The Commissioner vs The Deputy Commissioner
2021 Latest Caselaw 6995 Kant

                           1



        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

  DATED THIS THE 22ND DAY OF DECEMBER 2021

                      PRESENT

       THE HON'BLE MR.JUSTICE R. DEVDAS
                         AND
 THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
           MFA.NO.200468/2019 (LAC)
                     C/W
   MFA NO.200823/2017, MFA NO.200824/2017,
   MFA NO.200825/2017, MFA NO.200826/2017,
   MFA NO.200827/2017, MFA NO.200828/2017,
   MFA No.200829/2017, MFA NO.200830/2017,
   MFA NO.200831/2017, MFA NO.200832/2017,
   MFA NO.200833/2017, MFA NO.200919/2017,
   MFA NO.200920/2017, MFA NO.200921/2017,
   MFA NO.200922/2017, MFA NO.200924/2017,
 MFA CROB.NO.200016/2018, MFA NO.200469/2019,
           MFA.NO.201516/2019 (LAC)


IN MFA NO.200468/2019:

BETWEEN:

The Commissioner
Kalaburagi Urban Development
Authority, Kalaburagi
                                            ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
                                2



AND:

1.     Vikas S/o Shankar Konded
       Age: Major, Occ: Agriculture
       R/o: Kotnoor(D)
       Tq & Dist: Kalaburagi-585102

2.     Assistant Commissioner/
       Land Acquisition Officer
       Kalaburagi-585102

3.     The Deputy Commissioner
       Mini Vidahan Soudha
       Kalaburagi-585102
                                                ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R2 and R3; Smt.Ratna N.Shivayogimath, Advocate for C/R1)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow this appeal and to set aside the judgment and award dated 05.01.2019 passed in L.A.C.No.623/2012, on the file of the 3rd Addl. Senior Civil Judge at Kalaburagi.

IN MFA NO.200823/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga-585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates)

AND:

1. The Deputy Commissioner Gulbarga-585101

2. Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

3. Basawaraj S/o Shankrappa Age:Major, Occ: Agriculture

4. Veerabadrappa S/o Shankrappa Age: Major, Occ: Agriculture

5. Shivaraj S/o Shankrappa Mahoor Age: Major, Occ: Agriculture

6. Basavaraj S/o Shankrappa Mahoor Deleted as per Age: Major, Occ: Agriculture order dated 21.09.2017

7. Veerabadrappa S/o Shankrappa Mehoor Age: Major, Occ: Agriculture

All are R/o Kotnoor (D) Village Tq & Dist: Kalaburagi-585101 ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Smt.Ratna N.Shivayogimath, Advocate for R3 to R5; R6 and R7 deleted v/o dated 21.09.2017)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in L.A.C.No. 533/2012, passed by the 1 st Addl. Senior Civil Judge at Gulbarga, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200824/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga-585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates)

AND:

1. The Deputy Commissioner Gulbarga-585101

2. Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

3. Gunavantrai S/o Shankrappa Age: Major, Occ: Agriculture

4. Kantabai W/o Doulatrai Age: Major, Occ: Agriculture

Both are R/o Kotnoor (D) Village Tq & Dist: Kalaburagi-585101 ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Smt.Ratna N Shivayogimath, Advocate for R3 and R4)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.534/2012, passed by the 1 st Addl. Senior Civil Judge at

Kalaburagi, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200825/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates)

AND:

1. The Deputy Commissioner Gulbarga-585101

2. Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

3. Basawaraj S/o Shankrappa Age:Major, Occ: Agriculture

4. Shivaraj S/o Shankrappa Age: Major, Occ: Agriculture

5. Shivaraj S/o Shankrappa Mahoor Age: Major, Occ: Agriculture Deleted as per order dated

6. Basavaraj S/o Shankrappa 21.09.2017 Age: Major, Occ: Agriculture

7. Veerabadrappa S/o Shankrappa Age: Major, Occ: Agriculture All are R/o Kotnoor (D) Village

Tq and Dist: Kalaburagi-585101 ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Smt.Ratna N.Shivayogimath, Advocate for R3,R4,R7; R5 and R6 deleted V/o dated 21.09.2017)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.536/2012, passed by the 1 st Addl. Senior Civil Judge at Kalaburagi, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200826/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga-585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates)

AND:

1. The Deputy Commissioner Gulbarga-585101

2. Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

3. Basawaraj S/o Shankrappa Age:Major, Occ: Agriculture

4. Veerabadrappa S/o Shankrappa Age: Major, Occ: Agriculture

5. Shivaraj S/o Shankrappa Age: Major, Occ: Agriculture All are R/o Kotnoor (D) Village Tq and Dist: Kalaburagi-585101

... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Smt.Ratna N.Shivayogimath, Advocate for R3 to R5)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.537/2012, passed by the 1 st Addl. Senior Civil Judge at Kalaburagi, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200827/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga -585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande and Sri.Shivakumar R.Tengli, Advocates)

AND:

1. Office of the Assistant Commissioner And Special Land Acquisition Officer

Gulbarga -585101

2. The Deputy Commissioner Gulbarga-585101

3. Smt.Kasturibai W/o Amrutrao Biradar Age: Major, Occ: Agriculture

R/o Kotnoor (D) Village Tq & Dist: Kalaburagi-585101 ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Sri Shivanand Patil, Advocate for C/R3 )

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.154/2011, passed by the 1 st Addl. Senior Civil Judge at Kalaburagi, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200828/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga -585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande and Sri.Shivakumar R.Tengli, Advocates)

AND:

1. Office of the Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

2. The Deputy Commissioner Gulbarga-585101

3. Basavaraj S/o Shantappa Age: Major, Occ: Agriculture

4. Shivaraj S/o Shantappa Age: Major, Occ: Agriculture

Both are R/o Kotnoor (D) Village Tq & Dist: Kalaburagi-585101 ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Sri Shivanand Patil, Advocate for C/R3-R4 )

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.155/2011, passed by the 1 st Addl. Senior Civil Judge at Gulbarga, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200829/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga -585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande and Sri.Shivakumar R.Tengli, Advocates)

AND:

1. Office of the Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

2. The Deputy Commissioner Gulbarga-585101

3. Shivasharanappa S/o Bhimanna Since dead by LRs

3(a). Shivaraj S/o Shivasharanappa Age about 54 years, Occ: Agricultre R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(b). Chandrakant S/o Shivasharanappa Age about 48 years, Occ: Govt. Servant R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(c). Basawaraj S/o Shivasharanappa Age about 41 years, Occ: Agricultrue R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(d). Sangamnath S/o Shivasharanappa Age about 32 years, Occ: Agricutlure R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(e). Neelamma W/o Gurushantappa Age about 50 years, Occ: Household R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(f). Maya D/o Gurushantappa Age about 21 years, Occ: Student R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(g). Anand S/o Gurushantappa Age about 25 years, Occ: Student R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(h). Krishna S/o Gurushantappa Age about 23 years, Occ: Student R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(i). Gurulingamma W/o Shivasharanappa Age about 83 years, Occ: Household R/o Kotnoor (D),Tq & Dist: Kalaburagi ... Respondents

[By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Sri Shivanand Patil, Advocate for R3 (A to I)]

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.156/2011, passed by the 1 st Addl. Senior Civil Judge at Gulbarga, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200830/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga-585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates)

AND:

1. Office of the Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

2. The Deputy Commissioner Gulbarga-585101

3. Siddaroodha S/o Amrutrao Biradar Age: Major, Occ: Agriculture

4. Shivasharanappa S/o Amrutrao Biradar Age: Major, Occ: Agriculture

Both are R/o Kotnoor (D) Village Tq & Dist: Kalaburagi-585101 ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Sri Shivanand Patil, Advocate for C/R3 and C/R4 )

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.157/2011, passed by the 1 st Addl. Senior Civil Judge at Kalaburagi, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200831/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga-585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande and Sri.Shivakumar R.Tengli, Advocates)

AND:

1. Office of the Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

2. The Deputy Commissioner Gulbarga-585101

3. Kalyanrao S/o Ranoji Age: Major, Occ: Agriculture R/o Kotnoor (D) Village Tq & Dist: Kalaburagi-585101 ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Sri Shivanand Patil, Advocate for C/R3 )

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.158/2011, passed by the 1 st Addl. Senior Civil Judge at Kalaburagi, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200832/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga-585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande and Sri.Shivakumar R.Tengli, Advocates)

AND:

1. Office of the Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

2. The Deputy Commissioner Gulbarga-585101

3. Smt.Mahadevi W/o Chandrashappa Age: Major, Occ: Agriculture R/o Kotnoor (D) Village Tq & Dist: Kalaburagi-585101 ... Respondents

(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Sri Shivanand Patil, Advocate for C/R3 )

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.159/2011, passed by the 1 st Addl. Senior Civil Judge at Kalaburagi, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200833/2017:

BETWEEN:

The Commissioner Gulbarga Urban Development Authority, Gulbarga-585101 ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates)

AND:

1. Office of the Assistant Commissioner And Special Land Acquisition Officer Gulbarga -585101

2. The Deputy Commissioner Gulbarga-585101

3. Shivasharanappa S/o Bhimsha Sirasagi Since deceased by LRs

3(a). Shivaraj S/o Shivasharanappa Age about 54 years, Occ: Agriculture R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(b). Chandrakant S/o Shivasharanappa Age about 48 years, Occ: Govt.Servant R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(c). Basawaraj S/o Shivasharanappa Age about 41 years, Occ: Agricultrue R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(d). Sangamnath S/o Shivasharanappa Age about 32 years, Occ: Agriculture R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(e). Neelamma W/o Gurushantappa Age about 50 years, Occ: Household R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(f). Maya D/o Gurushantappa Age about 21 years, Occ: Student R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(g). Anand S/o Gurushantappa Age about 25 years, Occ: Student R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(h). Krishna S/o Gurushantappa Age about 23 years, Occ: Student R/o Kotnoor (D),Tq & Dist: Kalaburagi

3(i). Gurulingamma W/o Shivasharanappa Age about 83 years, Occ: Nil R/o Kotnoor (D),Tq & Dist: Kalaburagi ... Respondents

[By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2; Sri Shivanand Patil, Advocate for R3 (A to I)]

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal and set aside the reference Court judgment and award dated 05.10.2016 in LAC No.622/2012, passed by the 1 st Addl. Senior Civil Judge at Kalaburagi, by restoring the award passed by the Land Acquisition Officer.

IN MFA NO.200919/2017:

BETWEEN:

Shivasharanappa S/o Bhimana Age: Major, Occ: Agriculture R/o Kotnoor (D) Village Tq & Dist: Kalaburagi ... Appellant (By Sri Shivanand Patil, Advocate)

AND:

1. The Commissioner Gulbarga Urban Development Authority, Kalaburagi-585103

2. Office of the Assistant Commissioner And Special Land Acquisition Officer Kalaburagi -585103

3. The Deputy Commissioner Kalaburagi -585103 ... Respondents

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli Advocates for R1; Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)

This MFA is filed under Section 54 (1) of L.A.Act, praying to modify the judgment and award dated 05.10.2016/31.01.2017 in LAC No.156/2011, passed by the 1st Addl. Senior Civil Judge at Kalaburagi and re- determine and award the correct compensation by allowing the appeal.

IN MFA NO.200920/2017:

BETWEEN:

1. Basavaraj S/o Shantappa Since deceased by LRs.

1(a). Jagadevi W/o Basawaraj Biradar Age: 46 years, Occ: Household

1(b). Shantakumar S/o Basawaraj Biradar Age: 25 years, Occ: Agriculture

1(c). Sharanamma D/o Basawaraj Biradar Age: 18 years, Occ: Student

1(d). Siddaram S/o Basawaraj Biradar Age: 14 years, Occ: Student

1(e). Aishwarya D/o Basawaraj Biradar Age: 12 years, Occ: Student

Appellant No.1(d) and1(e) are minor U/g of appellant No.1(a)

2. Shivaraj S/o Shantappa Age: Major, Occ: Agriculture

All are R/o Kotnoor (D) Village Tq & Dist: Kalaburagi ... Appellants

(By Sri Nagaraj Patil, Advocate)

AND:

1. The Commissioner Gulbarga Urban Development Authority, Kalaburagi-585102

2. Office of the Assistant Commissioner And Special Land Acquisition Officer, Kalaburagi Kalaburagi -585102

3. The Deputy Commissioner, Kalaburagi Kalaburagi -585102 ... Respondents

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli Advocates for R1; Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal with costs and modify the judgment and award passed by the 1st Addl. Senior Civil Judge at Kalaburagi dated 05.10.2016/31.01.2017 in LAC No.155/2011 and re-determine and award the correct compensation by allowing the appeal and award all statutory benefits, including interest on the entire compensation amount.

IN MFA NO.200921/2017:

BETWEEN:

1. Siddaroodha S/o Amrutrao Biradar Age: Major, Occ: Agriculture

2. Shivasharanappa S/o Amrutrao Biradar Age: Major, Occ: Agriculture

Both are R/o Kotnoor (D) Village Tq & Dist: Kalaburagi ... Appellants

(By Sri Nagaraj Patil and Sri Shivanand Patil, Advocates)

AND:

1. The Commissioner Gulbarga Urban Development Authority, Kalaburagi-585102

2. Office of the Assistant Commissioner And Special Land Acquisition Officer Kalaburagi -585102

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

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates for R1; Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal with costs and modify the judgment and award passed by the 1st Addl. Senior Civil Judge at Kalaburagi dated 05.10.2016/31.01.2017 in LAC

No.157/2011 and re-determine and award the correct compensation by allowing the appeal and award all statutory benefits, including interest on the entire compensation amount.

IN MFA NO.200922/2017:

BETWEEN:

Smt. Mahadevi W/o Chandrashappa Age: Major, Occ: Agriculture R/o Kotnoor (D) Village Tq & Dist: Kalaburagi ... Appellant

(By Sri Shivanand Patil, Advocate)

AND:

1. The Commissioner Gulbarga Urban Development Authority, Kalaburagi-585102

2. Office of the Assistant Commissioner And Land Acquisition Officer Kalaburagi -585102

3. The Deputy Commissioner Kalaburagi -585102

... Respondents

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri.Shivakumar R.Tengli, Advocates for R1; Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)

This MFA is filed under Section 54 (1) of L.A.Act, praying to modify the judgment and award dated 05.10.2016/31.01.2017 in LAC No.159/2011 passed by the I Additional Senior Civil Judge at Kalaburagi and re- determine and award the correct compensation by allowing the appeal.

IN MFA NO.200924/2017:

BETWEEN:

Smt. Kasturibai W/o Amrutrao Biradar Age: Major, Occ: Agriculture R/o Kotnoor (D) Village Tq & Dist: Kalaburagi ... Appellant

(By Sri Nagaraj Patil and Sri Shivanand Patil, Advocates)

AND:

1. The Commissioner Gulbarga Urban Development Authority, Kalaburagi-585102

2. Office of the Assistant Commissioner And Land Acquisition Officer Kalaburagi -585102

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

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates for R1; Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow the appeal with costs and modify the judgment and award passed by the 1st Addl. Senior Civil Judge at Kalaburagi dated 05.10.2016/31.01.2017 in LAC No.154/2011 and re-determine and award the correct compensation by allowing the appeal and award all statutory benefits, including interest on the entire compensation amount.

IN MFA CROB.NO.200016/2018:

BETWEEN:

1. Sri. Gunavantrai S/o Shankreppa Age: Major, Occ: Agriculture

2. Smt.Kantabai W/o Doulatrai Age: Major, Occ: Agriculture Both are R/o Kotnoor (D) Village Tq & Dist: Kalaburagi ... Cross Objectors (By Smt. Ratna N.Shivayogimath, Advocate)

AND:

1. The Commissioner Gulbarga Urban Development Authority, Kalaburagi-585102

2. Office of the Assistant Commissioner And Land Acquisition Officer Kalaburagi -585102

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

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates for R1; Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)

This MFA Cross Objection is filed under Order 41 Rule 22 of CPC, praying to allow this Cross Objection by modifying the judgment and award dated: 05.10.2016 in LAC No.534/2012 passed by the 1 st Addl. Senior Civil Judge at Kalaburagi and award compensation as prayed for.

IN MFA NO.200469/2019:

BETWEEN:

The Commissioner Kalaburagi Urban Development Authority, Kalaburagi ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates)

AND:

Rahmath Khan Since deceased by LRs

1. Farzana Khan W/o Rahamath Khan Age: 56 years, Occ: Household & Agriculture R/o: Kotnoor(D),Tq & Dist: Kalaburagi-585102

2. Usmankhan S/o Rehamath Khan Age: 32 years, Occ: Agriculture R/o: Kotnoor(D),Tq & Dist: Kalaburagi-585102

3. Muddaser Khan S/o Rehamath Khan Age: 29 years, Occ: Agriculture R/o: Kotnoor(D),Tq & Dist: Kalaburagi-585102

4. Assistant Commissioner Land Acquisition Officer

Kalaburagi-585102

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

(By Smt.Ratna N.Shivayogimath, Advocate for C/R1 to R3; Sri Mallikarjun C.Basareddy, HCGP for R4 and R5)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow this appeal and to set aside the judgment and award dated:07/12/2018 passed in L.A.C.No.620/2012, on the file of the 3rd Addl. Senior Civil Judge at Kalaburagi.

IN MFA NO.201516/2019:

BETWEEN:

The Commissioner Kalaburagi Urban Development Authority, Kalaburagi ... Appellant

(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande and Sri Shivakumar R.Tengli, Advocates)

AND:

1. Venkatesh S/o Rangarao Chimmalgi Age: Major, Occ: Agriculture R/o Khuba Plot, Kalaburagi

2. Assistant Commissioner/ Land Acquisition Officer Kalaburagi-585102 ... Respondents

(By Smt.Ratna N.Shivayogimath, Advocate for R1; Sri Mallikarjun C.Basareddy, HCGP for R2)

This MFA is filed under Section 54 (1) of L.A.Act, praying to allow this appeal and to set aside the judgment and award dated:10.04.2019 passed in L.A.C.No.158/2012, on the file of the II Addl. Senior Civil Judge at Kalaburagi.

These appeals and Cross Objection having been heard and reserved on 07.12.2021, coming on for pronouncement of judgment this day, R. Devdas J., delivered the following:

COMMON JUDGMENT

R. DEVDAS J.:

Since all these matters arise out of preliminary

notification dated 26.07.2007 issued under Section 4(1)

of the Land Acquisition Act and declaration dated

27.11.2008 issued under Section 6(1) of the Land

Acquisition Act, these matters were clubbed, heard

together and are being disposed of by this common

judgment.

2. About 153 acres of land in various survey

numbers, all situated at Kotnoor village, Kalaburagi

taluk and district were notified for acquisition for the

benefit of the Kalaburagi Urban Development Authority,

for formation of a residential layout. The SLAO passed

an award fixing Rs.1,98,000/- per acre. The notified

land owners sought enhancement of the compensation

under Section 18 (1) of the L.A. Act. In 11 cases, the

Reference Court awarded compensation at the rate of

Rs.62/- per sq.ft. and in three other cases, another

Reference Court awarded compensation at the rate of

Rs.276/- per sq.ft.

3. The notified land owners in the eleven cases

have preferred these appeals under Section 54(1) of the

L.A. Act, while the Commissioner, Kalaburagi Urban

Development Authority has questioned the

enhancement of compensation in all the fourteen cases.

4. Sri Subramanya, learned Additional

Advocate General, appearing for the Commissioner,

Kalaburagi Urban Development Authority and the

Special Land Acquisition Officer, contended that the

Reference Court erred in coming to a conclusion that

the lands in question were brought under the Gulbarga

city limits in the year 1965. The learned AAG draws the

attention of this Court to Ex.P-6 which is a notification

dated 29.11.1965 and submits that under the said

notification Kotnoor village was included within the

local planning area of the Gulbarga Planning Authority.

This notification has wrongly been interpreted by the

Reference Court to mean that Kotnoor village was

brought within the limits of Gulbarga City Corporation.

5. The learned AAG would further contend that

reliance has been placed on Ex.P-5 which is a sale deed

dated 19.03.2009. The learned AAG would firstly

contend that it is by now well settled that reliance

cannot be placed on a sale deed executed subsequent to

the issuance of acquisition notification, since, the

market value of the lands situated adjacent to lands

notified for formation of a residential, commercial or

industrial area would be enhanced owing to the

expected development. Reliance is placed on N.

Natesam Pillai vs. Special Tahsildar, (2010) 9 SCC

118; Maya Devi vs. State of Haryana, (2018) 2 SCC

474; Kolkata Metropolitan Development Authority

vs. Gobinda Chandra Makal, (2011) 9 SCC 207;

Kapil Mehra vs. Union of India, (2015) 2 SCC 262.

6. The learned AAG further contends that

reliance placed on sale deed dated 19.03.2009 is also

misplaced, since the sale deed is in respect of a small

piece of commercial property, which is also a corner site

situated at Shriram Mandir Circle, a well developed

area. In this regard the learned AAG would place

reliance on P. Rajan and another vs. Kerala State

Electricity Board, (1997) 9 SCC 330 to contend that

reliance cannot be placed on a small piece of land while

awarding compensation for a large extent of land.

Similarly, it is submitted that in Vithal Rao and

another vs. Special Land Acquisition Officer, (2017)

8 SCC 558 and Kapil Mehra (supra), the Hon'ble

Supreme Court has held that while determining the true

market value of the acquired land and especially when

the acquired land is a large chunk of undeveloped land,

it is just and reasonable to make appropriate deduction

towards expenses for development of acquired land. In

Lal Chand vs. Union of India, (2009) 15 SCC 769, it

was held that the deduction towards the development

may range from 20% to 75% of the price of the plots

depending upon the nature of development of the layout

in which the exemplar plots are situated.

7. While placing reliance on Rajkumar and

others vs. Haryana State and others, (2007) 7 SCC

609, the learned AAG submitted that reliance cannot be

placed in respect of an auction site, although the site is

formed and situated within the layout developed by the

Planning Authority. It was held that the element of

competition in auction - sales does not make them safe

guides. All these submissions were made at the hands

of the learned AAG since the exemplar site which is the

subject matter of the sale deed dated 19.03.2009, Ex.P-

5, on which reliance was placed by the Reference Court

is an auction site and a small piece of commercial

property.

8. A brief statement of the cost of the project,

including the land cost has been placed before the

Court. According to the said statement, the learned

AAG contends that the project would cost around

Rs.147 crores, including land costs of Rs.61.26 crores,

in terms of the award passed by the SLAO. On the

other hand, if the compensation is determined at the

rate of Rs.62/- per sq.ft., the land costs would work out

to Rs.162.08 crores. Further, if the compensation is

calculated at the rate of Rs.276/- per sq.ft. the land cost

would be Rs.810.29 crores. However, the learned AAG,

on instructions, would submit that till recently, the

Gulbarga Urban Development Authority has allotted

sites at the rate of Rs.434/- per sq.ft.

9. Per contra, learned counsel Smt. Ratna

Shivayogimath, appearing for some of the land owners

would submit that the lands in question were brought

within the limits of the Gulbarga Planning Area, as far

back as 1965, is not disputed. The land owners have

placed 29 documents at Exs.P2 to P13 and P21 to P39

to show that all the surrounding lands were converted

to non-agricultural purposes, even before the

preliminary notification was issued. It is submitted that

the lands in question are situated alongside the

peripheral ring road of Kalaburagi. More importantly,

the learned counsel places reliance on the judgment of a

co-ordinate bench of this Court in MFA No.32806/2013

& connected matters, decided on 25.01.2017. Learned

counsel submitted that lands in the neighbouring area

of Zafarabad, Shaik Roza and Taj Sultanpur were

notified for acquisition under Section 4(1) of the L.A. Act

on 19.05.2005, for formation of new Broad Guage

Railway Line from Bidar to Gulbarga. The SLAO had

awarded Rs.1,25,500/- per acre in respect of lands

situated in Shaik Roza, Rs.71,500/- per acre in respect

of lands situated in Zafarabad and Rs.63,500/- per acre

in respect of lands situated in Taj Sultanpur. It is

submitted that Zafarabad is also situated just outside

the peripheral ring road, like Kotnoor village. The

Reference Court had enhanced the compensation to

Rs.65/- per sq.ft. in respect of Zafarabad and Taj

Sultanpur. However, this Court had considered the

same submission which was made by the learned AAG

that the lands were not brought within the Gulbarga

City Corporation limits, but were brought within the

planning area. This Court noticed that in the Master

Plan, the area is reserved for residential purpose shown

in yellow colour. It was noticed that in the surrounding

areas there were establishment of educational

institutions, commercial complexes, UAS, Raichur,

Central University - Kadaganchi, Mahatama Gandhi

Truck Terminal, APMC Yard, Ayurvedic Hospital, etc. In

that view of the matter, this Court upheld the finding of

the Reference Court that the lands in question had high

non-agricultural potential. This Court noticed that a

notification issued under Section 3 of the Karnataka

Municipal Corporations Act, 1976 brings within the

larger urban area, those properties indicated in the

schedule to be called as "Gulbarga City Corporation". It

was opined that the notification did not bring about a

change in the status of the land, but it necessarily

brought such lands within the Corporation limits based

on the population of the area, density of the population

in such area and the other requirements as

contemplated in Section 3 of the KMC Act. Taking into

consideration all such relevant information, this Court

enhanced the compensation to Rs.129.95/- per sq.ft. in

respect of lands situate in Zafarabad and Rs.150/- per

sq.ft. in respect of lands situate in Shaik Roza.

10. Learned counsel Sri Shivanand Patil,

appearing for some of the land owners would submit

that the lands in question are not only situated next to

the peripheral ring road, but also adjacent to the

National Highway Kalaburagi-Bengaluru. In this

regard, the learned counsel draws the attention of this

Court to the schedule provided in the National

Highways Act, 1956, in terms of Section 2, whereby the

National Highway No.218 was extended by notification

dated 25.02.2004, starting from its junction with NH -

13 near Bijapur and connecting Jewargi-Gulbarga and

terminating at its junction with NH-9 near Humnabad,

in the State of Karnataka. Further, by a notification

dated 26.09.2008 issued by the Ministry of Shipping,

Road Transport and Highways, in exercise of powers

conferred under Section 5 of the NH Act, the Central

Government further amended the notification dated

04.08.2005.

11. Heard the learned counsel for the appellants,

learned Additional Advocate General for the respondents

and perused the original records.

12. While considering an appeal under the

comparable sales method of valuation of land for fixing

the market value of the acquired land, the Hon'ble Apex

Court has laid down the law that there are certain

factors which are required to be satisfied and only on

fulfillment of those factors, the compensation can be

awarded. In Karnataka Urban Water Supply and

Drainage Board vs. K.S. Gangadharappa, (2009) 11

SCC 164, factors which merit consideration as

comparable sales are inter alia laid down as under:

"8. It can be broadly stated that the element of speculation is reduced to minimum if the underlined principles of fixations of market value with reference to comparable sales are made;

(i)When sale is within a reasonable time of the date of issuance of notification under Section 4(1);

(ii) It should be a bona fide transaction;

(iii) It should be of the land acquired or of the land adjacent to the land acquired;

           and

           (iv)   It    should        possess    similar
           advantages".

13. Going by these parameters and the decisions

of the Hon'ble Supreme Court referred by the learned

AAG that post notification sale deeds should not be

relied upon, reliance placed on Ex.P-5 sale deed dated

19.03.2009, which is nearly two years subsequent to

the notification dated 26.07.2007, cannot be sustained.

14. However, what is required to be considered

is that in respect of a neighbouring village which is also

situated adjacent to the peripheral ring road and in

many aspects comparable to the lands in question,

where the notification was issued about two years prior

to the present notification, a judgment and award being

passed by this Court could be relied upon, for re-

determining the compensation. In a catena of cases,

the Hon'ble Supreme Court has considered such cases

and held that such instances can be taken into

consideration either by providing escalation or de-

escalation of a certain percentage depending on the date

of issuance of notification. Having regard to such

precedents, this Court is of the considered opinion that

the decision in the case of the State of Karnataka vs.

Mohammed Tajoddin, in MFA Nos.32806/2013 and

connected matters, decided by this Court on

25.01.2017, can be relied upon.

15. We have gone through the Master Plan of

Kalaburagi city and have found Zafarabad, in many

terms, similar to Kotnoor, where the lands in question

are situated. Both Zafarabad and Kotnoor are situated

just beyond the peripheral ring road of Kalaburagi. It

was noticed that in the surrounding areas there were

establishment of educational institutions, commercial

complexes, UAS, Raichur, Central University -

Kadaganchi, Mahatama Gandhi Truck Terminal, APMC

Yard, Ayurvedic Hospital, etc. Similarly, in respect of

the lands in question we find that there are many such

establishments such as All India Radio, Kendriya

Vidyalaya, etc. In addition to such developments in and

around the vicinity, we find that the lands in question

have an added advantage of having the National

Highway - 218 (Bidar to Bengaluru) running adjacent to

the acquired lands. This important aspect has not been

noticed by the Reference Court and neither did the

appellants herein bring it to the notice of the Reference

Court. This Court, while considering the case for

enhancement of compensation accepted the contentions

of the landlords and enhanced the compensation from

Rs.65/- per sq.ft. as awarded by the Reference Court to

Rs.129.95/- per sq.ft., in respect of Zafarabad.

16. Moreover, the contentions raised at the

hands of the learned AAG that the Reference Court had

wrongly accepted the contention of the appellants that

vide notification dated 29.11.1965 Kotnoor village was

included in the Gulbarga city limits, was also

considered by this Court in the case of Mohammed

Tajoddin (MFA No.32806/2013 & connected matters).

Having considered the contention, this Court has held

that a notification issued under Section 3 of the

Karnataka Municipal Corporation Act, 1976, was to

bring such of those properties indicated in the schedule

thereto, within the larger urban area of Gulbarga to be

called the 'Gulbarga City Corporation'. However, the

notification dated 25.09.1997 issued by the Corporation

of City Gulbarga was only to bring the property within

the Corporation limits, based on the population of the

area, density of the population and other requirements

as contemplated in Section 3 of the KMC Act. It was

further held that merely because these areas were not

brought within the limits of the corporation of the city,

it cannot take away the fact that the lands are within

the planning area of the city, as per the notification

dated 29.11.1965 and they have non-agricultural

potential.

17. We have also gone through the impugned

judgment and award passed in LAC No.158/2012

wherein the Reference Court has enhanced the

compensation to Rs.276/- per sq.ft. We find that the

decision in the said case is based on other decisions in

the case of LAC Nos.620/2012 and 623/2012 which

also pertain to the very same village Kotnoor (D) and the

very same notification. However, LAC Nos.620/2012

and 623/2012 are also part of the challenge raised at

the hands of the Commissioner, Kalaburagi Urban

Development Authority.

18. Having regard to all these aspects, this Court

is of the considered opinion that the appellant-land

owners in the eleven cases where the Reference Court

had awarded compensation at the rate of Rs.62/- per

sq.ft. have made out a case for enhancement of

compensation. On the other hand the learned AAG has

also made out a case for re-consideration of the award

at the rate of Rs.276/- per sq.ft. in the other three

matters. Since we have noticed that the lands in

question are abutting the National Highway (Bidar-

Bengaluru) and the respondent - acquiring body KUDA

has all the potential to exploit the advantages, the

percentage of escalation for two years is required to be

fixed. In this regard, we are of the opinion that since

the lands in question are situated within the planning

area of Kalaburagi city and the purpose for which the

lands are acquired is to develop a residential layout and

the lands are abutting the National Highway, the

escalation per year should not be less than 15%.

19. We also take into consideration the fact that

this Court had enhanced the compensation in respect of

lands situated at Shaikh Roza in State of Karnataka

vs. Mohammed Tajoddin, in MFA No.32806/2013 &

connected matters, wherein Rs.150/- per sq.ft. was

fixed. Having regard to the fact that there is a difference

of two years between the notifications and the fact that

the lands in question are abutting the National

Highway, these lands deserve to be equated with the

lands in Shaikh Roza although they were within the City

Corporation limits. Therefore, we have no hesitation to

hold that Rs.150/- per sq.ft. is required to be applied in

the present case, along with a further escalation for a

period of two years.

20. As held earlier, we are of the considered

opinion that the escalation per year should not be less

than 15%, having regard to the factors associated with

the lands in question, Rs.150/- per sq.ft. should be

escalated by 30%, since there is a difference of two

years between the two notifications. Consequently, we

hold that the fair compensation for the lands in

question shall be Rs.195/- per sq.ft.

21. Consequently, we proceed to pass the

following:

ORDER

(i) MFA Nos.200469/2017, 200833/2017 and 200922/2017, filed by the Commissioner, Kalaburagi Urban Development Authority are allowed in part. The judgment and award stands modified by reducing the compensation from Rs.276/- per sq.ft. to Rs.195/- per sq.ft.

(ii) All other MFAs filed at the hands of Commissioner, Kalaburagi Urban

Development Authority are hereby dismissed.

(iii) All the MFAs and Cross Objections filed at the hands of the land owners seeking enhancement of compensation from Rs.62/- per sq.ft. are allowed in part and the compensation is enhanced to Rs.195/- per sq.ft.

(iv) The land owners shall be entitled for all statutory benefits along with the compensation at the rate of Rs.195/- per sq.ft.

(v) Modified award be drawn accordingly.

In view of disposal of the main appeals, pending

interlocutory applications stand disposed of.

Sd/-

JUDGE

Sd/-

JUDGE swk