Monday, June 9, 2014

Karnataka HC Order in MFA filed u/s 54(1) of LAQAct against Kumta Civil Judge Sr Divn Order in LAC no.234-2006

http://indiankanoon.org/doc/92775804/

Karnataka High Court
The Spl. Land Acquisition ... vs Ganu Pattu Padti, on 3 July, 2012
Author: Ram Mohan Reddy
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD

DATED THIS THE 3RD DAY OFJULY, 2012

BEFORE

THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

M.F.A. NO. 24194/2011 (LAC) A/W.

M.F.A. Nos. 24195/2011, 24310/2011, 24407/2011, 24460/2011, 24479/2011, 24648/2011, 24661/2011, 24669/2011, 24906/2011, 24907/2011, 25399/2011, 25442/2011, 25484/2011, 25490/2011, 25591/2011, 25719/2011, 20367/2012, 20386/20 12. 20390/2012. 20412/2012. 20413/2012, 2O566/2012, 20569/2012, 2 1219/2012, 22376/2012, 22430/2012, 22431/2012, 22462/2012 & 22889/2009

IN M.F.A. NO. 24194/2011:

BETWEEN

THE SPL. LAND ACQUISITION OFFICER, PROJECT SEA BIRD,

NAVAL BASE, KARWAR,

.APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. GANU PATTU PADTI, SINCE DECEASED BY LRS. 1A. SMT. TAHKI W/O GANU PADI, AGE: 50 YEARS, 0CC: AGRICULTURE & HOUSEHOLD, R/O MELINAKERI, NEAR GANAPATI TEMPLE, MUDGA, AMADALLI, TQ. KARWAR.

lB. SMT, SEETA ( BEJARI W/O UDAY NAGEKAR,

AGE: 27 YEARS,

0CC: HOUSEHOLD,

R/O C/0 UDAY MAHABALESHWAR NAGEKAR, BAGINKATTA, TQ. YELLAPUR.

1C. SANTOSH 5/0 GANU PADI AGE: 25 YEARS,

NEAR GANAPATI TEMPLE, MUDGA, AMADALLI, TQ. KARWAR.

1D. KUMARI ASHA D/0 GANU ADTI, AGE: 23 YEARS, 0CC: HOUSEHODL, R/O NEAR GANAPATI TEMPLE, MUDGA, AMADALLI, TQ. KARWAR.

2. KHEMU PUTI'U PADTI, SINCE DECEASED BY HIS LRS.

PARVATI W/0 KHEMU PADTI, SINCE DECEASED BY HER LRS.

2A. SMT, MANGALA

W/0 GURUNATH PADTI KANKONAKAR, AGE: 32 YEARS, CCC: HOUSEHOLD, R/0 MUDGA, AMADALLI, TQ. KARWAR.

2B. PREMA D/OKHEMU PADTI AGE: 28 YEARS,

0CC: HOUSEHOLD,

R/0 MUDGA, AMADALLI, 3

TQ. KARWAR.

2C. MURU LIDHAR S/O KHEMU PADTI AGE: 19 YEARS,

R/O MUDGA, AMADALLI, TQ. KARWAR.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:22.12.2006, PASSED IN LAC NO.186/1994, ON THE FILE OF THE ADDL. CIVIL JUDGE[SR.DN.j, KARWAR, AWARDING COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F.A. NO. 24195/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, PROJECT SEA BIRD, NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

HUVA @ VENKATESH RAMA NAYAK, SINCE DECEASED BY LRS.

1. SUBBI W/O HUVA@VENKATESH RAMA NAYAK, AGE: 70 YEARS, 0CC: AGRICULTURIST.

2. RAMADAS S/O HUVA VENKATESH RAMA NAYAK, AGE: 45 YEARS,

0CC: AGRICULTURIST.

3. GOVINDS/OHUVA

4

@ VENKATESH RAMA NAYAK, AGE: 40 YEARS, 0CC: TEACHER.

Ri TO R3 ARE R/O. BHAVIKERI, TQ. ANKOLA.

4. DEFENCE ESTATE OFFICER, KARNATAKA & OOA CIRCLE, BANGALORE--42.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:24.10.2008, PASSED IN LAC NO.246/2006, ON THE FILE OF THE CIVIL JUDGE (SR.DN.), KUMTA, AWARDING COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F,A. NO. 24310/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, PROJECT SEA BIRD, NAVAL BASE, KARWAR. DIST: KARWAR, APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

VENKATARAY RAMA NAYAK, SINCE DECEASED BY HIS L.R.S,

1. SMT. RAJANI W/O. VENKATARAY NAYAK, AGE: ABOUT 55 YEARS, 0CC: HOUSEHOLD, R/O: BHAVIKERT, TQ: ANKOLA, DIST: KARWAR.

2. SOMA VENKATARAY NAYAK, AGE: ABOUT 31 YEARS, 0CC: PVT., SERVICE,

R/0: BHAVIKERI, TQ: ANKOLA, DIST: KARWAR.

3. RAJESH VENKATARAY NAYAK, AGE: ABOUT 30 YEARS, 0CC: AGRICULTURIST,

R/O: BHAVIKERI, TQ: ANKOLA, DIST: KARWAR.

4. VANI D/0. VENKATARAY NAYAK, AGE: ABOUT 27 YEARS, 0CC: HOUSEHOLD, R/O: BHAVJKERI, TQ: ANKOLA, DIST: KARWAR.

5. HANAMU KOM KALLU NAYAK, R/0: BHAVIKERI, TQ: ANKOLA, DIST: KARWAR,

6. SHARADA KOM. GOVIND NAYAK, R/O: BHAVIKERI, TQ: ANKOLA, DIST: KARWAR.

7. GIRIYAMMA KOM. NEELKANTH NAYAK, R/O: BHAVIKERI, TQ: ANKOLA, DIST: KARWAR.

8. DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE-42,

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:22.12,2009, PASSED IN LAC NO.172/2006, ON THE FILE OF THE CIVIL JUDGE [SR.DN.1. KUMTA, AWARDING COMPENSATION OF RS. 11,500/ PER GUNTA. -

6

IN M.F.A. NO.24407/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, PROJECT SEA BIRD, NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.) AND

SRI. GIDIYA HEDDU GOUDA, SINCE DECEASED BY HIS LRS.

1. SRI. BHANU GIDIYA GIRIYA @ LINGA GOUDA

R/O TODUR, PALEKARWADA, KARWAR.

2. SMT. SAVITRI W/O SESHU GOUDA 0CC: HOUSEHOLD,

R/O HARWADA, TQ. ANKOLA.

3. SMT. TIMMI W/O VENKA GOUDA 0CC: HOUSEHOLD,

R/O TODUR, PALEKARWADA, TQ. KARWAR.

2. SMT. LEKHI W/O ROHIDAS GOUDA, 0CC: HOUSEHOLD,

R/O IRAGI, MALLAPUR, TQ. KARWAR.

3. SMT. LEELA W/O SANTOSH GOUDA, CCC: HOUSEHOLD,

R/O PALEKARWADA, TODUR, TQ. KARWAR.

4. SRI. DURGADAS S/O GIDIYA 7

@ GIRIYA LINGA GOUDA, 0CC: COOLIE,

R/O PALEKARWADA, TODUR, TQ. KARWAR.

5. THE DEFENCE ESTATE OFFICER, KARNATAKA GOA CIRCLE, BANGALORE. ... RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:25.02.2009, PASSED IN LAC NO.41/2006, ON THE FILE OF THE ADD. CIVIL JUDGE (SR.DN.) KARWAR, AWARDING COMPENSATION OF RS.17,800/- PER GUNTA.

IN M.F.A. NO.24460/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, PROJECT SEA BIRD, NAVAL BASE, KARWAR. ... APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. HANUMANT NARAYANA ACHARI, AGE: 58 YEARS, 0CC: AGRICULTURIST, R/O BHAVIKERI, TQ. ANKOLA, DIST. UTT'AR KANNADA.

2. DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE-42. ... RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:13.10.2009, PASSED IN LAC NO.195/2006, ON THE 8

FILE OF THE CIVIL JUDGE (SRDN.) KUMTA, AWARDING COMPENSATION OF RS. 11,500/- PER GUNTA.

IN M.F.A. NO24479/2011:

BETWEEN

THE SPL. LAND ACQUISITION OFFICER, PROJECT SEA BIRD, NAVAL BASE, KARWAR. APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.) AND

I. SUSHILA W/O BOMMAYYA NAIK R/O BONUNAMANE,

R/O TOPPADAKERI,

BHAVIKERI, ANKOLA.

2. SANNAPPA S/O BEERAPPA NAYAK R/O BONUNAMANE,

R/O TOPPADAKERI,

BHAVIKERI, ANKOLA.

3. RAMACHANDRA BEERAPPA NAIK R/O BONUNAMANE,

R/O TOPPADAKERI,

BHAVIKERI, ANKOLA.

4. THE DEFENCE ESTATE OFFICER KARNATAKA & GOA CIRCLE, BANGALORE-2.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:29.02.2008, PASSED IN LAC NO.106/2006, ON THE FILE OF THE CIVIL JUDGE (SR.DN.) KUMTA, AWARDING COMPENSATION OF RS.11,500/- PER GUNTA. 9

IN M.F.A. NO.24648/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT, NAVAL EASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. BANTA RAMA GOUDA R/O BADAGERI, BHAVIKATT'I, TQ. ANKOLA.

2. RAKU DEVU GOUDA SINCE DECEASED BY HIS LR.

2A. DEVU S/0 RAKU GOUDA, AGE: 60 YEARS, 0CC: AGRICULTURE, R/O BADAGERI, ALAGERI, ANKOLA.

3. BUDDUDEVUGOUDA SINCE DECEASED BY HIS LR.

3A. SURESH BUDDU GOUDA, AGE: 30 YEARS,

0CC: AGRICULTURE,

R/O BADAGERI, ALAGERI, ANKOLA.

4. SHIVU SANKUSA GOUDA SINCE DECEASED BY HIS LR.

GANGA SANKUSA GOUDA

R/O BADAGERI, BHAVIKERI, ANKOLA. 10

5. TULASU,

REP. BY MINOR GUARDIAN NAGAMMA HEDDU GOUDA

R/O BADAGERI, BHAVIKERI, ANKOLA.

6. ASHAHEDDUGOUDA SINCE DECEASED BY HER LR,

6A. DEVAMMA W/O ASHA GOUDA AGE: 35 YEARS,

0CC: HOUSEHOLD WORK

R/O BADAGERI, BHAVIKERI, ANKOLA.

6B. BABU S/O ASHA GOUDA AGE: 17 YEARS, 0CC: STUDENT.

6C. PRADEEP S/O ASHA GOUDA AGE: 15 YEARS, 0CC: STUDENT.

6D. VISHWANATH S/O ASHA GOUDA AGE: 13 YEARS, 0CC: STUDENT.

R6(b) to R6(d) ARE MINORS, REP. BY THEIR NEXT FRIEND & GUARDIAN MOTHER

SMT. DEVAMMA W/0. LATE ASHA GOUDA.

ALL ARE R/0 BADAGERI, BHAVIKERI, ANKOLA.

7. THE DEFENCE ESTATE OFFICER, SEA BIRD PROJECT, NAVAL BASE, KARWAR.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:28.05.2009, PASSED IN LAC NO.191/2006, ON THE II

FILE OF THE CIVIL JUDGE (SR.DN.) KUMTA, AWARDING COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F.A. NO.24661/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER SEA BIRD PROJECT-TI, NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

HAMMANNA CHIPA NAIK

SINCE DECEASED BY HIS LR

1. SMT. MAHADEVI W/O GANAPATI NAYAK AGE: 45 YEARS, 0CC: HOUSEHOLD WORK, R/O: BHAVIKERI, TQ: ANKOLA, DIST: KARWAR.

2. HOSABU CHIPA NAIK AGE: MAJOR, R/O: BHAVIKERI, TQ: ANKOLA, DIST: KARWAR.

3. THE DEFENCE ESTATE OFFICER KARNATAKA GOA CIRCLE, BANGALORE.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894 AGAINST THE JUDGEMENT AND AWARD DTD:30-08-2008, PASSED IN LAC NO.117/2006, ON THE FILE OF THE CIVIL JUDGE(SR.DN) KUMTA, AWARDING THE COMPENSATION OF RS.11,500/-PER GUNTA. 12

INt1RA,NO.24669/201

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, PROJECT, SEA BIRD, NAVAL BASE, KARWAR. ...APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A,)

AND

BHANU MADA GOWDA,

SINCE DECEASED BY HIS L.RS.

I. SOMI BHANU GOUDA, AGE: 65 YEARS,

R/O BHAJANKERI,

AMADALLI VILLAGE,

KARWAR TALUK.

2. SMT. OMI NINGA GOUDA, AGE: 49 YEARS,

R/O BHAJANKERI,

AMADALLI VILLAGE,

KARWAR TALUK.

3. GOVIND BHANU GOUDA, AGE: 45 YEARS,

R/O BHAJANKERI,

AMADALLI VILLAGE,

KARWAR TALUK.

4. SMT. VISHNU BHANU GOUDA, AGE: 39 YEARS,

R/O BHAJANKERI,

AMADALLI VILLAGE,

KARWAR TALUK.

13

5. DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE-42.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894 AGAINST THE JUDGEMENT AND AWARD DTD:28-08-2006, PASSED IN LAC NO.25/1993, ON THE FILE OF THE ADDL. CIVIL JUDGE(SR.DN) KARWAR, AWARDING THE COMPENSATION OF RS.1 1,500/-PER GUNTA.

IN M.F.A. NO.24906/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD NAVAL BASE PROJECT, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1, TARA SIDU NAIK.

2. SRI. MITA RITA NAIK, SINCE DECEASED BY HIS LRS.

SMT. RADHA MITA NAIK, AGE: 67 YEARS, R/O AMADALLI, TQ. KARWAR.

3. MEERA GANAPATI NAIK AGE: 47 YEARS,

R/O AMADALLI, TQ. KARWAR. Li

14

4. SUMA VISHNU NAIK AGE: 41 YEARS,

R/O AMADALLI, TQ. KARWAR,

5. SMT. GRIPA GANGADHAR NAIK AGE: 34 YEARS,

R/O AMADALLI, TQ. KARWAR.

6. SMT. DEEPA DATTA NAIK AGE: 44 YEARS,

R/O AMADALLI, TQ. KARWAR.

7. SMT. DIVYA THOKU NAIK AGE: 32 YEARS,

R/O AMADALLI, TQ. KARWAR.

8. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, DR. K KAMARAJ ROAD,

BANGALORE.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894 AGAINST THE JUDGEMENT AND AWARD DTD:22-06-2010, PASSED IN LAC NO.14/2009, ON THE FILE OF THE ADDL. CIVIL JUDGE(SR.DN) KARWAR, AWARDING THE COMPENSATION OF RS. 11,500/-PER GUNTA.

IN M.F.A. NO.24907/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD NAVAL BASE PROJECT, KARWAR. APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

15

1. ANANT S/0 RAKU NAIK, R/O BHAVIKATh, TQ. ANKOLA,

1A. SMT. PARVATI W/O ANANT NAIK AGE: 73 YEARS, OCCC: HOUSEHOLD, R/O BHAVIKATTI, TQ. ANKOLA.

lB. SRI. JAYARAM 5/0 ANANT NAIK AGE: 52 YEARS,

R/O BHAVIKATPI, TQ. ANKOLA.

1C. SRI. GIRISH S/O ANANT NAIK AGE: 37 YEARS,

R/O BHAVIKAYTI, TQ. ANKOLA.

2. UDDANDA S/O RAKU NAIK SINCE DECEASED BY HIS LRS.

2A. RAJARAM S/O UDDANDA NAIK AGE: 53 YEARS, 0CC: AGRICULTURE, R/O BHAVIKERI, TQ. ANKOLA.

2B. SATISH S/0 UDDANDA NAIK AGE: 50 YEARS, 0CC: AGRICULTURE, R/O BHAVIKERI, TQ. ANKOLA.

2C. JAGADISH S/O UDDANDA NAIK AGE: 48 YEARS, 0CC: AGRICULTURE, R/0 BHAVIKERI, TQ. ANKOLA.

3. THE DEFENCE ESTATE OFFICER, KARNATAKA GOA CIRCLE, BANGALO RE.

RESPONDENTS

THIS MFA IS PILED U/S.54(l) OP LAND ACQUISITION ACT, 1894 AGAINST THE JUDGEMENT AND AWARD DTD:22-09-2008, PASSED IN LAC NO.144/2009, ON THE

J

16

FILE OF THE CIVIL JUDGE(SR.DN) KUMTA, AWARDING THE COMPENSATION OF RS.11,500/-PER GUNTA.

IN M.F.A. NO.25399/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT II,-

NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. RAMACHANDRA TIMMANNA NAYAK.

1(A) RAMACHANDRA TIMMANNA NAYAK SINCE DECEASED BY HIS L.RS.

SMT. SANNAMMA

W/O.RAMACHANDRA NAYAK, 0CC: HOUSEHOLD,

R/O: BHAVIKERI, TQ: ANKOLA, DIST: NORTH KANARA.

1(B). GOPAL RAMACHANDRA NAYAK, AGE: MAJOR, 0CC: AGRICULTURE, R/O: BHAVIKERI,

TQ: ANKOLA, DIST: NORTH CANARA.

1(C) GOURISH RAMACHANDRA NAYAK, AGE: MAJOR, 0CC: AGRICULTURE, R/O: BHAVIKERI,

TQ: ANKOLA, DIST: NORTH CANARA.

1(D) GOVIND RAMACHANDRA NAYAK, AGE: MAJOR, 0CC: AGRICULTURE, R/O: BHAVIKERI,

i7

TQ: ANKOLA, N.K. DIST.

1(E) RAJAMMA D/O. RAMACHANDRA NAYAK, AGE: MAJOR, 0CC: SERVICE, R/O: BHAVIKERI,

TQ: ANKOLA, N.K. DIST.

1(F) REVATI D/O, RAMACHANDRA NAYAK, AGE: MAJOR, 0CC: SERVICE, R/O: BHAVIKERI,

TQ: ANKOLA, DIST: KARWAR.

1(G) PREMA D/0, RAMACHANDRA NAYAK, AGE: MAJOR, 0CC: SERVICE, R/O: BHAVIKERI,

TQ: ANKOLA, DIST: KARWAR.

2. TIMMANNA BOMMAYYA NAIK, R/O: BHAVIKERI, TQ: ANKOLA.

3. SATU BOMMAYYA NAIK, R/0: BHAVIKERI, TQ: ANKOLA.

4. BEERANNA BOMMAYYA NAIK, SINCE DECEASED BY HIS L.R.S.

4(A) MANGALA D/0. BEERANNA NAIK, AGE: MAJOR,

0CC: HOUSEHOLD DUTIES, R/O: ALAGERI, ANKOLA.

4(B) RAJU S/0. BEERANNA NAIK, AGE: MAJOR,

0CC: HOUSEHOLD DUTIES, R/O: ALAGERI, ANKOLA.

5. NARAYAN BOMMAYYA NAIK, R/O: BHAVIKERI, ANKOLA. r(L

18

6. MANI BOMMAYYA NAIK, R/O: BHAVIKERI, ANKOLA.

7. THE DEFENCE ESTATE OFFICER, KARNATAKA GOA CIRCLE, BANGALO RE.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894 AGAINST THE JUDGEMENT AND AWARD DTD:28-05-2010, PASSED IN LAC NO.82/2006, ON THE FILE OF THE CIVIL JUDGE(SRDN) KUMTA, AWARDING THE COMPENSATION OF RS.11,500/-PER GUNTA.

IN M.F.A. NO.25442/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER SEA BIRD PROJECT, NOW INDIAN NAVY, MINI VIDHANA SOUDHA , KARWAR. APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. CHANDRAKANT S/O PANDU NAIK AGE: 55 YEARS, 0CC: AGRICULTURIST, R/O: MUDGA, MADALLI, KARWAR.

2. THE DEFENCE ESTATE OFFICER KARNATAKA & GOA CIRCLE, T-56, ASSAYALINE KAMARAJ ROAD, BANGALORE-42.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894 AGAINST THE JUDGEMENT AND AWARD DTD:27-06-2011, PASSED IN LAC NO.05/2011, ON THE 19

FILE OF THE ADDL. CIVIL JUDGE(SR.DN) KARWAR, AWARDING THE COMPENSATION OF RS. 1 1,500/-PER GUNTA.

IN M.F.A. NO.25484/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT II,-

NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. RAMANAND RAGHUPATHI SHENVI, R/O: CHENDIYA, KARWAR.

PRESENT ADDRESS:

NO. 4, GURUKRUPA LIBERTY CO.OP. HOUSING SOCIETY, LIBERTY GARDEN CROSS ROAD, NO.4, MALAD (WEST),

BOMBAY 400 064.

-

2. THE DEFENCE ESTATE OFFICER, KARNATAKA GOA CIRCLE, BANGALORE.

RESPONDENTS

THIS M.F.A. IS FILED U/SEC. 54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE REFERENCE COURT I.E., ADDL. CIVIL JUDGE (SR.DN.) KUMTA, IN L.A.C. NO. 280/1994 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN) KARWAR, AWARDING THE COMPENSATION OF RS.11,500/-PER GUNTA. 20

IN M.F.A. NO.25490/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, PROJECT SEA BIRD, KARWAR DIST. APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. U. F. M. GOVID S/0 KHEMI GOUDA AGE: MAJOR, RYOT R/O KODAR, NOWT AT SEA BIRD COLONY, TODUR, KARWAR DIST.

2. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE-42.

RESPONDENTS

THIS MFA IS FILED U/SEC. 54(1) OF LAND ACQUISITION ACT 1894, AGAINST THE JUDGMENT AND AWARD DATED:15.12.2010 PASSED IN L.A.C. NO.114/2010, ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN.), KARWAR, AWARDING THE COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F.A. NO.25591/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.) j

21

AND

1. SRI YOKU NAGU GOUDA R/O:BADAGERI BHAVIEKRI, TQ:ANKOLA.

2. SRI BECCHU NINGU GOUDA R/O:BADAGERI BHAVIEKRI, TQ:ANKOLA.

3. SRI KAMANNA S/O DEVU GOUDA R/O:BADAGERI BHAVIEKRI, TQ:ANKOLA.

4, SRI CHANNA DEVU GOUDA, R/O:BADAGERI BHAVIEKRI, TQ :ANKOLA.

5. SRI TAKKU DEVI GOUDA, R/O:BADAGERI BHAVIEKRI, TQ:ANKOLA.

6. THE DEFENCE ESTATE OFFICER, KARNATAKA GOA CIRCLE, BANGALORE. ... RESPONDENTS

THIS MFA IS FILED U/SEC. 54(1) OF LAND ACQUISITION ACT 1894, AGAINST THE JUDGMENT AND AWARD DATED:30.03.2009 PASSED IN L.A.C. NO.192/2006, ON THE FILE OF THE CIVIL JUDGE (SR.DN.), KUMTA, AWARDING THE COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F.A. NO.25719/2011:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT, KARWAR. ... APPELLANT (BY SMT. K. VIDYAVATI, A.G.A.) 22

AND

1. BABU SINDYA GUNAGI AGE: MAJOR, L.R OF SINDHYA SOMU GUNAGI RIO. GUNAGIWADA, ARGA, KARWAR.

2. BHASKAR SINDYA GUNAGI AGE: MAJOR,

R/O. ARGA, KARWAR.

3. MIRYA SINDYA GUNAGI AGE: MAJOR,

RIO. ARGA, KARWAR.

4. RUKMANGADA SINDYA GUNAGI AGE: MAJOR,

R/O. ARGA, KARWAR.

5. GEETA SADANAND GUNAGI.

6. HEMILA S/O. SINDYA GUNAGI AGE: MAJOR,

R/O. ARGA, KARWAR.

7. D.E.O. KAMARAJ ROAD, BANGALORE. ... RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894 AGAINST THE JUDGEMENT AND AWARD DTD:24-06-2011, PASSED IN LAC NO.19/2007, ON THE FILE OF THE II-ADDL. CIVIL JUDGE(SR.DN) KARWAR, AWARDING THE COMPENSATION OF RS.11,500/-PER GUNTA.

IN M.F.A. NO.20367/20 12:

BETWEEN

THE LAND ACQUISITION OFFICER, SEA BIRD PROJECT,

23

NOW INDIAN NEW,

MINI VIDHANA SOUDHA, M.G.ROAD, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

LAKSHU VASU GOUDA,

SINCE DECEASED BY HIS LRS.

1. SMT. GOURI KOM LAKSHU GOUDA, AGE: 68 YEARS, 0CC: RYOT, R,'O: ANIGADDA, TQ: ANKOLA.

2. GANAPATHI S/O. LAKSHU GOUDA, AGE: 48 YEARS, RYOT, R/O: ANGIGADDA, TQ: ANKOLA.

3. HADU S/O. LAKSHU GOUDA, AGE: 40 YEARS, RYOT, R/O: ANIGADDA, TQ: ANKOLA.

4. THE DEFENCE ESTATE OFFICER, K & G CIRCLE, T-56, ASSAYALINE, KAMRAJ ROAD, BANGALORE. RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:01.04.2011, PASSED IN LAC NO.1/2010, ON THE FILE OF THE ADDL. CIVIL JUDGE(SR.DN.), KARWAR, AWARDING COMPENSATION OF RS, 11,500/- PER GUNTA.

IN M.F.A. NO.20386/2012:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, PROJECT SEA BIRD,

NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

MOTAMOTA THEKU NAIK

SINCE DECEASED BY HIS LRS

I. SMT. TALASI W/O. MOTA NAIK AGE: 62 YEARS.

0CC: HOUSEHOLD WORK

RIO. OPP. MAHASATI KALYAN MANTAP, KAJUBAG, KARWAR.

2. SMT. SUMANA D/O. MOTA NAIK W/O. RAMAKANT NAIK

AGE: 42 YEARS.

0CC: HOUSEHOLD WORK

R/O. OPP. MAHASATI KALYAN MANTAP, KAJUBAG, KARWAR.

3. SMT. PRABRAVATI D/O. MOTA NAIK W/O. THAKU NAIK

0CC: HOUSEHOLD WORK

R/O. OPP. MAHASATI KALYAN MANTAP, KAJUBAG, KARWAR.

4. KRISHNA THAKU NAIK RIO. ALIGADDA, CHENDIYA TQ: KARWAR.

5. SHANTARAM THEKU NAIK RIO. ALIGADDA, CHENDIYA TQ: KARWAR.

6. DAMODAR THEKU NAIK R/O. ALIGADDA, CHENDIYA 25

TQ: KARWAR,

7. NAVARAJ THEKU NAIK R/0. ALIGADDA, CHENDIYA TQ: KARWAR.

THAKU BUDDU NAIK

SINCE DECEASED BY HIS LRS

8. JAYA S/O. THANKU NAIK AGE: 65 YEARS, 0CC: AGRICULTURE, R/0. KALISHITI'A, BAAD, KARWAR.

9. ANAND S/O. ACHYUT NAIK AGE: 30 YEARS, 0CC: GOVT. SERVICE, R/O. KALISHI'ITA, BAAD, KARWAR.

10. DiVfl'ARAM S/0. THAKU NAIK AGE: 44 YEARS,

0CC: BUS CONDUCTOR,

R/0. KALISHITTA, BAAD, KARWAR.

11. HEMANAND S/0. THANKU NAIK AGE: 35 YEARS, 0CC: AGRICULTURE, RIO. TODUR COLONY,

KARWAR.

12. SMT. VEKAMMA KOM VITTAL NAIK AGE: 58 YEARS, 0CC: AGRICULTURE, R/0. KALISHITTA, BAAD, KARWAR.

13. SMT. MEERA @ KALPANA W/0. SHIVANAND NAIK

AGE: 55 YEARS,

R/0. KOMARPATWADA, KODIBAG, KARWAR.

fr&

26

14. SMT. MEGHABAI ( GUNAVANTI W/0. RATNAKAR NAIK

AGE: 52 YEARS,

R/O. NEAR GINDI TEMPLE, KODIBAG, KARWAR.

15. SMT. LEELA SYAMALA SARVO'Il'AM NAIK AGE: 42 YEARS, 0CC: AGRICULTURE, R/O. HARAWADA, TQ: ANKOLA, KARWAR,

16. SMT. TOMARI @. ROOPA W/O. HARISCHANDRA NAIK R/AT. CIVIL HOSPITAL QUARTERS, M.G. ROAD, KARWAR.

17. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE-42.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:28.02.2008, PASSED IN LAC NO.133/1991, ON THE FILE OF THE ADDL. CIVIL JUDGE(SR.DN.), KARWAR, AWARDING COMPENSATION OF RS.1 1,500/- PER GUNTA.

IN M.F.A. NO.20390/2012:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT,

NOW INDIAN NEW,

MINI VIDHANA SOUDHA, M.G.ROAD, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.) 27

AND

I. BOLA TIMMA GOUDA AGE: MAJOR, RYOL, R/O. KODAR NOW AT SEA BIRD COLONY, TODUR, TQ : KARWAR.

2. THE DEFENCE ESTATE OFFICER K & G CIRCLE, T-56, ASSAYALINC, KAMARAJ ROAD, BANGALORE. RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:01.04.2011, PASSED IN LAC NO.2/2010, ON THE FILE OF THE ADDL. CIVIL JUDGE(SR.DN.), KARWAR, AWARDING COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F.A. NO.20412/2012:

BETWEEN

THE SPECIAL LAND ACUQISITION OFFICER, SEA BIRD PROJECT,

NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

• BANTA RAM GOUDA MINOR, REPTED. BY FATHER RAMA BANTA GOUDA,

R/O. BADAGERI, BHAVIKAERI, ANKOLA.

28

RAKU DEVA GOUDA,

R/O. BADAGERI,

BHAVIKERI, ANKOLA.

SINCE DECEASED BY HIS LRS

2. DEVU RAKU GOUDA AGE: 60 YEARS, 0CC: AGRICULTURE RIO. BADAGERI, BHAVIKERI, ANKOLA.

BUDDU DEVU GOUDA

R/0. BADAGERI, BHAVIKERI, ANKOLA.

SINCE DECEASED BY HIS LRS

3. SURESH BUDDU GOUDA AGE: 30 YEARS, 0CC: AGRICULTURE R/0. BADAGERI, BHAVIKERI, ANKOLA.

4. KESHAV SANNAKUS GOUDA R/0. BADAGERI, BHAVIKERI, ANKOLA.

5. TULASU HEDDU GOUDA R/O. BADAGERI, BHAVIKERI, ANKOLA.

6. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE-42.

RESPONDENTS

THIS MFA IS FILED U/S.54(l) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:29.11.2008, PASSED IN LAC NO.142/2006, ON THE FILE OF THE CIVIL JUDGE(SR.DN.), KUMTA, AWARDING COMPENSATION OF RS.11,500/- PER GUNTA. frt

29

IN M.F.A. NO.20413/2012:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT,

NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A,)

AND

HANUMANT S/O. GOVIND NAIK SINCE DECEASED BY HIS LRS.

1. SARASWATT W/O. NAGAPPA NAIK AGE: 70 YEARS, 0CC: HOUSEHOLD R/0. SAKALBENA, AVERSA, TQ: ANKOLA, DIST: UTI'AR KANNADA.

2. NINGAPPA 5/0. HANUMANT NAIK AGE: 73 YEARS, 0CC: AGRICULTURE, R/O. SAKALBENA, AVERSA, TQ: ANKOLA, DIST: UTTAR KANNADA.

3. PUNDALIK S/0. HANUMANT NAIK AGE: 68 YEARS, 0CC: AGRICULTURE, R/O. SAKALBENA, AVERSA, TQ: ANKOLA, DIST: UTT'AR KANNADA.

4. SHRIKANT S/O. HANUMANT NAIK AGE: 57 YEARS, 0CC: AGRICULTURE, R/O. SAKALBENA, AVERSA, TQ: ANKOLA, DIST: UTI'AR KANNADA.

5. MAHADEVI W/0. SUKRU NAIK, U.F.M. AGE: 55 YEARS, 0CC: HOUSEHOLD R/O. SAKALBENA, AVERSA, 30

TQ: ANKOLA, DIST: U11'AR KANNADA.

6. SUBHADRI SANDHYA D/O. HANUMANT NAIK

AGE: 53 YEARS, 0CC: HOUSEHOLD RIO. SAKALBENA, AVERSA, TQ: ANKOLA, DIST: UTI'AR KANNADA.

7. ANANDI D/O. HANUMANT NAIK AGE: 60 YEARS, 0CC: HOUSEHOLD R/O. SAKALBENA, AVERSA, TQ: ANKOLA, DIST: UTTAR KANNADA.

8. THE DEFENCE ESTATE OFFICER, KARNATAKA @ GOA CIRCLE, BANGALORE-42.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:16.09.2009, PASSED IN LAC NO.234/2006, ON THE FILE OF THE CIVIL JUDGE(SR.DN.), KUMTA AWARDING COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F.A. NO.20566/2012:

BETWEEN

THE SPECIAL LAND ACUQISITION OFFICER SEA BIRD PROJECT, NOW INDIAN NAVY, MINI VIDHANA SOUDHA, KARWAR. APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. PREMA @ PREMABAI CAHNDRAKANT NAIK AGE: 45 YEARS, CCC: AGRICULTURE, 31

R/O. MUDAGA, AMADALLI, KARWAR.

2. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, T-56, ASSAYALINGA KUMARAJ ROAD, BANGALORE-42. RESPONDENTS ...

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:27.06.2011, PASSED IN LAC NO.11/2011, ON THE FILE OF THE ADDL. CIVIL JUDGE(SR.DN.), KARWAR, AWARDING COMPENSATION OF RS.1 1,500/- PER GUNTA.

IN M.F.A. NO.20569/2012:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT,

NAVAL BASE, KARWAR. ... APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. MANGALDAS S/O. SUBRAY KAMAT AGE: MAJOR, 0CC: RYOT, R/O. AVERSA, TQ: ANKOLA.

2. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE-42.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:30.06.201 1, PASSED IN LAC NO.4/2011, ON THE FILE OF THE SENIOR CIVIL JUDGE, KUMTA, AWARDING COMPENSATION OF RS.20,770/- PER GUNTA. 32

IN M.F.A. NO.21219/2012:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD, NAVAL BASE, KARWAR,

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. PREMA RAMA GUNAGI, AGE: MAJOR,

R/O. KODAR VILLAGE,

KARWAR, TQ: DIST: UTTAR KANNADA.

2. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, K. KAMRAJ ROAD, BANGALORE-42. RESPONDENTS

THIS MFA FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:30.10.2006, PASSED IN LAC NO.261/1994, ON THE FILE OF THE ADDL. CIVIL JUDGE(SR.DN.), KARWAR, AWARDING COMPENSATION OF RS. 11,500/- PER GUNTA.

IN M.F.A. NO.22376/20 12:

BETWEEN

1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT,

M.S. BUILDING, BANGALORE. frtl

2. THE SPECIAL LAND ACQUISITION OFFICER, SEA BIRD PROJECT, NAVAL BASE, KARWAR,

APPELLANTS

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

L RUPUKUSLUGOUDA SINCE DECEASED BY LRS.

1A. RAMA S/0. RUPU GOUDA AGE: 58 YEARS, 0CC: AGRICULTURE, R/O. BADAGARI, BHAVIKERI, ANKOLA.

lB. NAGI D/O. RUPU GOUDA SINCE DECEASED BY HIS LRS.

RENUKA KOM KESHAVA GOUDA, AGE: 51 YEARS, 0CC: AGRICULTURE, R/O. BHAVIKERI, ANKOLA.

2. NAGU S/O. KASLU GOUDA SINCE DECEASED BY HIS LRS.

2A. TOKU NAGU GOUDA, AGE: 53 YEARS, 0CC: AGRICULTURE, R/0. BADAGERI, BHAVIKERI, ANKOLA.

2B. POKKA NAGU GOUDA AGE: 51 YEARS,

0CC: AGRICULTURE,

R/O. BADAGERI, BHAVIKERI, ANKOLA.

2C. SAVITHRI W/0. MANKALU GOUDA AGE: 38 YEARS, 0CC: AGRICULTURE, 34

R/O. BADAGERI, BHAVIKERI, ANKOLA.

3. THE DEFENCE ESTATE OFFICER, KARNATAKA GOA CIRCLE, BANGALORE.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:16.12.2008, PASSED IN LAC NO.28/2006, ON THE FILE OF THE CIVIL JUDGE(SR.DN.), KUMTA, AWARDING COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F.A. NO.22430/2012:

BETWEEN

I. STATE OF KARNATAKA BY ITS SECRETARY TO

THE REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE.

2. THE SPECIAL LAND AQUISITION OFFICER, AND KONKAN RAILWAY CORPORATION LTD., KARWAR.

APPELLANTS

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. BUDDU SOMEBADDU SOME GOUDA AGE: 51 YRS, R/O BADAGERI, POST: BHAVIKERI, TQ: ANKOLA.

SOMA SOMU GOUDA

SINCE DECEASED HIS LRS

2. SANNU W/O SOMA GOUDA AGE: 60 YRS,

35

0CC: HOUSEHOLD DUITES, R/O BADAGERI, TQ: ANKOLA.

RAMA S/O SOMA GOUDA

SINCE DECEASED HIS LRS.

3. SANMAGU W/O RAMA GOUDA AGE: 39 YRS,

0CC: HOUSEHOLD DUITES, R/O BADAGERI, TQ: ANKOLA.

4. UMESH S/0 RAMA GOUDA AGE: 20 YRS,

0CC: HOUSEHOLD DUTIES, R/O BADAGERI, TQ: ANKOLA.

5. KUSUMA W/O RAJU GOUDA AGE: 22 YRS,

0CC: HOUSEHOLD DUTIES, R/0 BADAGERI, TQ: ANKOLA.

6. HALAKKI S/0 SOMA GOUDA AGE: 40 YRS, 0CC: AGRICULTURIST R/0 BADAGERI, TQ: ANKOLA.

7. SHIVAKANT S/O SOMA GOUDA AGE: 35 YRS, 0CC: AGRICULTURIST R/0 BADAGERI, TQ: ANKOLA.

8. GULABI W/0 DEVU GOUDA AGE: 42 YRS, 0CC: HOUSEHOLD DUTIES, R/O BADAGERI, TQ: ANKOLA.

9. AYAMMA W/O SUKRU GOUDA AGE: 36 YRS, 0CC: HOUSEHOLD DUTIES, R/O BADAGERI, TQ: ANKOLA.

RAKU SOMU GOUDA

SINCE DECESED BY HIS LRS 36

10, HONNAPPA RAKU GOUDA, AGE: 35 YRS,

R/O BHAVIKERI, TQ: ANKOLA.

11. BUDDURAKUGOUDA AGE: 32 YRS,

R/O BHAVIKERI, TQ: ANKOLA.

12. DEVU SUKRU GOUDA AGE: 38 YRS, R/O BADAGERI POST: BHAVIKERI, TQ: ANKOLA.

HONNA SUKRU GOUDA

SINCE DECEASED HIS LRS

13. MANGALA W/O HONNA GOUDA AGE: 30 YRS, R/O BHAVIKERI, TQ: ANKOLA.

14. DEEPIKA HONNA GOUDA AGE: 18 YRS, R/O BHAVIKERI TQ: ANKOLA.

15. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE. ... RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:05.04.2010, PASSED IN LAC NO.30/2006, ON THE FILE OF THE CIVIL JUDGE (SR.DN.) KUMTA, AWARDING COMPENSATION OF RS.11,500/- PER GUNTA.

IN M.F.A. NO.22431/2012:

BETWEEN

1. STATE OF KARNATAKA REPTD. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE. 37

2. THE SPECIAL LAND ACQUISiTION OFFICER, PROJECT SEA BIRD, NAVAL BASE, MINI VIDHANA SOUDHA, KARWAR. APPELLANT

(BY SMT. K, VIDYAVATI, A.G.A.)

AND

1. SMT. UMBAI RENUKA NAIK, R/O AMADALLI, VILLAGE, KARWAR.

2. KRISHNA RENUKA NAIK R/O AMADALLI VILLAGE, KARWAR.

3. VISHNU RENUKA NAIK, R/O AMADALLI VILLAGE, KARWAR.

4. GANAPATI RENUKA NAIK R/O AMADALLI VILLAGE, KARWAR.

5. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE-560 042.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISI TION

ACT, 1894, AGAINST THE JUDGEMENT AND AWARD

DTD:07.07.2011, PASSED IN LAC NO.119/2010 , ON THE

FILE OF THE ADDL. CIVIL JUDGE (SR.DN. ), KARWAR,

AWARDING COMPENSATION OF RS.1 1,500/- PER GUNTA.

38

IN M.F.A. NO.22462/2012:

BETWEEN

I. STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPARTMENT, M.S. BUILDING, BAN GALORE,

2. THE SPECIAL LAND ACUQISITION OFFICER, SEA BIRD PROJECT, NAVAL BASE, KARWAR.

APPELLANTS

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

I. SHIVA MANKALU GOUDA R/O. BADAGERI, BHAVIKERI, TQ: ANKOLA.

2. TIMMA MANKALU GOUDA R/O. BADAGERI, BHAVIKAERI, TQ: ANKOLA.

KUTNA MANKALU GOUDA

R/O. BADAGERI,

BHAVIKERI, TQ. ANKOLA. SINCE DECEASED BY HIS LRS.,

3. SHIVA S/0. MANKALU GOUDA AGE: 60 YEARS, 0CC: AGRICULTURE, R/O. BADAGERI, BHAVIKAERI, TQ: ANKOLA.

4. TIMMA S/O. MANKALU GOUDA AGE: 55 YEARS,

R/O. BADAGERI, ALAGERI,

frL

39

TQ: ANKOLA.

BUDDU GIDDA GOUDA

AGE. 55 YEARS, R/O.BADAOERI, ALAGERI, TQ. ANKOLA. SINCE DECEASED BY HIS LRS.

5. SMT. DOLLI W/O. BUDDU GOUDA AGE: 45 YEARS, 0CC: HOUSEHOLD WORK, R/O. NEAR PRIMARY SCHOOL, BADAGERI, BHAVIKERI, TQ: ANKOLA.

6. SMT. SUMITRA D/O. BUDDU GOUDA AGE: 25 YEARS,

0CC: HOUSEHOLD WORK, R/O. NEAR PRIMARY SCHOOL, BADAGERI, BHAVIKERI, TQ: ANKOLA.

7. BEERA S/O. BUDDU GOUDA AGE: 23 YEARS, 0CC: AGRICULTURE, R/0. NEAR PRIMARY SCHOOL, BADAGERI, BHAVIKERI, TQ: ANKOLA.

8. VINAYAK S/O. BUDDU GOUDA AGE: 20 YEARS, 0CC: AGRICULTURE, R/O. NEAR PRIMARY SCHOOL, BADAGERI, BHAVIKERI, TQ: ANKOLA.

9. RAMESH Sb. BUDDU GOUDA AGE: 18 YEARS, 0CC: AGRICULTURE, R/O. NEAR PRIMARY SCHOOL, BADAGERI, BHAVIKERI, TQ: ANKOLA.

10. GOVIND GIDDA GOUDA R/O. BADAGERI,

BHAVIKERI, TQ: ANKOLA. 40

11. A'U GIDDA GOUDA RIO. BADAGERI,

BHAVIKERI, TQ: ANKOLA.

12. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE.

RESPONDENTS

THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND AWARD DTD:16.09.2009, PASSED IN LAC NO.183/2006, ON THE FILE OF THE CIVIL JUDGE (SR.DN.) KUMTA, AWARDING COMPENSATION OF RS.1 1,500/- PER GUNTA.

IN M.F.A. NO.22889/2009:

BETWEEN

THE SPECIAL LAND ACQUISITION OFFICER PROJECT SEA BIRD, NAVAL BASE, KARWAR.

APPELLANT

(BY SMT. K. VIDYAVATI, A.G.A.)

AND

1. SIDDA JANGA GOUDA RYOT, SINCE DECEASED BY HIS LR.

1A. UMAKANT SIDDA GOUDA, R/O AMADALLI, DIST:KARWAR. SINCE DECEASED BY HIS LR.

a) SIDDA JANGA GOUDA RYOT R/O. AMADALLI,

KARWAR TALUK & DIST.

2. SANNE W/O THIMA GOUDA 41

SINCE DECEASED BY HER LRS.

2A. KRISHNA TAMSAKE GOUDA AGED:60 YRS, RIO MUDALMAKKI, BINGAGA.

2B. VASU TAMSHAKA GOUDA AGE:45 YRS, R/O MUDALMAKKI, BINGAGA.

2C. SMT. HOLI W/O NARAYAN GOUDA AGE:40 YRS, R/O MUDALMAKKI, BINGAGA.

3. SOMU KUSLA GOUDA SINCE DECEASED BY HIS LRS.

3A. RAMACHANDRA 5/0 SOMA GOUDA AGED:38 YRS, R/O SAKALBENA, AVERSA, TQ:ANKOLA, DIST:KARWAR.

3B. THAKU 5/0 SOMA GOUDA AGED:30 YRS, RYOT,

R/O SAKALBENA, AVERSA, TQ:ANKOLA, DIST:KARWAR.

3C. JAIWANT S/O SOMA GOUDA AGED:28 YRS, RYOT,

R/O SAKALBENA, AVERSA, TQ:ANKOLA, DIST:KARWAR.

3D. DEVI D/O SOMA GOUDA AGED:24 YRS, RYOT,

R/O SAKALBENA, AVERSA, TQ:ANKOLA, DIST:KARWAR.

3E. SAROJINI D/O SOMA GOUDA AGED:24 YRS, RYOT,

R/O SAKALBENA, AVERSA, 42

TQ:ANKOLA, DIST:KARWAR.

3F. GANDHARI D/O SOMAGOUDA AGED: 18 YRS, RYOT,

R/O SAKALBENA, AVERSA, TQ:ANKOLA, DIST:KARWAR.

3G. SMT. PREETI W/O SOMA GOUDA AGED:65 YRS, RYOT,

R/O SAKALBENA, AVERSA, TQ:ANKOLA, DIST:KARWAR,

3H. SMT. PARVATI W/O ASHOK GOUDA AGE:MAJOR, RYOT,

R/O TODUR COLONY,

TQ. & DIST:KARWAR.

31, DOLLA S/O KHUSLU GOUDA AGED:60 YRS,

R/O TODUR COLONY,

DI ST: KARWAR.

3J. SEETARAM S/O KHUSLU GOUDA AGED:55 YRS,

R/O TODUR COLONY,

DIST:KARWAR.

4. MOTA 5/0 KRISHNA GOUDA R/O MUDAGA, AMADALLI, DIST:KARWAR.

5. THE DEFENCE ESTATE OFFICER, KARNATAKA & GOA CIRCLE, BANGALORE.

RESPONDENTS

(BY SRI SIDDAPPA S. SAJJAN, ADV. FOR R4; SRI B. PAPEGOUDA, ADV. FOR R5; R2(A-C) & R3(A-J) ARE SERVED)

43

c

THIS MFA IS FILED U/S. 54(1) OF THE LAND ACQUISITION ACT 1894, AGAINST THE JUDGEMENT AND AWARD DATED:23-03-2007, PASSED IN L.A.C, NO.16/ 1995 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN.), AT KARWAR. AWARDING COMPENSATION OF RS. 11,500 /-

PER GUNTA.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Common questions of law and fact arise for decision making, and therefore, these appeals are clubbed togeth er and disposed of by this order.

2. Learned Government Advocate submits that a Division Bench of this Court in M.F.A. NO.20344/20 10 and connected appeals by order dated 31.05.2010, confirmed the market value of the land acquired for Sea Bird Project, at Rs. 11,500/- per gunta. In that view of the matter, these appeals do not survive for consideration. Appeals are accordingly dismissed.

JUDGE

hnm/

Sunday, May 11, 2014

Tough Competition in the Karwar LS Constituency



Excerpt from the news report from Deccan Herald:
Pluses and minuses

The “Modi wave” seems to be working in this constituency to some extent as NaMo brigades were formed in villages much before the elections were announced. Though Hegde faces anti-incumbency at most places, he may still get many votes as workers of the BJP and the Sangh Parivar have been seeking votes in Modi’s name. The BJP had won four Assembly seats in 2008, but just one in 2013.

For Prashant, his father’s sway over the region may come in handy, and he has tried to engage with people in the last five years through social service. He is also known to be polite and highly educated. The Congress workers are also highlighting the State government’s schemes. But there are many sections which do not like the elder Deshpande, saying he did not do much for the constituency despite being a minister for several years. “The Hindutva Hegde is talking about will not bring development. Voters know that it was R V Deshpande who brought investments worth Rs 1,200 crore to the district,” claimed MLC, Shrikanth L Ghotnekar of the Congress. But BJP leader Raju Dhooli from Haliyal has asserted that Deshpande “failed” to develop the district. For Deshpande, his son’s victory appears to be a “prestige issue”. He also roped in Congress vice president Rahul Gandhi to address a rally at Sirsi. Besides, the Congress has four MLAs and the support of independent MLAs. Both the parties face factionalism, a fact they deny. Margaret Alva’s son Nivedith aspired for the Congress ticket. Though Nivedith and his supporters have been canvassing for Prashant, their efforts are being seen as “half-hearted”. In the BJP, politicians are canvassing for Modi and not the candidate.

The issues being discussed are rehabilitation of the displaced, CRZ, filling tanks with Kali water, widening of national highway, the rumoured ban on areca nut, environmental concerns, protection of forest dwellers’ interests and railway line projects. At present, the Congress and the BJP seem to be ahead in only one or two Assembly segments, and equally placed in the rest.

Daijiworld has this to say:

A survey conducted by a prominent Kannada daily in association with C fore has predicted that the voters of Karnataka will not be totally swept off their feet by Modi wave, unlike some other states. As per the calculations made based on opinions  put together under this survey, the 28 Lok Sabha seats in the state are expected be shared by the three major political parties, Congress (14), BJP (12), and JD(S) (2).


If the prediction made by this survey comes true, Congress will gain seven seats as compared to the previous Lok Sabha election, at the cost of BJP. It is being analyzed that the voters, in spite of having been frustrated at the lackadaisical performance of the union government, have continued to favour Congress because of the internal bickering within the BJP. Congress will possibly wrest back its prominence in Old Mysore and Hyderabad Karnataka regions of the state as per the survey, which says that the Congress is likely to win 11 out of the 14 seats. The fact that Siddaramaiah is the chief minister, and Hyderabad Karnataka has been covered under section 371J, are likely to score major points for the Congress. JD(S) will have to be content with only a token presence, as the survey has given it an edge only in Hassan and Tumkur constituencies.

The BJP, which suffered an ignominious defeat in the assembly election because of parting of ways with Yeddyurappa last time, is expected to perform well in Bangalore, Mumbai-Karnataka, and central Karnataka regions. Out of the three seats it won from the state capital last time, BJP is predicted to retain two. BJP is set to lose Bangalore (central), Bellary, Udupi-Chikmagalur, Bidar, Raichur, Dakshina Kannada, Chitradurga and Tumkur constituencies, as the voters are unhappy with the functioning of current incumbents, the survey analyses. On religion and caste-based calculations, minorities, backward classes, and dalits are likely to support the Congress, as Siddaramaiah is projected as their hope. Vokkaliga votes will go to BJP wherever JD(S) does not have strong footing. A large number of voters surveyed felt that Congress can improve its chances in the election by giving the post of deputy chief minister to Dr Parameshwar. However, more people have preferred Narendra Modi to become the prime minister, as compared to Rahul Gandhi, with only a miniscule percentage choosing Arvind Kejriwal.

All said, now  we can only wait and watch. Amongst everyone, we Hope and Pray this time our Nation Wins!!

Saturday, May 10, 2014

Supreme Court verdict on Adoptions


The three-Bench judgment of the Supreme Court of February 19 - Shabnam Hashmi vs the Union of India and Others, provided a considerable advancement in law on the issue of adoption. It ruled that all persons, irrespective of religion, caste and creed, have the option of adopting a child under the provisions of the Juvenile Justice (Care and Protection of Children) (JJ) Act 2000. However, it stopped short of declaring the right to adoption and the right of a child to be adopted as fundamental rights under Article 21 of the Constitution that guarantees right to life, citing "conflicting thought processes in this sphere of practices and belief prevailing in this country."

In India, issues relating to marriage and marital relationships, including adoption, have been historically governed by religion-based family laws - the Special Marriage Act of 1954 is the only exception. The Hindu Adoption and Maintenance Act (HAMA) 1956 provides for adoption of children by married couples/single persons from the Hindu, Buddhist and Jain communities, while the Guardians and Wards Act 1890 provides for guardianship for persons not covered under the HAMA, including Muslims, Christians, Parsis and Jews. 

The difference between adoption and guardianship is significant: adoption allows the adopted child to be treated on par with the biological child in the eyes of the law, on all matters including that of inheriting property. In contrast, although guardianship provides an individual other than the parent of the child the opportunity to address and meet the physical, financial and psychological needs of the child, the biological parents' do not relinquish their rights over that child. Those not governed by HAMA can only be guardians of the children they have chosen to adopt until the enactment of the JJ Act 2000. This was the case with Shabnam Hashmi, too - the petitioner in the present case.

While the JJ Act 2000 Act made a mention of adoption as a form of rehabilitation and social reintegration of orphaned, abandoned and surrendered children, the 2006 amendment to the JJ Act defined adoption, and stated expressly that the legal status of adopted children would be on par with biological children. These provisions have been used for adoption, not only by non-Hindus but also by Hindus, for consecutive adoptions of children belonging to the same sex since HAMA stipulates that no person/couple can adopt a second child of the same sex as the first. 

However, until the present Supreme Court judgment came about, confusion remained as to whether the relevant provisions of the JJ Act superseded family laws of those communities that did not recognise adoption as legal. Doubts were raised citing various grounds - including that the JJ Act is not a specific adoption law, although it contains a provision for adoption; that the JJ Act does not mention adoption in its statement of objects and reasons; and that it does not expressly state that the Act supersedes other laws pertaining to adoption. The Supreme Court judgment has removed this confusion by clearly stating that the JJ Act provides an option to members of all religious communities to adopt a child.

Significantly, the Supreme Court thwarted the attempt of the All India Muslim Personal Law Board (AIMPLB) to contain adoption within the confines of family laws. It overruled the objections raised by the AIMPLB that Islamic law does not recognise adoption. The Board's opposition was not new. In 1972, it had opposed the Adoption of Children Bill 1972, aimed at providing a secular law on adoption. A subsequent Bill of 1980 on the same issue carved out an exception for the Muslim community.

Before the Supreme Court, the AIMPLB had argued that the "kafala" system under Islamic law provided for a childless couple to take care of a child's well-being, both emotional and material, but the child remained that of the biological parents. The Board wanted the court to issue a direction to all Child Welfare Committees "to keep in mind and follow the principles of Islamic law before declaring a Muslim child available for adoption". The AIMPLB's argument is far removed from reality, as many children who are given in adoption are those abandoned by their biological parents and whose religion and antecedents are not always known. The court did not concede to AIMPLB's request. 

By emphasising on the optional nature of the provisions of JJ Act 2000 and the agency of individuals in adopting a child under those provisions, and highlighting simultaneously the philosophy of rehabilitation and social integration of children, the Supreme Court rightly stated that though personal beliefs and faiths must be honoured, they cannot dictate the operations of the provisions of an enabling statute like the JJ Act. 

During the discourse on the Uniform Civil Code in the 1980s and 1990s, in addition to Muslims, Parsis too were opposed to making adoption available to members of their community. The Bombay Zoroastrian Jashan Committee had opposed The Adoption of Children Bill 1980 and demanded an exemption from its application for Parsis as in the case of Muslims. As K.J. Gandhi, erstwhile Secretary of the Federation of Parsi Zoroastrian Anjuman of India, once explained, Parsis would not like to adopt a non-Parsi child, as only Parsis are entitled to enter the fire temple and receive benefits from private Parsi trusts - thus adoption by Parsis would have to be of a Parsi child. In the recent proceedings, however, no representatives from the Parsi community intervened.

Adoption is not merely a legal issue; it has many social ramifications. India has a large number of children abandoned at birth. A petition to the Supreme Court filed in 2011 by a private adoption agency, Ashraya, had stated that there are about 11 million abandoned children in the country, 90 per cent of whom were girls - a testimony to the high son preference in Indian society. In addition, there are orphaned children and some who have been 'surrendered' by one or both parents who have chosen to relinquish their rights over them because of adverse personal circumstances. The central government informed the Supreme Court that in the months of January to September 2013, 19,884 adoptions had taken place, which is clearly a minuscule proportion of the actual number of abandoned kids whose fate can only be imagined. If these children are not placed for adoption and rightfully settled in caring families, they face the imminent risk of being trafficked for sex work, used as forced labour or end up in other equally horrendous situations. 

It is against this backdrop that we have to gauge the significance of the Supreme Court judgment. It may not lead to thousands flocking to adopt under the JJ Act with immediate effect. Certainly many practical obstacles remain for non-Hindus wishing to adopt by citing this judgment. Given strong ties with their religious communities, there are several who may even be reluctant to accept the judgment. Yet, there can be no denying that the judgment has extricated adoption from the labyrinth of family laws, and given it a universal application cutting across religious identities, just as the Protection of Women from Domestic Violence Act (PWDVA) 2005 and Child Marriage Prohibition Act 2006 had done earlier. 

At its crux, adoption is a compelling way to meet the needs of children in dire need of a family even as it addresses the desires of persons and families who wish to raise a non-biological child as their own. 

(Saumya Uma is a researcher and trainer on gender, law and human rights.)

—(Women's Feature Service)
Source - http://www.kashmirtimes.in/newsdet.aspx?q=31947

Monday, April 28, 2014

Justice RM Lodha sworn in as the 41st Chief Justice of India

Justice R M Lodha. (Photo: PTI)
Justice R M Lodha. (Photo: PTI)

Justice Rajendra Mal Lodha was sworn in as the 41st Chief Justice of India on Sunday by President Pranab Mukherjee at the Rashtrapati Bhavan. He succeeds Justice P Sathasivam who had been heading the top court since July last.

At 64, Justice Lodha is the senior-most judge of the Supreme Court after Justice Sathasivam. He will have a brief tenure of five months as the Chief Justice as he is scheduled to retire on September 27. His name, as the next Chief Justice of India (CJI), was recommended by Justice Sathasivam.

As per the Memorandum of Procedure which governs the appointment of members of the higher judiciary, appointment to the office of the Chief Justice of India should be of the senior most judge of the Supreme Court considered fit to hold the office. It stipulates that the law minister would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of his successor. Under this process, after receipt of the recommendation of the CJI, the law minister puts it up to the prime minister who then advises the president in the matter of appointment.

Born in Jodhpur, Justice Lodha enrolled with the Bar Council of Rajasthan in February 1973. He practiced Law in the Rajasthan High Court and dealt with all branches of law - constitutional, civil, company, criminal, taxation and labour. He was elevated as a Permanent Judge of the Rajasthan High Court in January 1994. He was transferred to the Bombay High Court where he assumed office in February 1994.

Justice Lodha was transferred back to the Rajasthan High Court in February 2007. He had been the Administrative Judge of the Rajasthan High Court and was chairman of the State Judicial Academy. He was sworn in as the Chief Justice of the Patna High Court on May 13, 2008 and was elevated as a Judge of the Supreme Court on December 17, 2008.


Source: http://www.deccanchronicle.com/140427/nation-current-affairs/article/justice-r-m-lodha-be-sworn-new-chief-justice-india-today