1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 8 TH DAY OF JUNE, 2011 BEFORE THE HON t BLE MR. JUSTICE ASHOK B. HINCHIGERI M . F.A. No.9933/2007(LAC) C/W M.F.A.Nos.9820/2007, 9822/2007, 9823/2007, 9824/2fl07,_9825/2007926/2007,_982LQQL 9934/2007, 9937/2007, 11849/2007, 9935/2007, M.F.ANo9933/2OO7: BETWEEN: Sri Annappa Allappa Huddar, Age: 49 years, R/o Doddawad, Tq :Athani, District: Belgaum. Appeflant (By Sri B.M.Angadi, Advocate) AND: 1. The S.L.A.O, Hipparagi Project, Athani. 2. The Karnataka Niravari Nigam Ltd., Athani, District: Belgaum. ... Respondents (By Sri P.H.Gotkhindi, Government Pleader for R-1; Sri Srikant J. Bhat, Advocate for R-2) This MFA is filed under Section 54(1) of LA Act, against the judgment and award dated 21.7.2006 passed on LAC No.36/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. 2 M.FANo.9820/ 2007: BETWEEN: Smt. Kamala, W/o Shankar Huddar, R/o Doddawad, Tq: Athani, District: Belgaum. Appellant (By Sri B.M.Angadi, Advocate) AND: 1. The S.L.A.O, Hipparagi Barriage Project, Athan i. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani. ... Respondents (By Sri P.H.Gotkhindi, Government Pleader for R-1; Sri G.K.Hiregoudar, Advocate for R-2) This MFA is ifiled under Section 54(1) of LA Act, against the judgment and award dated 24.3.2006 passed in LAC No.34/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. M.FANo9822/2007: BETWEEN: Shri Shivaray Allappa Putani, R/o Doddawad, Tq: Athani, District: Belgaum. Appellant (By Sri B.M.Angadi, Advocate) 3 AND: 1. The Special LA.O, Hipparagi Barriage, Athani. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani. ... Respondents (By Sri P.H.Gotkhindi, Government Pleader for R-1; Sri Shrikant J. Bhat, Advocate for R-2) This MFA is filed under Section 54(1) of LA Act, against the judgment and award dated 21.4.2006 passed in LAC No.48/2004 on the filed of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. M.F.A..No.9823/2007: BETWEEN: Sri Appasab Tammangouda PatH, Dead by L.Rs Mahadev Appasaheb Patil, R/o Doddawad, Tq: Athani, District: Belgaum. Appellant (By Sri B.M.Angadi, Advocate) AND: 1, The Spl. L.A.O, Hipparagi Barriage Project, Athani. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani. ... Respondents (By Sri P.H.Gotkhindi, Government Pleader for R-1; Sri G.K.Hiregoudar, Advocate for R-2) 4 This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 21.4.2006 passed in LAC No.45/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. M.F.A.No9824/ 2007: BETWEEN; Sri Gangappa Bhimappa Gurav, R/o Doddawad, Tq: Athani, District: Belgaum. Appellant (By Sri B.M.Angadi, Advocate) AND: 1. The SpI. L.A.O, Hipparagi Barriage, Athani. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani. ... Respondents (By Sri Ramesh N. Misale, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 2 1.4.2006 passed in LAC No.47/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. MFA.No.9825/2OO7: BETWEEN: 1. Sri Gopal Ramu Talawar. 2. Sri Hanumantha Ramu Talawar. 3. Sri Chanamalla Sabu Talawar. 5 4. Sri Giramalla Sabu Talawar. 5. Sri Parappa Sabu Talawar, All are R/o Doddawad, Tq: Athani, District: Belgaum. Appellants (By Sri B.M.Angadi, Advocate) AND: 1. The SpI. L.A.O, Hipparagi Barriage, Athani. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani. ... Respondents (By Sri Ramesh N. Misale, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 24.3.2006 passed in LAC No.35/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. M.F.A.No.9826/ 2007: BETWEEN: 1. Sri Sangappa Murigeppa Huddar. 2. Sri Rachappa Murigeppa Huddar. 3. Chanappa Murigeppa Huddar. All are R/o Doddawad Tq: Athani, District: Belgaum. Appellants (By Sri Mahantesh S. Hosmath, Advocate) 6 AND: 1. The SpI. LA.O, Hipparagi Barriage, Athani. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani, ... Respondents (By Sri Ramesh N. Misale, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 24.03.2006 passed in LAC No.31/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. M.F.A.No9828/ 2007: BETWEEN: Sri Sabu Bhimappa Talawar, R/o Doddawad, Tq: Athani, District: Belgaum. Appellant (By Sri B.M.Angadi, Advocate) AND: 1. The SpI. L.A.O, Hipparagi Barriage, Athani. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani. ... Respondents (By Sri Ramesh N. Misale, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 24.3.2006 passed in LAC No.33/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. 7 M.F.A.No.9934/ 2007: BETWEEN: 1. Sri Ramagonda Bhimmagonda Biradar. 2. Appasab Bhimagonda Biradar, Both are R/o, Doddawad, Tq: Athani, District: Belgaum. Appellants (By Sri B,M.Angadi, Advocate) AND: 1. The SpI. L.A.O, Hipparagi Barriage, Athani. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani. ... Respondents (By Sri P.H.Gotkhindi, Government Pleader or R-1; Sri Shrikant J. Bhat, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 24.3.2006 passed in LAC No.32/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. M.F.A.No.9937/2007: BETWEEN: 1. Hanumanth Allappa Huddar, Age: 54 years, 2. Smt. Parvathi Hanamanth Huddar, Age: Major. 8 Both are R/o Doddawad, Tq: Athani, District: Belgaum. Appellants (By Sri B.M.Angadi, Advocate) AND: 1. The S.L.A.O, Hipparagi Barriage, Athan i. 2. The Karnataka Niravari Nigam Ltd., Athani, District: Belgaum. ... Respondents (By Sri P.H.Gotkhindi, Government Pleader for R-1; Sri Ramesh N. Misale, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 21.7.2006 passed in LAC No.54/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. MFANo.11849/2OO7: BETWEEN: Shri Raghavendra © Shashikant Laxmanrao Kulkarni, Age: Major, Occupation: Agriculture, R/o Dodawad, Tal: Athani, District: Belgaum. Appellant (By Sri Mahantesh S. Hiremath, Advocate) AND: 1. The Special Land Acquisition Officer, Hipparagi Project, Athani, District: Belgaum. 9 2. The Assistant Executive Engineer, Karnataka Neeravari Nigam Limited, Athani, Tal: Athani, District: Belgaum. ... Respondents (By Sri P.H.Gotkhindi, Government Pleader for R-1; Sri Shrikanth J. Bhat, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 2 1.07.2007 passed in LAC No.17/2006 on the file of Civil Judge (SrDn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. MF.A.No.9935/ 2007: BETWEEN: Sri Chandar, 1/o. Balavva Madar, Age: 69 years, R/o Doddawad, Tq: Athani, District: Belgaum. Appellant (By Sri Mahantesh S. Hosmath, Advocate) AND: 1. The Spi L.A.O, Hipperagi Barriage, Athani. 2. The Karnataka Niravari Nigam Ltd., R R, H B C, Athani. ... Respondents (By Sri Narayanappa, Advocate for R-1; Sri Srikanth J. Bhat, Advocate for R-2) This r’1FA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 2 1.4.2006 passed in LAC No.46/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. 10 MFA.No.9936/2OO7: BETWEEN: 1. Bhimappa Basappa Huddar. 2. Gangappa Ramappa Huddar. Both are major, 0cc: Agriculture, Both are R/o Doddawad, Tq: Athani, District: Belgaum. Appellants (By Sri B.M.Angadi, Advocate) AND: 1. The S.L.A.0, Hipparagi Barriage, Athani. 2. The Karnataka Niravari Nigam Ltd., Athani, District: Belgaum. ... Respondents (By Sri P.H.Gotkhindi, Government Pleader for R-1; Sri Ramesh N. Misale, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 21.7.2006 passed in LAC No.38/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. MFANoj1äY2OO7: BETWEEN: *CQrrctj vide Cnaebr 1. Sn Annappa Allappa Huddar. dt12,2j2 2. Lakappa Parasappa Talvvar © Sanadi. to i3HJ Both are R/o Doddawad, Tq: Athani, District: Belgaum. Appellants (By Sri B.M.Angadi, Advocate) 11 AND: 1. The S.L.A.O, Hipparagi Barriage, Atha n i. 2. The Karnataka Niravari Nigam Ltd., Athani, District: Belgaum. ... Respondents (By Sri M. Narayanappa for R-1; Sri Shrikanth J. Bhat, Advocate for R-2) This MFA is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 21.07.2006 passed in LAC No.37/2004 on the file of Civil Judge (Sr.Dn.) Athani, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation. This MFA coming on for admission this day, the Court delivered the following: JUDGMENT Sri B.M. Angadi, the learned counsel for the appellants submits that in view of the Full Bench decision of this Court in the case of INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ETC v. SMTVARIJA AND OTHERS, reported in AIR 2011 KAR 73, these appeals have to be filed before the District Court, as the value of the subject matter is below 10,00,000/- (Rupees ten lakhs). I 4. a 4 12 2. The office is directed to return all the case papers to the appellants’ side for being re-presented to the District Court on 20.6.2011. Sd/ JUDGE MD 9