Case Note & Summary
The Karnataka Power Transmission Corporation Ltd. (KPTCL) appealed against the judgment and award dated 23.11.2011 passed by the IV Additional Senior Civil Judge & JMFC, Mysore, in LAC No. 243/2010, which partly allowed the reference petition for enhanced compensation for land acquisition. The appellant was represented by Sri. Ajith Anand Shetty, while respondents 1-3 were represented by Sri. C.M. Jagadeesh and Sri. Veerabhadra Swamy H.P., and respondent 4 (the Assistant Commissioner and Land Acquisition Officer) by Sri. Vasanth V Fernandes, HCGP. The High Court, comprising Justice A.S. Bopanna and Justice Sreenivas Harish Kumar, noted that similar contentions had been raised in other appeals (MFA No. 10203/2013 and MFA No. 11710/2012) where the court had set aside the awards and remitted the matters for reconsideration. Since the present appeal involved similar issues, the court found it appropriate to follow the same course. Accordingly, the judgment dated 23.11.2011 was set aside, and the matter was remitted to the Reference Court to restore LAC No. 243/2010 and reconsider it afresh expeditiously. The parties were directed to appear before the court below on 23.10.2018.
Headnote
A) Land Acquisition - Compensation - Remand - Land Acquisition Act, 1894, Section 54(1) - The appellant challenged the Reference Court's award enhancing compensation. The High Court noted that similar appeals involving the same appellant had been remanded for reconsideration. Since the contentions were similar, the court set aside the impugned judgment and remitted the matter to the Reference Court for fresh consideration, directing the parties to appear on 23.10.2018. (Paras 2-4)
Issue of Consideration
Whether the judgment of the Reference Court awarding enhanced compensation should be set aside and remitted for fresh consideration in light of similar appeals being remanded.
Final Decision
The judgment dated 23.11.2011 in LAC No. 243/2010 is set aside. The matter is remitted to the Reference Court to restore LAC No. 243/2010 and reconsider the matter afresh in an expeditious manner. Parties to appear before the court below on 23.10.2018.
Law Points
- Remand
- Land Acquisition
- Compensation
- Reference Court
- Reconsideration
Case Details
2018 LawText (KAR) (09) 21
MFA No. 6526 of 2013 (LAC)
A.S. Bopanna, Sreenivas Harish Kumar
Ajith Anand Shetty, C.M. Jagadeesh, Veerabhadra Swamy H.P., Vasanth V Fernandes
Karnataka Power Transmission Corporation Ltd.
M. Rajashekar, H.M. Ravishankar, H.M. Mahesh, The Assistant Commissioner and Land Acquisition Officer
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Nature of Litigation
Appeal against judgment and award of Reference Court in land acquisition compensation matter.
Remedy Sought
Appellant sought to set aside the judgment and award of the Reference Court granting enhanced compensation.
Filing Reason
Appellant challenged the Reference Court's award partly allowing the reference petition for enhanced compensation.
Previous Decisions
Reference Court partly allowed the reference petition for enhanced compensation on 23.11.2011 in LAC No. 243/2010.
Issues
Whether the judgment of the Reference Court should be set aside and remitted for fresh consideration in light of similar appeals being remanded.
Submissions/Arguments
Appellant urged contentions similar to those in MFA No. 10203/2013 and MFA No. 11710/2012, where the court had remanded the matters.
Ratio Decidendi
Since similar contentions were urged in this appeal as in other appeals where the court had set aside the awards and remitted the matters for reconsideration, a similar consideration is necessary. Hence, the impugned judgment is set aside and the matter is remitted.
Judgment Excerpts
Since similar contentions are urged in this appeal, a similar consideration is necessary.
Accordingly, the judgment dated 23.11.2011 in LAC No. 243/2010 is set aside.
The matter is remitted to the Reference Court to restore LAC No. 243/2010 and reconsider the matter afresh in an expeditious manner.
Procedural History
The Reference Court passed judgment and award on 23.11.2011 in LAC No. 243/2010 partly allowing the reference petition for enhanced compensation. The appellant filed MFA No. 6526/2013 under Section 54(1) of the Land Acquisition Act, 1894. The High Court, noting similar appeals had been remanded, set aside the judgment and remitted the matter for fresh consideration on 24.09.2018.
Acts & Sections
- Land Acquisition Act, 1894: 54(1)
