Karnataka High Court
South Western Railway vs Hanumantagouda S/O Mudigouda ... on 10 December, 2021
Bench: S.Sunil Dutt Yadav, S Rachaiah
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
AND
THE HON'BLE MR.JUSTICE S. RACHAIAH
M.F.A.No.102487/2018 C/W
M.F.A.No.102485/2018 (LAC)
IN MFA NO 102487 OF 2018
BETWEEN
1. SOUTH WESTERN RAILWAY
REP. BY ITS GENERAL MANAGER,
HUBBALLI, SOLAPUR ROAD,
NEAR ST.MARYE HIGH SCHOOL,
KESHWAPUR, HUBBALLI 580023
2. THE DEPUTY CHIEF ENGINEER,
CONSTRUCTIONS-II,
SOUTH WESTERN AILWAY,
KESHWAPUR, HUBBALLI 580023
.....APPELLANTS
(BY SRI MALLIKARJUN S HIREMATH, ADV. FOR APPELLANT
No.1
APPELLANT NO.2 IS DELETED VIDE ORDER DATED
10.11.2021)
2
AND
1. HALLIYAVAR @ BARADWAD HANUMAVVA
W/O FAKIRAPPA
AGE:ABOUT 70 YEARS, OCC:NOT KNOWN,
2. HALLIYAVAR @ BARADWAD TIPPANNA
S/O FAKIRAPPA
AGE:ABOUT 50 YEARS, OCC:NOT KNOWN,
3. GOUDAR FAKIRAVVA W/O GADIGEPPA,
AGE :ABOUT 52 YEARS, OCC:NOT KNOWN,
4. NAGANNAVAR BASAVVA W/O ANNAPPA
AGE : ABOUT 55 YEARS, OCC:NOT KNOWN,
MAHADEVAPPA FAKIRAPPA BARWAD
SINCE DECEASED BY HIS LRS
5. GOURAVVA W/O MAHADEVAPPA BARDWAD
AGE:68 YEARS,
OCC:AGRICULTURE AND HOUSEHOLD,
6. NAGAVVA W/O FAKIRAPPA DAYANNAVAR,
AGE:48 YEARS,
OCC:AGRICULTURE AND HOUSEHOLD,
7. SUVARNAVVA W/O MALLAPPA LABHAPUR
AGE:46 YEARS,
OCC:AGRICULTURE AND HOUSEHOLD,
8. SHAMBAVI D/O MAHADEVAPPA BARDWAD,
AGE:43 YEARS,
OCC:AGRICULTURE AND HOUSEHOLD,
9. LAXMAVVA W/O VIRUPAXAPPA MALAJI,
AGE:40 YEARS,
OCC:AGRICULTURE AND HOUSEHOLD,
3
10. PARAVVA W/O BASAVRAJRAMPUR
AGE:36 YEARS, OCC:AGRICULTURE,
11. SHIVAPPA S/O MAHADEVAPPA BARDWAD,
AGE:34 YEARS, OCC:AGRICULTURE,
12. SURESH S/O MAHADEVAPPA BARDWAD,
AGE:32 YEARS, OCC:AGRICULTURE,
ALL ARE R/O. HUSUR, TQ & DIST: GADAG.
13. HALLIYAVAR @ BARDWAD CHANNAVVA
W/O HANUMANTAPPA
AGE:32 YEARS, OCC:NOT KNOWN,
HALLIYAVAR @ BARDWAD
14. YANKAPPA
AGE:ABOUT 60 YEARS,
OCC:NOT KNOWN,
15. BHIMAPPA
AGE:ABOUT 58 YEARS,
OCC:NOT KNOWN,
16. BASAVANTEPPA
AGE:ABOUT 55 YEARS,
OCC:NOT KNOWN,
17. PARVATEVVA
AGE:ABOUT 53 YEARS,
OCC:NOT KNOWN,
18. SHANTAVVA
AGE:ABOUT 51 YEARS,
OCC:NOT KNOWN,
19. TANGEVVA
AGE:ABOUT 50 YEARS,
OCC:NOT KNOWN,
4
20. NAGAVVA D/O HANUMANTAPPA
AGE:ABUT 58 YEARS,
OCC:NOT KNOWN,
ALL ARE R/O KUSUGAL,
TALUK: HUBBALLI 580042
DIST: DHARWAD.
21. THE SPECIAL LAND ACQUISITION OFFICER
CUM ASSISTANT COMMISSIONER,
NEAR DEPUTY COMMISSIONER OFFICE,
DHARWAD 580001
22. THE GOVERNMENT OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU 560001
23. THE DEPUTY COMMISSIONER,
DHARWAD 580001
.....RESPONDENTS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 06.12.2014 PASSED IN LAC NO.18/2010 ON THE
FILE OF THE I-ADDITIONAL SENIOR CIVIL JUDGE AND
MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, HUBBALLI, AWARDING COMPENSATION OF
RS.35,687/- PER GUNTA.
IN MFA NO 102485 OF 2018
BETWEEN
1. SOUTH WESTERN RAILWAY
REP.BY ITS GENERAL MANAGER HUBBALLI,
SHOLAPUR ROAD, NEAR ST.MARY'S
HIGH SCHOOL, KESHWAPUR,
HUBBALLI
5
2. THE DEPUTY CHIEF ENGINEER,
CONSTRUCTIONS II,
SOUTH WESTERN RAILWAY,
KESH WAPUR, HUBBALLI 580023
.....APPELLANTS
(BY SRI MALLIKARJUN S HIREMATH, ADV. FOR APPELLANT
NO.1
APPELLANT NO.2 IS DELETED VIDE COURT ORDER
10.12.2021)
AND
1. HANUMANTAGOUDA S/O MUDIGOUDA PATIL,
AGE:ABOUT 75 YEARS, OCC:NOT KNOWN,
2. SMT. JAYA D/O HANUMANTAGOUDA PATIL
AGE:ABOUT 55 YEARS, OCC:NOT KNOWN
3. RAMANAGOUDA S/O HANUMANTAGOUDA PATIL
AGE:59 YEARS,
OCC:ADVOCATE AND AGRICULTURE,
ALL ARE R/O KUSUGAL 580042,
TQ: HUBBALLI, DIST:DHARWAD,
R/OBYAHATTI, TQ:HUBBALLI
4(1). SMT GIRIJA W/O SHANKARGOUDA PATIL,
AGE:ABOUT 65 YEARS, OCC:NOT KNOWN,
R/O:BALAGANUR, TQ:GADAG 582102
4(2). AMBIKA URF GEETA SHANKARGOUDA PATIL,
AGE:ABOUT 55 YEARS, OCC:NOT KNOWN,
R/O:C/O H.R.PATIL, ADVOCATE
OPP. GAJANAN COMPLEX,
DAJIBANPETH, HUBBALLI 580020
4(3). ROOPA D/O SHANKARGOUDA PATIL,
AFTER MARRIAGE ROOPA W/O SURESH
6
SHIGGOAN, AGE:ABOUT 45 YEARS,
OCC:NOT KNOWN, R/O:M.G.PATIL,
NURSING HOME BACK SIDE,
VIDYANAGAR, OPP.OLD POLICE STATION,
HUBBALLI 580035
NOW AT NEW YORK.
4(4). REKHA JD/O SHANKARGOUDA PATIL,
AFTER MARRIAGE
ROOPA W/O GIRISH
URF GIRISHKUMAR NIMBEKAYI,
AGE:ABOUT 43 YEARS,
OCC:NOT KNOWN,
R/O:NEAR INDIAN OIL PETROL BINK,
DAVANGERE CHITRDURGA ROAD,
CHITRDURGA 577501
NOW AT NEW YORK
5(1) SMT.GIRIJA URF SEETAVVA
W/O SHIVANGOUDA PATIL
AGE:ABOUT 60 YEARS,
OCC:NOT KNOWN,
5(2) SHANKARGOUDA S/O SHIVANGOUDA PATIL,
AGE:ABOUT 40 YEARS,
OCC:NOT KNOWN,
5(3) MUDIGOUDA S/O SHIVANGOUDA PATIL
AGE:ABOUT 38 YEARS, OCC:NOT KNOWN,
5(4) SMT. PUSHPA URF SAKRAMMA
D/O SHIVANGOUDA PATIL
AGE:ABOUT 38 YEARS,
OCC:NOT KNOWN,
NOW ALL ARE R/O DODDA ONI, KUSUGAL,
HUBBALLI 580042
6. THE LAND ACQUISITION OFFICER CUM
ASSISTANT COMMISSIONER,
7
NEAR DEPUTY COMMISSIONER OFFICE,
DHARWAD 580001
7. THE GOVERNMENT OF KARNATAKA
REP.BY ITS CHIEF SECRETARY,
VIDHAN SOUDHA, BENGALURU 560001
8. THE DEPUTY COMMISSIONER,
DHARWAD 580001
.....RESPONDENTS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 06.12.2014 PASSED IN LAC NO.16/2010 ON THE
FILE OF THE I-ADDITIONAL SENIOR CIVIL JUDGE AND
MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, HUBBALLI, AWARDING COMPENSATION OF
RS.35,687/- PER GUNTA.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
S.SUNIL DUTT YADAV J., DELIVERED THE FOLLOWING:
JUDGMENT
M.F.A. No.102487/2018 and M.F.A. No.102485/2018
are preferred against the common judgment and award of
the reference with respect to L.A.C.Nos.18/2010 and
16/2010. In light of the identical factual matrix involved in
both the appeals, both the appeals are taken up together
and disposed of by the common judgment.
2. The lands of the respondents have been
acquired for the purpose of laying the railway line and
award was passed on 07.11.2009 as regards the lands in
Kusugal village.
3. It is pointed out by the counsel for the
appellants that factual matrix insofar as the project for
which acquisition was made, year of the preliminary
notification and the village in which the lands are situated
is similar to the factual matrix in M.F.A.No.100848/2016
disposed of on 21.02.2018 wherein fixation of
compensation by the reference Court at Rs.35,000/- per
gunta has been upheld. It is further pointed that at
paragraph 5 of the aforesaid judgment, the Court refers to
the judgment of the Division Bench in
M.F.A.No.100202/2015 while arriving at the figure at
Rs.35,000/- per gunta. It is submitted in light of the same
and noticing that the reference Court has also fixed
compensation at Rs.35,687/-, the same can be affirmed.
4. The fixation was for the purpose of laying
railway line through 4(1) notification dated 01.05.2008
and award was passed on 07.11.2009 fixing the amount at
Rs.1,030/- per gunta relating to Kusugal village,
Rs.1,926/- per gunta pertaining to Ingalahalli village,
Rs.10,607/- per gunta pertaining to Keshwapur village and
Rs.2,654/- per gunta pertaining to Bammapur village.
Against such award by the Land Acquisition Officer, 18(1)
reference came to be filed. The reference Court has
arrived as acquisition that a case has made out for
enhancement to Rs.35,687/-.
5. In light of the submissions made and taking
note of the order in M.F.A.No.100848/2016, the appeals
are dismissed while confirming the judgment and award of
the reference Court.
Sd/-
JUDGE
Sd/-
JUDGE
Naa
