Karnataka High Court
The Union Of India vs Gopal Rao And Anr on 18 December, 2021
Bench: M.G.S.Kamal
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
MSA No.200041/2017
C/W
MSA No.200056/2016
MSA No.200057/2016
MSA No.200058/2016
MSA No.200092/2016
MSA No.200042/2017
MSA No.200043/2017
MSA No.200044/2017
MSA No.200045/2017
&
MSA No.200046/2017
MSA No.200041/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO. 1,
SOUTH CENTRAL RAILWAY,
SECUNDERABAD.
REPRESENTED BY ASSISTANT ENGINEER
CONSTRUCTION-II SOUTH CENTRAL RAILWAY
GULBARGA.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
2
AND
1. SUMITRABAI @ SUNITABAI
W/O KASHINATH, AGED : 54 YEARS,
OCC: AGRICULTURE & HOUSEHOLD,
R/O KANAJI, TQ: BHALKI,
DIST BIDAR-584101.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT,
BIDAR-584101.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.28/2013 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI AND ALSO
IN LAC NO.40/2009 ONTHE FILE OF SENIOR CIVIL JUDGE
BHALKI AND ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 22.08.2014 PASSED BY
LEARNED ADDL. DISTRICT & SESSIONS JUDGE BIDAR
SITTING AT BHALKI IN M.A.NO.28/2013 AND CONFIRM
THE JUDGMENT AND AWARD DATED 29.06.2013 PASSED
BY LEARNED SENIOR CIVIL JDUGE BHALKI, IN LAC
NO.40/2019.
MSA No.200056/2016
BETWEEN
GOPALRAO S/O BHEEMRAO KULKARNI
AGE: 68, OCC: AGRICULTURE,
R/O:KANJI, TQ:BHALKI,
DIST:BIDAR.
...APPELLANT
(BY SRI H.R.MALIPATIL, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION
OFFICER RAILWAY, BIDAR-585401.
2. THE DEPUTY CHIEF ENGINEER
CONSTRUCTION NO.1
SOUGH CENTRAL, RAILWAY
SECUNDRABAD-71 (A.P).
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
JUDGMENT AND AWARD OF HTE SENIOR CIVIL JUDGE
BHALKI, DATED 14.12.2012 IN LAC NO.60/2008, AND
ALSO THE JUDGEMENT & AWARD OF ADDL. DISTRICT AND
SESSIONS JUDGE, BIDAR, DATED 22.08.2014 IN MA NO.3
OF 2013, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF ` 2,87,100/- PER ACRE. AND
AWARD ALL STATUATORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPESNATION AMOUNT.
MSA No.200057/2016
BETWEEN
GOPALRAO S/O BHEEMRAO KULKARNI
AGE: 68, OCC: AGRICULTURE,
R/O:KANJI, TQ:BHALKI,
DIST:BIDAR.
...APPELLANT
(BY SRI H.R.MALIPATIL, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION
OFFICER RAILWAY, BIDAR-585401.
2. THE DEPUTY CHIEF ENGINEER
CONSTRUCTION NO.1
SOUGH CENTRAL, RAILWAY
SECUNDRABAD-71 (A.P).
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
SENIOR CIVIL JUDGE BHALKI, DATED 29.06.2013 IN LAC
NO.38/2009, AND ALSO THE JUDGEMENT & AWARD OF
ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, DATED
22.08.2014 IN MA NO.25 OF 2013, AND FIX THE MARKET
VALUE FOR LAND ACQUIRED AT THE RATE OF ` 2,87,100/-
PER ACRE. AND AWARD ALL STATUATORY BENEFITS,
INCLUDING INTEREST ON THE ENTIRE COMPESNATION
AMOUNT.
MSA No.200058/2016
BETWEEN
CHANDRAKALA W/O GOPALRAO KULKARNI
AGE: 63, OCC: AGRICULTURE & HOUSEHOLD
R/O:KANJI, TQ:BHALKI, DIST:BIDAR.
...APPELLANT
(BY SRI HARSHAVARDHAN R.MALIPATIL, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION
OFFICER RAILWAY, BIDAR-585401.
2. THE DEPUTY CHIEF ENGINEER
CONSTRUCTION NO.1
SOUGH CENTRAL, RAILWAY
SECUNDRABAD-71 (A.P).
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
SENIOR CIVIL JUDGE BHALKI, DATED 14.12.2012 IN LAC
NO.59/2008, AND ALSO THE JUDGEMENT & AWARD OF
ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, DATED
22.08.2014 IN MA NO.4 OF 2013, AND FIX THE MARKET
VALUE FOR LAND ACQUIRED AT THE RATE OF ` 2,87,100/-
PER ACRE. AND AWARD ALL STATUATORY BENEFITS,
INCLUDING INTEREST ON THE ENTIRE COMPESNATION
AMOUNT.
MSA No.200092/2016
BETWEEN
CHANDRAKALA W/O GOPALRAO KULKARNI
AGE: 58, OCC: AGRICULTURE
R/O:KANAJI, TQ:BHALKI, DIST:BIDAR.
...APPELLANT
(BY SRI HARSHAVARDHAN R.MALIPATIL, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION
OFFICER KARANJA PROJECT BIDAR,
S.C.R BIDAR-585401.
2. THE DEPUTY CHIEF ENGINEER
CONSTRUCTION NO.1
SOUGH CENTRAL, RAILWAY
SECUNDRABAD-71 (A.P).
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
SENIOR CIVIL JUDGE BHALKI, DATED 29.06.2013 IN LAC
NO.37/2009, AND ALSO THE JUDGEMENT & AWARD OF
ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, DATED
22.08.2014 IN MA NO.26 OF 2013, AND FIX THE MARKET
VALUE FOR LAND ACQUIRED AT THE RATE OF ` 2,87,100/-
PER ACRE. AND AWARD ALL STATUATORY BENEFITS,
INCLUDING INTEREST ON THE ENTIRE COMPESNATION
AMOUNT.
MSA No.200042/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO. 1,
SOUTH CENTRAL RAILWAY,
SECUNDERABAD.
REPRESENTED BY ASSISTANT ENGINEER
CONSTRUCTION-II SOUTH CENTRAL RAILWAY
GULBARGA.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
1. CHANDRAKALA W/O GOPALRAO
AGED : 59 YEARS,
OCC: AGRICULTURE & HOUSEHOLD,
R/O KANAJI, TQ: BHALKI,
DIST BIDAR-584101.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR-584101.
...RESPONDENTS
(BY SRI.H.R.MALIPATIL, ADVOCATE FOR R1;
SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.26/2013 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI AND ALSO
IN LAC NO.37/2009 ONTHE FILE OF SENIOR CIVIL JUDGE
BHALKI AND ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 22.08.2014 PASSED BY
LEARNED ADDL. DISTRICT & SESSIONS JUDGE BIDAR
SITTING AT BHALKI IN M.A.NO.26/2013 AND CONFIRM
THE JUDGMENT AND AWARD DATED 29.06.2013 PASSED
BY LEARNED SENIOR CIVIL JDUGE BHALKI, IN LAC
NO.37/2019.
MSA No.200043/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO. 1,
SOUTH CENTRAL RAILWAY,
SECUNDERABAD.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
VIJAYA KUMAR DIED BY LRS
1. VIDYA MANJULA W/O LATE VIJAYKUMAR,
AGED: YEARS, OCC: AGRICULTURE,
R/O KANAJI, TQ: BHALKI, DIST: BIDAR.
2. VINOD KUMAR S/O LATE TULJA
AGED: YEARS, OCC: AGRICULTURE,
BOTH R/O KANAJI, TQ: BHALKI
DIST: BIDAR.
3. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR-585101.
...RESPONDENTS
(BY SMT. MAYA T.R. HCGP FOR R3)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.27/2013 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI AND ALSO
IN LAC NO.163/2008 ONTHE FILE OF SENIOR CIVIL JUDGE
BHALKI AND ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 22.08.2014 PASSED BY
LEARNED ADDL. DISTRICT & SESSIONS JUDGE BIDAR
SITTING AT BHALKI IN M.A.NO.27/2013 AND CONFIRM
THE JUDGMENT AND AWARD DATED 29.06.2013 PASSED
BY LEARNED SENIOR CIVIL JDUGE BHALKI, IN LAC
NO.163/2008.
MSA No.200044/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO.1
SOUTH CENTRAL RAILWAY
SECUNDERABAD.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
1. SMT.CHANDRAKAL W/O GOPAL RAO
AGED: 64 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
R/O KANAJI, TQ: BHALKI, DIST: BIDAR
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR
...RESPONDENTS
(BY SRI H. R. MALIPATIL, ADVOCATE FOR R1;
SMT. MAYA T. R., HCGP FOR R2)
THIS MSA FILED UNDER SEC.54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGEMENT AND
AWARD DATED 22.08.2014 PASSED IN MA NO.4/2013 ON
THE FILE OF THE ADDL. DIST. AND SESSIONS JUDGE,
BIDAR, SITTING AT BHALKI WHEREIN ALLOWING THE
APPEAL AND FILED AGAINST THE JUDGEMENT AND
AWARD DATED 14.12.2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE BHALKI IN LAC NO.59/2008 PARTLY
ALLOWING THE REFERENCE APPLICATION FILED UNDER
SEC. 18(1) OF LAND ACQUISITION ACT.
MSA No.200045/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
1. GOPAL RAO S/O BHIMRAO
AGED: 69 YEARS, OCC: AGRICULTURE,
R/O KANAJI, TQ: BHALKI, DIST: BIDAR
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR
...RESPONDENTS
(BY SRI H. R. MALIPATIL, ADVOCATE FOR R1;
SRI MAYA T. R., HCGP FOR R2)
THIS MSA FILED UNDER SEC.54(2) OF LAND
ACQUISITION, AGAINST THE JUDGEMENT AND AWARD
DATED 22.08.2014 PASSED IN MA NO.3/2013 ON THE
FILE OF THE ADDL. DIST. AND SESSIONS JUDGE, BIDAR,
SITTING AT BHALKI WHEREIN ALLOWING THE APPEAL
AND FILED AGAINST THE JUDGEMENT AND AWARD DATED
14.12.2012 ON THE FILE OF THE SENIOR CIVIL JUDGE
BHALKI IN LAC NO.60/2008 PARTLY ALLOWING THE
REFERENCE APPLICATION FILED UNDER SEC. 18(1) OF
LAND ACQUISITION ACT.
MSA No.200046/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
1. GOPAL RAO S/O BHIMRAO
AGED: 64 YEARS, OCC: AGRICULTURE,
R/O KANAJI, TQ: BHALKI, DIST BIDAR
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR.
...RESPONDENTS
(BY SRI H. R. MALIPATIL, ADVOCATE FOR R1;
SMT. MAYA T. R., HCGP FOR R2)
THIS MSA FILED UNDER SEC.54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGEMENT AND
AWARD DATED 22.08.2014 PASSED IN MA NO.25/2013
ON THE FILE OF THE ADDL. DIST. AND SESSIONS JUDGE,
BIDAR, SITTING AT BHALKI WHEREIN ALLOWING THE
APPEAL AND FILED AGAINST THE JUDGEMENT AND
AWARD DATED 29.06.2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE BHALKI IN LAC NO.38/2009 PARTLY
ALLOWING THE REFERENCE APPLICATION FILED UNDER
SEC. 18(1) OF LAND ACQUISITION ACT.
THESE APPEALS COMING ON FOR ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
Following appeals are filed under Section 54(2) of
the Land Acquisition Act, (for short 'L. A. Act'). The
appeals filed by the appellants - Union of India are in MSA
No.200041/2017 arising out of M.A.No.28/2013, MSA
No.200043/2017 arising out of M.A.No.27/2017, MSA
No.200042/2017 arising out of M.A.No.26/2013, MSA
No,.200044/2017 arising out of M.A.No.4/2013, MSA
No.200045/2017 arising out of M.A.No.3/2013, MSA
No.200046/2017 arising out of M.A.No.25/2013.
2. The appeals filed by the claimants are in MSA
No.200056/2016 arising out M.A.No.3/2013, MSA
No.200057/2016 arising out of M.A.No.25/2013, MSA
No.200058/2016 arising out of M.A.No.4/2013 and MSA
No.200092/2016 arising out of M.A.No.26/2013.
3. The aforesaid appeals are in respect of the
lands bearing Survey No.182/2B measuring 36 guntas,
Survey No.139/1 measuring 5 guntas, Survey No.139/1
measuring 4 acres 12 guntas, Survey No.139/4 measuring
1 acre 5 guntas, Survey No.139/4 measuring 1 acre,
Survey No.139 measuring 1 acre, Survey No.138/A
measuring 1 acre 21 guntas, Survey No.139/4 measuring
1 acre 5 guntas, Survey No.139/1 measuring 8 guntas and
Survey No.139/1 measuring 4 acres 12 guntas, all situated
at Kanaji village, Bhalki taluka and Bidar district, which
were proposed to be acquired for the purpose of formation
of railway line from Bidar to Kalaburagi in terms of the
notification under Section 4(1) of the L. A. Act published
on 14.08.2003 and 22.04.2004 respectively.
4. This Court by its judgment and order dated
24.11.2021 passed MSA No.200260/2017 and other
connected matters arising out of acquisition of properties
situated in Chalkapur village, Bhalki taluka and Bidar
district for the same purpose of formation of railway line
from Bidar to Kalaburagi in terms of the notification
published on 28.03.2003 issued under Section 4(1) of the
L. A. Act, taking into consideration the judgment and order
passed by the coordinate Bench of this Court passed in
MFA No.30804/2013, in which the market value of the
acquired property therein is maintained at `2,87,100/- per
acre, disposed off the said miscellaneous second appeals.
5. The present batch of appeals as noted above
arise out of notification issued under Section 4(1) of the
L. A. Act dated 14.08.2003 and 22.04.2004 in respect of
the lands situated at Kanaji village, Bhalki taluka and Bidar
district, acquired for the same purpose. The acquired
lands are situated in the same Taluka and district.
Therefore, this Court for the reasons assigned in its
aforesaid judgment and order dated 24.11.2021 passed in
MSA No.200260/2017 and connected matters, deems it
appropriate to dispose off the present batch of appeals in
the same terms.
6. Accordingly, appeals in MSA Nos.200057/2016
and 200092/2016 being subject matter of notification
dated 14.08.2003, the market value is enhanced from
Rs.1,24,400/- to Rs.2,87,100/- per acre.
7. However, as regards the appeals in MSA
Nos.200056/2016 and 200058/2016 being subject matter
of subsequent notification dated 24.04.2004, that is, after
a period of one year from the previous notification (in
respect of which market value is fixed at Rs.2,87,100/- per
acre as stated above), this Court is of the considered view
that an escalation of 8% per annum be added to the
aforesaid value of Rs.2,87,100/- per acre. Thus,
compensation in respect of the lands being subject matter
of the notification dated 24.04.2004 is enhanced to
Rs.3,10,068/- per acre (Rs.2,87,100/- x 8%) instead of
Rs.2,25,000/- per acre. Hence, the following:
ORDER
A. The appeals filed by the appellants/claimants
in MSA Nos.200057/2016 and 200092/2016
are partly allowed with costs. The
appellants/claimants are held entitled for
enhanced compensation of `2,87,100/- per
acre with all statutory benefits.
B. The appeals filed by the appellants/claimants
in MSA Nos.200056/2016 and 200058/2016
are allowed in part with costs. The
appellants/claimants are held entitled for
enhanced compensation of `3,10,068/- per
acre with all statutory benefits.
C. The appellants/claimants are held entitled for
interest at 12% per annum from the date of
notification or from the date of acquisition of
lands, whichever is earlier.
D. Consequently, the appeals filed by the
appellants - Union of India in
MSA Nos.200041/2017, 200042/2017,
200043/2017, 200044/2017, 200045/2017
and 200046/2017 are dismissed.
E. The appellants/claimants are directed to pay
the differential Court fee.
F. The amount in deposit, if any, be transmitted
to the concerned Court.
Sd/-
JUDGE
Srt
