed applications under Section 18(1) ...