Karnataka High Court
The Special Land Acquisition Officer vs Sangappa Adiveppa Balikai on 2 July, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:9004-DB
MFA No. 101793 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.101793 OF 2019 (LAC)
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT,
BILAGI, TQ: BILAGI.
2. THE STATE OF KARNATAKA,
REPRESENTED BY DEPUTY COMMISSIONER,
NAVANAGAR, BAGALKOT,
- APPELLANT
(BY SRI MADANMOHAN M.KHANNUR, AGA)
AND:
SANGAPPA ADIVEPPA BALIKAI,
AT POST, ROLLI, TQ. BILAGI,
DIST. BAGALKOT-587116.
- RESPONDENT
(BY SRI SAJID GOODWALA, ADVOCATE FOR
Digitally signed
by VINAYAKA B V SRI JAGADISH PATIL, ADVOCATE)
Location: HIGH
COURT OF THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
KARNATAKA
SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894, PLEASED TO
SET ASIDE THE JUDGMENT AND AWARD DATED 06.07.2018 IN
L.A.C. NO.4/2013 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC,
BILAGI IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, S G PANDIT, J., DELIVERED THE
FOLLOWING:
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NC: 2024:KHC-D:9004-DB
MFA No. 101793 of 2019
JUDGMENT
The appellant/Special Land Acquisition Officer is before this Court in this appeal u/S 54(1) of the Land Acquisition Act, 1894 (for short 'Act') questioning the judgment and award dated 06.07.2015 in LAC No. 4/2013 on the file of Senior Civil Judge & JMFC, Bilagi, praying for reduction of market value.
2. Heard Sri Madanmohan M. Khannur, learned AGA for appellants and Sri Sajid Goodwala, for Sri jagadish Patil, appearing for the respondent/landloser.
3. Appellant issued notification u/S 4(1) of the Act to acquire large extent of land including the land of the respondent/ land loser under notification dated 08.01.1997. Award was passed on 06.11.2012 determining the market value of land at Rs.1,56,506/- per acre. Respondent/land loser not being satisfied with the same sought reference and on reference, under the impugned judgment and award the Reference Court fixed the market value of the land at Rs.5,75,000/- per acre for pomegranate growing land apart from awarding compensation on the trees standing on the land.
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NC: 2024:KHC-D:9004-DB MFA No. 101793 of 2019
4. Sri Madanmohan M. Khannur, learned AGA would contend that the market value determined by the Reference Court is on the higher side and there is no material placed on record by the respondent/ land loser for determination of the land value at Rs.5,75,000/- per acre. Learned counsel would further submit that the Reference Court committed grave error in placing reliance on the decision of this Court in M.F.A. No. 2968/2007 c/w M.F.A. CROB. No. 313/2007 dated 02.12.2008.
5. Per contra, Sri Sajid Goodwala, learned counsel appearing for the respondent/ land loser would submit that the Reference Court taking note of the fact that the respondent/ land loser was growing pomegranate and drumstick and considering the trees standing on the land determined Rs.5,75,000/- per acre as value of the land and also granted compensation for the standing trees. Learned counsel would submit that the Reference Court rightly placed reliance on the judgment of this Court dated 02.12.2008 in M.F.A. No. 2968/2007 c/w M.F.A. CROB. No. 313/2007 wherein land pertained to LAC No.80/2005 arising out of the same notification and the same year. Notification u/S 4(1) of the Act in the present case is 08.01.1997 whereas preliminary notification u/S 4(1) of the Act -4- NC: 2024:KHC-D:9004-DB MFA No. 101793 of 2019 in M.F.A. No. 2968/2007 was 20.01.2007. The villages involved in both the appeals are one and the same, i.e., Rolli village and the purpose of acquisition was for Upper Krishna project. Thus he submits that in terms of the judgment in M.F.A. No. 2968/2007 c/w M.F.A. CROB No. 313/2007, the present appeal is liable to be dismissed.
6. The land in question i.e., Sy. No. 142/3 to an extent of 1 acre 23 guntas of Rolli village, Bilagi Taluk was notified for acquisition u/S 4(1) of the Act dated 08.01.1997, award was passed on 06.11.2012 determining the market value at Rs.1,56,506/-. On reference determined market value at Rs.5,75,000/- per acre apart from awarding compensation on standing trees.
7. This Court had an occasion to consider the acquisition of land from the same village, i.e., Rolli village, for the same purpose, i.e., Upper Krishna Project, in M.F.A. No. 2968/2007 in respect of notification dated 28.01.1997 and in the said appeal this Court determined market value of the land at Rs.5,75,000/- per acre wherein also in the said land pomegranate was grown. The said judgment dated 02.12.2008 -5- NC: 2024:KHC-D:9004-DB MFA No. 101793 of 2019 in M.F.A. No. 2968/2007 c/w M.F.A. CROB. No. 313/2007 has become final since no appeal is filed against the said judgment.
8. The State is not in a position to substantiate their contention as to why the market value determined at Rs.5,75,000/- based on the earlier judgment of this Court dated 02.12.2008 in M.F.A. No. 2968/2007 c/w M.F.A. CROB. No. 313/2007 is not correct. When this Court has already determined the market value of a similar land wherein similar crop is grown, for the notification of the same year 1997, we are not inclined to interfere with the judgment and award under challenge wherein also it involved land of the same village, i.e., Rolli village, and acquisition is also of the same year.
9. No ground is made out to interfere with the impugned judgment and award. Accordingly, the appeal stands dismissed.
Pending applications, if any, also stand rejected.
Sd/-
JUDGE Sd/-
JUDGE BVV/List No.: 1 Sl No.: 16