✦ High Court of India · 25 Apr 2019

M/S BAGALKOT CEMENT AND INDUSTRIES LTD., (EARLIER CALLED AS M/S KANORIA INDUSTRIES v. THE SPECIAL LAND ACQUISITION OFFICER

Case Details High Court of India · 25 Apr 2019

Court

High Court of India

Decided

25 Apr 2019

Bench

KRISHNA S DIXIT VIJAYKUMAR A PATIL

Length

3,573 words

(BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) …APPELLANTS AND: SMT. RUKMINIBAI W/O KRISHNARAO JORAPUR SINCE DECEASED BY HER LR’S

1. PRALHADARAO S/O KRISHNARAO JORAPUR AGE. MAJOR, R/O. BAGALKOT NOW AT R/O. CTS NO.248/B2 JORAPUR BIG HOUSE WARD NO.6, ADAT BAZAAR ROAD, NEAR SHARADA PNTG PRESS, BAGALKOT KARNATAKA-587101. P.A HOLDER FOR RESPONDENT 2 TO 6 BHIMASEN S/O. KRISHNARAO JORAPUR SINCE DECEASED BY HER LR’S

2. BHARATI W/O BHIMASEN @ BHIM JORAPUR AGE 64 YEARS, OCC. HOUSE WORK, NOW AT R/O. D-203, DEVRAJ CHS LTD., - 3 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS S.V. ROAD, NEAR HOTEL RATNA GOREGAON WEST MOTILAL NAGAR, MUMBAI, MAHARASTRA-400104.

3. SHRIDHAR S/O BHIMASEN @ BHIM JORAPUR AGE. 28 YEARS, OCC STUDENT, NOW AT R/O 203, DEVRAJ BLD. S.V. ROAD, NEAR RATNA HOTEL, GOREGAON WEST MUMBAI, MOTILAL NAGAR, BORIVALI MUMBAI SUBURBAN, MAHARASTRA-400104.

4. SMT. SUDHA @ RATNA W/O LATE MOHAN SARAF AGE MAJOR, NOW AT R/O W/O. MOHAN SARAF FLAT NO.15, PUSHPARAG BUILDING, GOSHALA ROAD, OPP GANESH SAHAKARI PAT PEDHI, MULUND WEST, MUMBAI, MAHARASTRA-400080.

5. SHRI RAMACHANDRA S/O KRISHNARAO JORAPUR AGE MAJOR NOW AT R/O. S/O KRISHNARAO JORAPURKAR, PLOT NO.09, GURUSAMPADA SOCIETY, BEHIND BHOSALA MILITRYA VANVIHAR COLONY, NASHIK MAHARASHTRA-422007.

6. SMT. VEDAVATI @ LAXMI W/O SRIDHAR GALAGALI R/O. BAGALKOR NOW AT LAKSHMI SREEDHARA GALAGALI W/O. SREEDHARA GALAGALI, B-102, RAMCHANDRA TOWER GANESH NAGAR, RAMACHANDRA COMPLEX NAVPADA, DOMBIVALI-WEST KALYAN, VISHNUNAGAR KALYAN THANE MAHARASHTRA-421202. (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) …RESPONDENTS THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND AWARD DTD 23.11.2018 PASSED IN LAC.NO.106/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FT. IN MISCELLANEOUS FIRST APPEAL NO. 103221 OF 2019 - 4 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS BETWEEN: M/S BAGALKOT CEMENT AND INDUSTRIES LTD., (EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED AND BAGALKOT UDYOG LIMITED) R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL). (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) AND:

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101. …APPELLANT

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101.

2. THE DEPUTY COMMISSIONER BAGALKOT-587101. …RESPONDENTS - 5 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT AND DECREE DATED 25TH APRIL 2019 OF THE HON’BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT IN LAC NO.63/2010 & ETC., IN MISCELLANEOUS FIRST APPEAL NO. 103223 OF 2019 BETWEEN: M/S BAGALKOT CEMENT AND INDUSTRIES LTD., (EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED AND BAGALKOT UDYOG LIMITED) R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL). (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) AND:

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101. …APPELLANT

2. THE DEPUTY COMMISSIONER BAGALKOT-587101. (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) …RESPONDENTS THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT AND DECREE DATED 25TH APRIL 2019 OF THE HON’BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT IN LAC NO.64/2010 & ETC., IN MISCELLANEOUS FIRST APPEAL NO. 103224 OF 2019 BETWEEN: M/S.BAGALKOT CEMENT AND INDUSTRIES LTD., (FORMERLY CEMENT DIVISION OF BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT 6 FLOOR, - 6 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400020, AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R. NIDASESHI. (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) AND:

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101.

2. THE DEPUTY COMMISSIONER BAGALKOT-587101. (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) …APPELLANT …RESPONDENTS THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT AND DECREE DATED 25TH APRIL 2019 OF THE HON’BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT IN LAC NO.65/2010 & ETC., IN MISCELLANEOUS FIRST APPEAL NO. 103225 OF 2019 BETWEEN: M/S BAGALKOT CEMENT AND INDUSTRIES LTD., (EARLIER CALLED AS M/S KANORIA INDUSTRIES LTD AND BAGALKOT UDYOG LIMITED) R/BY. SHRI ABBAS R. NIDASESHI MANAGER (LEGAL). (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) AND:

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101. …APPELLANT - 7 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101. …APPELLANT

2. THE DEPUTY COMMISSIONER BAGALKOT-587101. (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) …RESPONDENTS THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT AND DECREE DATED 25TH APRIL 2019 OF THE HON’BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT IN LAC NO.67/2010 & ETC., IN MISCELLANEOUS FIRST APPEAL NO. 103227 OF 2019 BETWEEN: M/S BAGALKOT CEMENT AND INDUSTRIES LTD., (EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED AND BAGALKOT UDYOG LIMITED) - 8 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS R/BY. SHRI ABBAS K. NIDASESHI MANAGER (LEGAL). (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) …APPELLANT AND:

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101.

2. THE DEPUTY COMMISSIONER BAGALKOT-587101. (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) …RESPONDENTS THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT AND DECREE DATED 25TH APRIL 2019 OF THE HON’BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT IN LAC NO.68/2010 & ETC., IN MISCELLANEOUS FIRST APPEAL NO. 103228 OF 2019 BETWEEN: M/S.BAGALKOT CEMENT AND INDUSTRIES LTD., (FORMERLY CEMENT DIVISION OF BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT 6 FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400020, AND ITS MANUFACTURING UNIT AT BAGALKOT-587111 REPRESENTED BY ITS MANAGER LEGAL AND AUTHORIZED REPRESENTATIVE MR.A.R. NIDASESHI. (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) AND:

1. THE SPECIAL LAND ACQUISITION OFFICER …APPELLANT - 9 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101.

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101.

2. THE DEPUTY COMMISSIONER BAGALKOT-587101. (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) …RESPONDENTS THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT AND DECREE DATED 25TH APRIL 2019 OF THE HON’BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT IN LAC NO.413/2012 & ETC., IN MISCELLANEOUS FIRST APPEAL NO. 103230 OF 2019 BETWEEN: - 10 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS M/S BAGALKOT CEMENT AND INDUSTRIES LTD., (EARLIER CALLED AS KANORIA INDUSTRIES LTD AND BAGALKOT UDYOG LIMITED) R/BY. SHRI ABBAS K. NIDASHESHI MANAGER (LEGAL). (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) …APPELLANT AND:

1. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT (UKP) BAGALKOT-587101.

2. THE DEPUTY COMMISSIONER BAGALKOT-587101. (BY SRI. KESHAVAREDDY, AAG FOR …RESPONDENTS - 11 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS SRI. V.S. KALASURMATH, HCGP) THIS MFA IS FILED U/SEC.54 OF LAND ACQUISITION ACT, 1894, PRAYING TO, ALLOW THIS APPEAL AGAINST THE JUDGMENT AND DECREE DATED 25TH APRIL 2019 OF THE HON’BLE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., BAGALKOT IN LAC NO.415/2012 & ETC., IN MISCELLANEOUS FIRST APPEAL NO. 101406 OF 2020 BETWEEN:

1. THE SPECIAL LAND ACQUISITION OFFICER AND UPPER KRISHNA PROJECT, BAGALKOT-587103.

2. DEPUTY COMMISSIONER, BAGALKOT-587103. (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) AND: …APPELLANTS BAGALKOT CEMENT AND INDUSTRIES LIMITED (EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED AND BAGALKOT UDYOG LIMITED) R/BY SRI. ABBAS. K. NIDASHESHI MANAGER (LEGAL)587103 …RESPONDENT (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND AWARD DTD.25.04.2019 PASSED IN LAC.NO.61/2010 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT, AWARDING COMPENSATION OF RS.90/- PER SQ. FEET. IN MISCELLANEOUS FIRST APPEAL NO. 101407 OF 2020 BETWEEN:

1. THE SPECIAL LAND ACQUISITION OFFICER AND UPPER KRISHNA PROJECT, BAGALKOT-587103.

2. DEPUTY COMMISSIONER, BAGALKOT-587103. …APPELLANTS - 12 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) AND: BAGALKOT CEMENT AND INDUSTRIES LIMITED (EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED AND BAGALKOT UDYOG LIMITED) R/BY SRI. ABBAS. K. NIDASHESHI MANAGER (LEGAL)587103. …RESPONDENT (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND AWARD DTD.25.04.2019 PASSED IN LAC.NO.67/2010 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT, AWARDING COMPENSATION OF RS.90/- PER SQ. FEET. IN MISCELLANEOUS FIRST APPEAL NO. 101408 OF 2020 BETWEEN:

1. THE SPECIAL LAND ACQUISITION OFFICER & UPPER KRISHNA PROJECT, BAGALKOT.

2. THE STATE OF KARNATAKA R/BY DEPUTY COMMISSIONER BAGALKOT. (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) AND: BAGALKOT CEMENT AND INDUSTRIES LIMITED (EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED AND BAGALKOT UDYOG LIMITED) R/BY SRI. ABBAS.K. NIDASHESHI MANAGER(LEGAL) (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) …APPELLANTS …RESPONDENT THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND AWARD DTD 25.04.2019 PASSED IN LAC.NO.412/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FEET. - 13 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS IN MISCELLANEOUS FIRST APPEAL NO. 101409 OF 2020 BETWEEN:

1. THE SPECIAL LAND ACQUISITION OFFICER AND UPPER KRISHNA PROJECT, BAGALKOT.

2. THE STATE OF KARNATAKA R/BY DEPUTY COMMISSIONER BAGALKOT. …APPELLANTS (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) AND: BAGALKOT CEMENT AND INDUSTRIES LIMITED (EARLIER CALLED AS M/S KANORIA INDUSTRIES LIMITED AND BAGALKOT UDYOG LIMITED) R/BY SRI. ABBAS K. NIDASHESHI MANAGER(LEGAL) (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) …RESPONDENT THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND AWARD DTD 25.04.2019 PASSED IN LAC.NO.413/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FEET. IN MISCELLANEOUS FIRST APPEAL NO. 101494 OF 2020 BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER AND UPPER KRISHNA PROJECT, BAGALKOT. …APPELLANT (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) AND:

1. SHIVANANDA S/O NINGAPPA NINGANUR AGE MAJOR, R/O HAVERI, TQ AND DIST : BAGALKOT. - 14 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS

2. SHRISHAILA S/O MARURI DALAWAI AGE 57 YEARS, OCC BUSINESS AND AGRICULTURE, R/O JAMKHANDI, NOW AT BAGALKOT, DIST. BAGALKOT. (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) …RESPONDENT THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND AWARD DTD 14.11.2019 PASSED IN LAC.NO.354/2003 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FEET. IN MISCELLANEOUS FIRST APPEAL NO. 101999 OF 2020 BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER & UPPER KRISHNA PROJECT, BAGALKOT. (BY SRI. KESHAVAREDDY, AAG FOR SRI. V.S. KALASURMATH, HCGP) AND: MALLIKARJUN S/O CHANDRASHEKHARAYYA CHIRANTIMATH AGE MAJOR, R/O BAGALKOT. …APPELLANTS (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL FOR SRI. S.B. HEBBALLI, ADVOCATE) …RESPONDENT THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND AWARD DTD 26.02.2010 PASSED IN LAC.NO.418/01 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR DN), BAGALKOT, AWARDING COMPENSATION OF RS. 90/- PER SQ. FEET. THESE APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 15 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT) The subject matter of these appeals are substantially similar to the ones treated by a Co-ordinate Bench of this Court in M.F.A. No.102892/2019 (LAC) between M/s Bagalkot Cement & Industries Ltd., V. Special Land Acquisition Officer, Bagalkot Town Development Authority connected with other similar matters, disposed off on

07.07.2023. Paragraphs 13 & 14 which both the sides vociferously read out, have the following text: “13. The matter therefore stands remanded back to the Reference Court specifically for the purpose of looking into the mining licence/permission and other relevant documents issued by competent authority in terms of Rule 32 of the Rules, 1994 or any other Rules prior to the said Rules, holding the field, since admittedly mining licence was granted in favour of the appellant, first in the year

1970. The Reference Court shall find out as to whether the competent authority, while granting the mining licence in favour of the appellant collected - 16 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS 'Average Additional Periodic Payment' in addition to the royalty, as provided in sub-rule (10) of Rule 32. If it is found that such Average Additional Periodic Payment was collected while issuing the licence in favour of the appellant, then it can be concluded that the mineral rights of the limestone deposits in the lands in question or any other minor mineral did not vest with the appellant. On the other hand, if such Average Additional Periodic Payment was not collected, then it can be concluded that the competent authority and the State have admitted to the appellant's mineral rights of the minor minerals in the lands in question. After arriving at such decision, the Reference Court may proceed to consider the claim of the appellant for award of compensation in respect of the limestone deposits in the acquired land and pass a judgment in accordance with law.

14. While reconsidering the material already available on record, if the Reference Court feels that sufficient information is not available which would throw light on whether the competent authority has levied and collected the Average Additional Periodic Payment or not, the Reference Court may call upon the parties to lead further evidence and place additional evidence on record.” - 17 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS

2. Both the sides, in all fairness, submit that similar orders be passed remanding the matter to the portal of Reference Court for consideration afresh keeping open all contentions to the parties. Learned Senior Counsel Mr. Anant Mandgi notifies to us that the Co-ordinate Bench Judgment, more particularly, paragraphs 11 & 13 needed some clarification and therefore, a motion is made before Bench. Be that as it may; suffice it to say that the clarification that may be granted in the said decision would be applicable to these cases as well, as if it is a part of our judgment as well. In the above circumstances, these appeals are allowed in part; the impugned common judgment & award dated 25.04.2019 passed in L.A.C. No.61/2010 clubbed with L.A.C. Nos.62 to 68 of 2010 & 412 to 415 of 2012 by the II Additional Senior Civil Judge & JMFC, Bagalkot, are set aside; cases are remanded to his portal consideration afresh keeping open all contentions of the - 18 - NC: 2024:KHC-D:13671-DB MFA No. 103220 of 2019 C/W MFA No. 102286 of 2019 AND 17 OTHERS parties. The remand be heard and disposed off within an outer limit of six months. Parties through their counsel are put on notice to appear before the Reference Court on 21st October 2024 and seek instructions at the hands of learned Reference Judge. It is made clear that the contentions taken up by the Government in its appeals are also to be treated in the remand in accordance with law. Registry is directed to refund the entire court fee to the appellants. Costs made easy. Sd/- (KRISHNA S.DIXIT) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE KMS LIST NO.: 1 SL NO.: 33

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