Karnataka High Court
Nagangouda S/O Mallannagouda vs The Asst.Commissioner And Anr on 27 June, 2024
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NC: 2024:KHC-K:4342
MSA No. 200062 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
MISCL SECOND APPEAL NO.200062 OF 2017 (LAC)
BETWEEN:
NAGANGOUDA
S/O MALLANNAGOUDA
AGE: ABOUT 69 YEARS
OCC: AGRICULTURE
R/O. NALWAR VILLAGE-585218
TQ. CHITTAPUR, DIST. KALABURAGI.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. THE ASST. COMMISSIONER AND
LAND ACQUISITION OFFICER
Digitally signed
by SWETA SEDAM-585 222
KULKARNI DIST. KALABURAGI.
Location: High
Court of
Karnataka 2. EXECUTIVE ENGINEER
PWD SUB-DIVISION
OLD JEWARGI ROAD
KALABURAGI-585 102.
...RESPONDENTS
(BY SMT. ARCHANA P.TIWARI, AAG AND
SRI RAJKUMAR A. KORWAR, HCGP FOR R1 AND R2)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS AND THE JUDGMENT AND AWARD DATED 29.01.2010
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NC: 2024:KHC-K:4342
MSA No. 200062 of 2017
PASSED BY THE III ADDL. DISTRICT JUDGE KALABURAGI IN
LACA NO.24/2009, BE MODIFIED BY ENHANCING THE AMOUNT
OF COMPENSATION AT RS.1,11,600/- PER ACRE WITH ALL
STATUTORY BENEFITS AND WITH PROPORTIONATE COSTS.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimants are before this Court seeking enhancement challenging the judgment and award in LACA No.24/2009 modifying the judgment and award in LAC No.521/2002 and awarding enhanced compensation of Rs.66,000/- per acre as against Rs.38,000/- per acre awarded by the Reference Court with all Statutory benefits.
2. The claimant/appellant is the owner of land Sy.No.462/B measuring 1 acre 38 guntas situated Nalwar village, Taluka Chittapur, District Kalaburagi. The said land was acquired by the respondents under preliminary notification under Section 4(1) of the Land Acquisition Act (for short "Act") dated 21.01.1997 for the purpose of laying the road from Chittapur to Yadagiri. The SLAO- -3-
NC: 2024:KHC-K:4342 MSA No. 200062 of 2017 respondent No.1 determined the market value and passed award at Rs.19,000/- per acre, as dry land. On protest the claimant/appellant preferred reference under Section 28(A) of the Act and the matter was referred to the Civil Court in LAC No.521/2002.
3. The Reference Court enhanced the compensation of the acquired land at Rs.38,000/- per acre as dry land with all statutory benefits. Appeal was preferred in LACA No.24/2009 seeking further enhancement of compensation by the claimant. The First Appellate Court determined and enhanced the compensation at Rs.66,000/- per acre for the dry land. Seeking further enhancement, the claimant is before this Court.
4. Heard Sri Nagaraj Patil, learned counsel for the claimant/appellant, Smt. Archana P. Tiwari, learned AAG Sri Rajkumar A Korwar, learned HCGP for the State. -4-
NC: 2024:KHC-K:4342 MSA No. 200062 of 2017
5. Learned counsel for the appellant placed reliance on the judgment of the I Additional District Judge, Kalaburagi in the case of Mohd. Ibrahim, since dead by LR vs. The Land Acquisition Officer and Asst. Commissioner, Sedam (Mohd. Ibrahim) passed in LACA No.326/2015 and connected matters dated 30.12.2016. Learned counsel, placing reliance on the said decision stated supra, contended that similarly situated land in the same village under the similar notification dated 21.01.1997 for similar purpose of formation of Chittapur-Yadagiri road, the appellate Court has awarded compensation of Rs.6,53,400/- for dry land with all statutory benefits. Learned counsel submits that the award of the appellate Court has been already satisfied by the respondent - Government.
6. Appellant's counsel places on record the map of the village Nalwar to indicate the location of the appellant's land Sy.No.462/B and survey number of the appellants in Mohd. Ibrahim's case stated supra. -5-
NC: 2024:KHC-K:4342 MSA No. 200062 of 2017
7. Learned Additional Advocate General Smt. Archana P. Tiwari submits that there is no evidence to the effect that the lands in LACA No.326/2015 and connected matters are similarly placed to the appellant's lands and in the absence of the same, the appellant would not be entitled for the compensation as awarded in LACA No.326/2015 and connected matters and sought for dismissal of the appeal.
8. This Court has carefully considered the rival contentions urged by the learned counsel for the parties and perused the material on record including the sketch produced by the appellant showing the location of the acquired land.
9. Preliminary notification under Section 4(1) of the Act was published in the final gazette on 21.01.1997. The Land Acquisition Officer passed an award at the rate of Rs.19,000/- per acre. The Reference Court awarded compensation at Rs.38,000/- per acre for dry land with all statutory benefits and the first appellate Court by applying -6- NC: 2024:KHC-K:4342 MSA No. 200062 of 2017 the earlier judgment awarded Rs.66,000/- per acre. Seeking enhancement, the appellant is before this Court.
10. The appellant is the owner of the land in Sy.No.462/B measuring 1 acre 38 guntas situated at village Nalwar, taluk and district Kalaburagi. The District Court, in Mohd. Ibrahim's case stated supra under the similar notification dated 21.01.1997 for the similar project of widening Chittapur-Yadagiri road for the lands Sy.Nos.472, 473, 470(Aa), 470(A), 407/1 and 407/2, situated at Nalwar Village, looking into the feasibility of the land, the map of the village and considering that the adjoining land owner of Sy.No.463 had already converted the land into non-agriculture plots, further considering that the lands acquired by the appellant are by the side of the State Highway and also taking note of the location of the land and the ending potentiality, has awarded compensation to the appellants therein at Rs.6,53,400/-. It is brought to the notice of the Court that the State has already satisfied the claim in the aforesaid appeals and the -7- NC: 2024:KHC-K:4342 MSA No. 200062 of 2017 order dated 30.11.2016 passed in Mohd. Ibrahim's case stated supra has attained finality.
11. In the instant case, the appellant herein has produced the map of Nalwar Village, the location of Sy.No.462 the acquired land of the appellant herein is just adjoining to Sy.Nos.470, 472, 473, 407 as well as Sy.No.463, which is already been converted into N.A. use. In the light of the same, appellant is entitled for compensation as awarded to the owners of adjoining lands in the case of Mohd. Ibrahim stated supra. In the said circumstances, the appeal of the claimant needs to be allowed and compensation of the appellant is fixed at Rs.6,53,400/- with all statutory benefits and the decision of Mohd. Ibrahim's case is squarely applicable to the present facts.
12. For the foregoing reasons, this Court pass the following:
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NC: 2024:KHC-K:4342 MSA No. 200062 of 2017 ORDER
(i) The appeal of the claimant is allowed with costs.
(ii) The appellant is entitled for enhanced compensation of Rs.6,53,400/- per acre as against Rs.66,000/- awarded by the first appellate Court, with interest and all statutory benefits thereon as per the laws and rules. However, it is made clear that the appellant is not entitled for interest for the delayed period before this Court as well as before the first appellate Court.
(iii) The deficit Court fee, if any, to be paid within six weeks.
Sd/-
JUDGE SWK List No.: 1 Sl No.: 28 CT-VD