FORM ' D ' SEE RULE 10 -
THIS AGREEMENT made this Twenty-fourth day of August 1989 ( 24 - 08 - 1989 ) between Sri . N. Shivanna Hon. Treasurer, Karnataka State Judicial Department employees House Building Co-operative Society Ltd., High Court Building, Bangalore - 560 001. GPA Holder of Munishamappa alias Munisamy alias Kenchappa S/o. Late Pillappa aged about 60 years residing at Allalasandra Village Yelahanka Hobli, Bangalore North Taluk hereinafter called 'the owner' which expression shall unless repugnant with the context of meaning there of includes his heirs, executors and administrators of the one part and the Governor of Karnataka hereinafter called 'the Government' of the other part . Whereas the owner is absolutely seize and the possession of or otherwise well and sufficiently entitled to the piece of the parcel of the land measuring Tow Acres Thirty-five Guntas ( 2A - 35G ) in Sy. No. 89/2, part of Allasandra Village, Yelahanka Hobli, Bangalore North Taluk, Bangalore District.
WHEREAS THE said piece and parcel of land has been notified for acquisition under the provision of Land Acquisition Act, 1894 as amended from time to time for the Karnataka State Judicial Department Employees House Building Co-operative Society Ltd., Bangalore and possession thereof has been taken by the Government duly serving notices under the provisions of the said Act, and whereas Section 11(2) of the Land Acquisition Act 1894 read with Rule 10-B of the Karnataka Acquisition ( Amendment )Rules 1896 provides that where the amount of compensation has been determined by Agreement, between, the State Government and the person/s to be compensated, it shall be paid in accordance with such agreement. And Whereas the Khatedar/ Anubhavadar of the above said land has agreed to receive compensation at Rs. 2,87,500/- (Rupees Two lakh eighty seven thousand and five hundred only ) representing the compensation payable tot he owner determined by the Land Acquisition Officer, as required under the said Act and Rules. And whereas Govt. has agreed at the request of the owner to pay tot he owner a sum of Rs. 2,87,500/- (Rupees Two lakh eighty seven thousand and five hundred only ) representing the full compensation payable to the owner, which is inclusive of cost of land, structures, trees, other developmental works, the full compensation payable to the owners which is inclusive of cost of land structures, trees, other developmental works, salatium interest and other items relevant for determination compensation and the owner agreeing to execute a bond in the a manner hereinafter appearing.
Now therefore, in consideration of the sum of amount for the land Rs. 2,87,500/- (Rupees Two lakh eighty seven thousand and five hundred only ) paid by the Government through the above said HBCS to the owner ( the receipt the owner hereby acknowledges ) the other hereby agrees with the Government as follows:-
(1) The Owner has received the sum of Rs. Rs. 2,87,500/- (Rupees Two lakh eighty seven thousand and five hundred only ) in full settlement of all his claims in the above lands acquired.
(2) If hereafter it transfers that the owner is not entitled at all or is not exclusively entitled to the entire amount of compensation payable in respect of the said property or if the Government shall be required to pay the compensation to any other person the owner shall on demand, refund tot he Government shall of demand, refund to the Government the said sum for lands for the land of Rs. 2,87,500/- (Rupees Two lakh eighty seven thousand and five hundred only ) or such lesser sum as may be determined as refundable by him to Government and shall also Indemnity the Government against any loss or damage suffered or any cost, charges or expenses incurred by Government by reason of the payment to him.
(3) Without prejudice to any other remedies for the enforcement of any refund or indemnity the Government may recover any sum due under this agreement as arrears of land revenue.
IN WITNESS WHEREOF the parties have set their hands the day and year first above written:
behalf of and under the Direction of the Governor of Karnataka.