Subhaschandra S/O Bagavanthraya vs The Chief Engineer And Ors
2021 Latest Caselaw 6013 Kant

                             1



          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 13TH DAY OF DECEMBER 2021

                         PRESENT

         THE HON'BLE MR.JUSTICE R. DEVDAS
                           AND
 THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

MISCELLANEOUS FIRST APPEAL No.200328/2016 (LAC)


BETWEEN:

Kalyan Rao
S/o Bagavanthraya
Aged about 45 years
Occ: Agriculture
R/o Ambalaga
Taluk: Aland
Dist: Kalaburagi-58314
                                          ... Appellant

(By Smt. Shailaja C.D., Advocate for
 Smt. Ratna N. Shivayogimath, Advocate)

AND:

1.     The Chief Engineer
       Karnataka Niravari Nigam Limited
       IPC, Zone Kalaburagi-585102

2.     The Executive Engineer
       Karnataka Niravari Nigam Limited
       Gandorinala Division
       Mahagaon-585102
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3.    The Spl. Land Acquisition Officer
      M & MIP
      Kalaburagi-585102

4.    The Deputy Commissioner
      Kalaburagi-585102
                                              ... Respondents

(By Sri Gourish S. Khashampur, Advocate for R1 and R2;
 Sri Mallikarjun C. Basareddy, HCGP for R3 and R4)

      This MFA is filed under Section 54(1) of the Land
Acquisition Act, praying to allow this appeal and grant
enhanced compensation by determining enhanced market
value in respect of the land of the appellant by modifying the
judgment and award dated 17.11.2015 passed in LAC
No.7/2009 on the file of the Senior Civil Judge at Aland, with
all consequential statutory benefits and interest thereon as
per law.

     This appeal coming on for final hearing this day,
R.Devdas J., delivered the following:

                        JUDGMENT

R. DEVDAS J., (ORAL):

Learned counsel for the appellant brings to the

notice of the Court a decision of the Co-ordinate Bench

of this Court in batch of Miscellaneous First Appeals in

MFA No.201595/2016 and connected matters, which

were disposed of on 22.07.2021. The learned counsel

submits that the common judgment is in respect of the

very same preliminary notification dated 15.09.2005

and another preliminary notification dated 24.08.2006.

The lands are also situated in the same village i.e.

Ambalga village, Aland Taluka, Kalaburagi District.

2. We find that as in the present case, the SLAO

had passed award fixing the market value of the land at

`69,750/- per acre. The Reference Court in LAC

No.36/2009 passed judgment and award enhancing the

compensation to `2,42,000/- per acre. In the present

case, in LAC No.7/2009 the Reference Court has

enhanced the compensation to `1,86,000/- per acre.

Having considered the fact that in another MFA

No.31613/2012 clubbed with other matters dealing with

a notification dated 09.03.2006 for the purpose of

Bhima Lift Irrigation Project, the compensation was

determined at `4,15,000/- per acre. In various other

judgments in respect of similarly situated notifications,

the Co-ordinate Bench observed that compensation at

the rate of `4,15,000/- per acre for wet land was

awarded.

3. Learned counsel for the respondents - KNNL

admits that the award as enhanced in MFA

No.31613/2012 at the rate of `4,15,000/- per acre for

wet land has been satisfied.

4. Consequently, we proceed to pass the

following:

ORDER

The appeal is allowed in part, with costs. The

appellant is entitled for compensation at the rate of

`4,15,000/- per acre in respect of the wet lands along

with all statutory benefits.

Ordered accordingly.

Sd/-

JUDGE

Sd/-

JUDGE swk