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B.A. Naik (since deceased by his LRS.) Vs. The Special Land Acquisition Officer, UKP, Bilagi, Karnataka etc.

[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]

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 2 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.


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