Prakash vs The Special Land Acquisition ...
2021 Latest Caselaw 166 Kant

                            1




           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

        DATED THIS THE 5TH DAY OF JANUARY 2021

                         BEFORE

       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

                MFA No.103201/2016 (LAC)

BETWEEN:

PRAKASH S/O HANAMANTHAPPA BISANAKOPPA,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O KULAGD, TAL: GOKAK-591307,
DIST: BELAGAVI.
                                      .. APPELLANT
(BY SRI.N.L.BATAKURKI, ADV.)

AND:

1.     THE SPECIAL LAND ACQUISITOIN OFFICER,
       HIDKAL DAM, HUKKERI, DIST: BELAGAVI-590001.

2.     THE EXECUTIVE ENGINEER,
       KNNL/RBC DIVISION No.5, KOUJALAGI,
       TAL: GOKAK-591307, DIST: BELAGAVI.

                                        .. RESPONDENTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1,
    SRI.RAMESH N.MISALE, ADV. FOR R2)

      THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE
L.A.ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD
DATED 29.11.2014 PASSED IN L.A.C.NO.3/2012 ON THE FILE
OF THE PRL. SENIOR CIVIL JUDGE, GOKAK AND ENHANCE THE
COMPENSATION B ALLOWING THE APPEAL TO MEET THE ENDS
OF JUSTICE.
                                2




     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

The appellant aggrieved by the judgment and award

dated 29.11.2014 passed in L.A.C.No.3/2012 on the file of

the Principal Senior Civil Judge, Gokak filed this appeal.

2. Brief facts of the case of the appellant are that,

respondents acquired the land bearing Sy.No.331/1 in

pursuance of 4(1) notification dated 06.03.2008.

Respondent No.1 awarded compensation of Rs.2,35,244/-

for 20 mango trees. The appellant received the award

amount under protest and filed reference petition under

Section 18(1) of the Land Acquisition Act.

3. Respondent No.1 filed statement of objections

denying the claim made by the appellant and justified the

valuation fixed by it. Hence, he prays to reject the

reference.

4. The reference Court on the basis of the

pleadings of the parties, framed following points:

i) Whether petitioner shows that the award made by SLAO is inadequate?

ii) If so, what should be the quantum of enhancement?

iii) What order?

5. The claimant examined himself as P.W.1 and

got marked Exs.P1 to P5. The respondents marked copy of

the award as Ex.R1. The reference Court allowed the

reference in part and enhanced the value of Rs.5,738/- per

one mango tree, i.e., Rs.1,14,760/- for 20 mango trees.

The reference Court also granted solatium at the rate of

30% on the enhanced value and further awarded

additional market value at the rate of 12% p.a. on the

enhanced market value from the date of publication of

4(1) notification to the date of awarded of the collector.

The appellant aggrieved by the award passed by the

reference Court filed this appeal.

6. Heard the learned counsel for the appellant

and learned counsel for respondent No.2.

7. Learned counsel for the appellant submits that

reference Court has committed an error in awarding

market value at Rs.17,500/- per mango tree which is on

the lower side. He placed reliance on the Division Bench

judgment of this Court passed in MFA No.25135/2012

disposed off on 21.04.2014 wherein the Division Bench has

determined the market value at Rs.17,000/- per mango

tree. Accordingly, he prays to allow the appeal.

8. Per contra, learned counsel for respondent

No.2 submits that the compensation awarded by the

reference Court is just and proper. He further submits that

the reference Court has awarded exorbitant market value

at Rs.17,500/- per mango tree. Hence, he prays to dismiss

the appeal.

9. Perused the records and also submissions

made by the learned counsel for the parties.

10. It is not in dispute that the land of the

appellant was acquired under 4(1) notification dated

06.03.2008 and an award was passed by the SLAO

awarding Rs.2,35,244/- for 20 mango trees existed in the

acquired land. From perusal of Ex.R1, there is a reference

of about 20 mango trees in the acquired land. The Division

Bench of this Court in MFA No.25135/2012 determined

market value per mango tree at Rs.17,000/- whereas the

reference Court has determined the market value per

mango tree at Rs.17,500/-, which is on the higher side.

The reference Court was justified in awarding a sum of

Rs.17,500/- per mango tree. I do not find any good

ground to interfere with the award passed by the reference

Court.

Accordingly, the appeal is dismissed.

SD/-

JUDGE MBS/-