Union Of India And Anr vs Amaramma W/O Narasannagouda
2021 Latest Caselaw 6977 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 21ST DAY OF DECEMBER 2021

                         PRESENT

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

MISCELLANEOUS FIRST APPEAL No.202029/2016 (LAC)


BETWEEN:

1.     Union of India through
       Deputy Chief Engineer
       Constructions, South Western
       Railway, Keshavapura, Hubli

2.     Union of India through
       Deputy Chief Engineer
       Constructions-III, South Western
       Railway, Keshwapura, Hubli

       Appellant Nos. 1 and 2 are
       Represented by the Deputy
       Chief Engineer, Constructions
       Davangere-577001
                                          ... Appellants

(By Sri Manvendra Reddy, Advocate)

AND:

1.     Amaramma W/o Narasannagouda
       Dead by LRs.
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1(1). Appana gouda S/o Basavarajappa
      Age: 52 years

1(2). Kavitha W/o Appana gouda
      Age: 46 years

      Both are Agriculture and
      R/o H.No.10-4-67/3, Maktal Pet
      Raichur-584101

2.    The State of Karnataka through
      The Special Land Acquisition officer
      Munirabad- Mehaboob nagar
      Railway line Construction Plan
      Sindhanur-584132

3.    The State of Karnataka through
      The Principal Secretary, Revenue
      Department, Government of
      Karnataka, 5 Floor, M.S.Building
      Bangalore-560 001

4.    The Deputy Commissioner
      Raichur-584101

                                              ... Respondents

(By Sri Shivanand Patil, Advocate for R1(1) and R1(2);
Sri Shivakumar Tengli, AGA for R2, R3 and R4)

      This MFA is filed under Section 54(1) of the Land
Acquisition Act, praying to allow the appeal by setting aside
the judgment and award dated 19.11.2015 passed by
learned Prl. Senior Civil Judge at Raichur, in LAC No.
88/2009.

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

R. DEVDAS J., (ORAL):

Learned counsel for the appellants brings to our

notice a decision of a Co-ordinate Bench of this Court in

MFA No.200777/2015 and connected matters disposed

of on 15.10.2020. It is submitted that the appeals filed

by the appellants herein were allowed, while setting

aside the judgment and award passed by the Reference

Court and the matters were remitted back to the

Reference Court for a decision afresh strictly in

consonance with the principles laid down by the Hon'ble

Supreme Court in the cases of Hargovinddas vs. SLAO

reported in (1988) 3 SCC 751, Union of India vs.

Dyagala Devamma reported in (2018) 8 SCC 485 and

Manoj Kumar and others vs. State of Haryana and

others reported in (2018) 13 SCC 96. Consequently,

learned counsel prays that similar orders are required

to be passed in this matter also.

2. Learned counsel for the contesting

respondent/land-owners does not dispute the fact that

this appeal arises out of the same notification dated

07.02.2005 as in the matters referred to by the learned

counsel for the appellant.

3. However, we should also notice that although

consent awards seems to have been passed in all these

matters, the submission of the appellants stating that

there were factual errors in assessing the lands in

question and without proper verification the Special

Land Acquisition Officer accepted the contention of the

land-owners that these were all irrigated lands and wet

lands, but on factual verification it was found that all

these lands were dry lands and therefore the Co-

ordinate Bench came to a conclusion that it clearly

shows that the market value has been determined

without complying with the principles laid down in

Section 23 of the Land Acquisition Act, 1894 and the

parameters laid down in the above said judgments of

the Hon'ble Supreme Court.

4. Consequently, the appeal is allowed. The

impugned judgment and award dated 19.11.2015 in

LAC No.88/2009 passed by the Principal Senior Civil

Judge at Raichur is set aside for compliance of the

directions issued by the Co-ordinate Bench. The matter

stands remitted back to the Reference Court for a

decision afresh as directed by the Co-ordinate Bench,

within a period of six months from the date of receipt of

a copy of this order.

In view of the appeal being allowed and remanded,

the appellants are entitled to refund of the Court fee in

accordance with law.

There shall be no order as to costs.

In view of the disposal of the appeal, pending

interlocutory applications, if any, also stand disposed

of.

Sd/-

JUDGE

Sd/-

JUDGE

swk