NARASIMHAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned counsel for the petitioner submits that a general award has been passed only on the ground that the petitioner was absent when the matter was heard by the Special Land Acquisition Officer for award of compensation, as could be seen in the discussions made in the general award dtd. 6/6/2023 at Annexure-A. Learned counsel submits that this Court has held in several matters including the recent decision in the case of Harisha.R /vs./ State of Karnataka and others in W.P.No.12703/2023 dtd. 27/6/2023 following an earlier decision in W.P.No.6198/2015, that the land loser would be entitled for a better price as compensation instead determination under a general award. As a consequence all such matters where it was found that a general award was passed only on some technical ground that the land loser was not present at the time of hearing or such other technical reasons, this Court was of the considered opinion that since the land loser would get a better price if the compensation is awarded in terms of the agreement and not under a general award, the award may be passed in terms of an agreement. Therefore, the learned counsel submits that similar benefit should be given to the petitioner.

(2.) On going through several of the following judgments which were rendered by this Court:

(3.) Consequently, the following: