S.P. Krishnappa and Ors. Vs. Secy., Deptt.of Revenue and Ors.
EmailAppeal: CIVIL APPEAL NO. 373 OF 2016
Petitioner: S.P. Krishnappa and Ors.
Respondent: Secy., Deptt.of Revenue and Ors.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Jan 19, 2016
JUDGEMENT:
NON-REPORTABLE CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 373 OF 2016 (Arising out of S.L.P.(Civil) No.4185/2007)
|S.P. Krishnappa & Ors. |.. Appellant(s) |
Versus
|Secy., Deptt.of Revenue & Ors. |.. Respondent(s) |
WITH CIVIL APPEAL NO.374/2016 @ SLP(C) No.4186/2007 CIVIL APPEAL NO.375/2016 @ SLP(C) No.5060/2007 CIVIL APPEAL NO.376/2016 @ SLP(C) No.5061/2007 CIVIL APPEAL NO.377/2016 @ SLP(C) NO.5077/2007 CIVIL APPEAL NO.378/2016 @ SLP(C) No.5160/2007 CIVIL APPEAL NO.379/2016 @ SLP(C) No.31547/2008
J U D G M E N T
KURIAN J.
Leave granted in all the matters.
(2) Heard learned Counsel for the parties.
(3) The land acquisition has always been causing serious heart burn to the owners. It is all the more so when they realise after a few years that the value of their land has skyrockated. The land owners before this Court belong to this category and they have been litigating for quite long. Thanks to the cooperation extended by the learned counsel appearing for the parties we feel to some extent atleast equities can be worked out and that the disputes can be given quietus once for all. Having thus extensively heard the learned counsel for the parties, we are of the view that the interest of justice would be served and complete justice would also be done in case the following order is passed in these cases. The appellants-land owners will be allotted a site of 4000 sq.ft free of cost in Marasandra Malur Taluk per acre or part thereof not exceeding 50 cents. The plots thus allotted shall be free from all encumbrances. We make it clear that in view of the order which is passed by us there should not be any further litigation between the parties with regard to their claims, interest or possession of the land in question. The registration charges shall be borne by the allottees. The needful will be done within three months. We make it clear that the benefit of this order will not be available to the appellants in Civil Appeal No.374/2016 @ SLP(C) NO.4186/2007, since the equity has already been meted out by the release of certain extent of land in their favour before the High Court. (4) The appeals are disposed of with no order as to costs. In Civil Appeal No.374/2016 @ SLP(C) No.4186 & Civil Appeal No.379/2016 @ SLP(C) No.31587/2008:
Having regard to the orders passed by us in Civil Appeal No.373/2016 @ SLP(C) no.4185/07 etc. we do not think that either in law or in equity the parties are entitled to any relief in these appeals. Therefore, these appeals are dismissed.
………………..J. [ KURIAN JOSEPH ]
……………….J. [ROHINTON FALI NARIMAN] NEW DELHI, JANUARY 19, 2016.
CIVIL APPEAL NO. 373 OF 2016 (Arising out of S.L.P.(Civil) No.4185/2007)
|S.P. Krishnappa & Ors. |.. Appellant(s) |
Versus
|Secy., Deptt.of Revenue & Ors. |.. Respondent(s) |
WITH CIVIL APPEAL NO.374/2016 @ SLP(C) No.4186/2007 CIVIL APPEAL NO.375/2016 @ SLP(C) No.5060/2007 CIVIL APPEAL NO.376/2016 @ SLP(C) No.5061/2007 CIVIL APPEAL NO.377/2016 @ SLP(C) NO.5077/2007 CIVIL APPEAL NO.378/2016 @ SLP(C) No.5160/2007 CIVIL APPEAL NO.379/2016 @ SLP(C) No.31547/2008
J U D G M E N T
KURIAN J.
Leave granted in all the matters.
(2) Heard learned Counsel for the parties.
(3) The land acquisition has always been causing serious heart burn to the owners. It is all the more so when they realise after a few years that the value of their land has skyrockated. The land owners before this Court belong to this category and they have been litigating for quite long. Thanks to the cooperation extended by the learned counsel appearing for the parties we feel to some extent atleast equities can be worked out and that the disputes can be given quietus once for all. Having thus extensively heard the learned counsel for the parties, we are of the view that the interest of justice would be served and complete justice would also be done in case the following order is passed in these cases. The appellants-land owners will be allotted a site of 4000 sq.ft free of cost in Marasandra Malur Taluk per acre or part thereof not exceeding 50 cents. The plots thus allotted shall be free from all encumbrances. We make it clear that in view of the order which is passed by us there should not be any further litigation between the parties with regard to their claims, interest or possession of the land in question. The registration charges shall be borne by the allottees. The needful will be done within three months. We make it clear that the benefit of this order will not be available to the appellants in Civil Appeal No.374/2016 @ SLP(C) NO.4186/2007, since the equity has already been meted out by the release of certain extent of land in their favour before the High Court. (4) The appeals are disposed of with no order as to costs. In Civil Appeal No.374/2016 @ SLP(C) No.4186 & Civil Appeal No.379/2016 @ SLP(C) No.31587/2008:
Having regard to the orders passed by us in Civil Appeal No.373/2016 @ SLP(C) no.4185/07 etc. we do not think that either in law or in equity the parties are entitled to any relief in these appeals. Therefore, these appeals are dismissed.
………………..J. [ KURIAN JOSEPH ]
……………….J. [ROHINTON FALI NARIMAN] NEW DELHI, JANUARY 19, 2016.
