LAWS(KAR)-2009-12-80

MALLAPPA BIJAPUR Vs. C D EMANUEL BIJAPUR

Decided On December 03, 2009
MALLAPPA, BIJAPUR Appellant
V/S
C.D.EMANUEL, BIJAPUR Respondents

JUDGEMENT

(1.) THIS contempt petition has its origin in a common award dated 7.4.1999 passed by the Special Land Acquisition Officer, Upper Krishna Project, Almatti, in respect of a good number of lands acquired pursuant to a notification dated 3.10.1996, issued under Section 4(1) of The Land Acquisition Act.

(2.) THE main award, though was a consent award and the matter should have come to an end with that, it still kept a window open to the land owners as, the structures/sheds, permanent or temporary, located on the lands were not valued for the purpose of awarding compensation, but that was deferred to be done in a supplemental award after receiving necessary inputs relating to the nature of the structures, age, durable or temporary, etc.

(3.) PERHAPS this would have been so, but for the fact that we notice even from the supplemental award that while a number of persons, 21 in number, who got some compensation in respect of the structures which were located on their lands were consenting parties to the award, there were a good number of others, around a hundred in number, in whose favour no additional compensation was awarded, were not even shown to be present nor consented for rejection of their claims for payment of compensation regarding structures.