S.P. KRISHNAPPA & ORS. Vs. SECY., DEPTT. OF REVENUE & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 373 of 2016, Judgment Date: Jan 19, 2016

                                                        NON-REPORTABLE
                    IN THE  SUPREME COURT OF INDIA

                    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.