Dyavamma since dead by LRs v. Special Land Acquisition Officer
2022-01-31
P.S.DINESH KUMAR, RAJENDRA BADAMIKAR
body2022
DigiLaw.ai
ORDER : Dinesh Kumar, J. This appeal seeking enhancement of compensation is presented on 17.04.2015 with a delay of 304 days. A peremptory order was passed on 13.11.2015 granting a week’s time to comply with office objections. It was not complied with. As per that order, the appeal stood dismissed. Thereafter, I.As.No.1 & 2 of 2016 were filed seeking recalling of Order dated 13.11.2015. On 16.11.2016, again four weeks time was granted peremptorily to comply with office objections, failing which, I.As.No.1 & 2 would stand dismissed. Yet objections were not complied with. Now, I.A.No.2/2017 has been filed belatedly after 185 days for condonation of delay in filing I.A.No.1/2017 to recall the Order dated 16.11.2016. 2. Shri Narendra Gowda, Learned Advocate for the appellants prays for some more time to cure the defects. 3. In the appeal, claimants are seeking enhancement of compensation by challenging common judgment and decree dated 07.03.2014 passed by the Additional Senior Civil Judge, Hassan. This appeal itself has been filed after lapse of nearly one year and it is pending since 2015 for compliance of objections raised by the Registry. Though two peremptory orders have been passed, office objections have not been cured. In the event of this appeal being allowed on merits, the State Government will have to pay interest and other benefits for the period between 07.03.2014 and the date of compliance for no fault of the Government. 4. To meet ends of justice, we deem it appropriate to permit the Learned Advocate for the appellants to comply with office objections and to prosecute the appeal subject to two conditions. Firstly, by denying of interest and other benefits from 07.03.2014 till date of full compliance. Secondly, payment of cost of Rs. 10,000/- to the Registrar General, High Court of Karnataka, Bengaluru. 5. Accordingly, four weeks time is granted peremptorily to comply with office objections subject to payment of cost of Rs. 10,000/- to the Registrar General, High Court of Karnataka, Bengaluru, and denial of interest and other benefits from 07.03.2014 till the date of curing all defects/office objections. Call on 28.02.2022.