Sabanna Tippanna Jalageri vs The Special Land Acquisition
2021 Latest Caselaw 501 Kant

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            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

         DATED THIS THE 8TH DAY OF JANUARY 2021

                        BEFORE

        THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

                MFA NO.21882/2013(LAC)

BETWEEN:

1.    SABANNA TIPPANNA JALAGERI
      SINCE DECEASED BY HIS LRS.

1A.   SEETAWWA
      W/O SABANNA JALAGERI @ TUMBARMATTI,
      AGE: 76 YEARS, OCC: HOUSEHOLD WORK,
      R/O GARADDINNI, NOW AT
      KOLAR, TQ: BASAVAN BAGEWADI,
      DIST: BIJAPUR

1B    SHIVALINGAPPA
      S/O SABANNA JALAGERI
      @ TUMBARMATTI, AGE: 51 YEARS,
      OCC: AGRICULTURE,
      R/O: GARADDINNI, NOW AT KOLAR
      TQ: BASAVAN BAGEWADI,
      DIST: BIJAPUR

1C.   SANGAPPA SABANNA JALAGERI
      @ TUMBARMATTI, AGE: 46 YEARS,
      OCC: AGRICULTURE,
      R/O: GARADDINNI, NOW AT KOLAR
      TQ: BASAVAN BAGEWADI,
      DIST: BIJAPUR

1D.   YALLAPPA SABANNA JALAGERI
      @ TUMBARMATTI, AGE: 41 YEARS,
      OCC: AGRICULTURE,
      R/O: GARADDINNI, NOW AT KOLAR
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       TQ: BASAVAN BAGEWADI,
       DIST: BIJAPUR

2.     GIRIYAPPA YAMANAPPA JALAGERI
       AGE: 61 YEARS, OCC: AGRICULTURE,
       R/O: GARADDINNI,
       TQ: BILAGI, DIST: BAGALKOT

6.     GIRIYAPPA TIPPANNA JALAGERI
       AGE: 71 YEARS, OCC: AGRICULTURE,
       R/O: GARADDINNI,
       TQ: BILAGI, DIST: BAGALKOT
                                          .... APPELLANTS
(BY SRI. LINGRAJ MARADI, ADV.)

AND:

THE SPECIAL LAND ACQUISITION
OFFICER, UPPER KRISHNA PROJECT,
BILAGI, TQ: BILAGI,
DIST: BAGALKOT.
                                          ...RESPONDENT
(BY SRI.V.S. KALASURMATH, HCGP)


       THIS MFA IS FILED UNDER SECTION 54(1) OF LA ACT,
AGAINST THE JUDGMENT AND AWARD DATED 17.12.2011
PASSED IN LAC NO.3/2008 ON THE FILE OF THE SENIOR CIVIL
JUDGE, BILAGI, PARTLY ALLOWING THE REFERENCE PETITION
FOR    COMPENSATION    AND   SEEKING   ENHANCEMENT    OF
COMPENSATION.

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


                       JUDGMENT

The appellants being aggrieved by the award dated

17.12.2011, passed by the Senior Civil Judge, Bilagi, in

LAC No.3/2008 filed this appeal.

2. The brief facts of the case of the appellants is

that, the appellants are the owner of the land bearing R.S.

No.37/2, measuring 5 acres 25 guntas of Garaddinni

village in Bilagi taluk, Bagalkot District. The respondents

issued gazette notification under Section 4(1) of Land

Acquisition Act for acquiring the land on 25.02.1999. The

Special Land Acquisition Officer, Upper Krishna Project,

Bilagi has passed an award on 28.03.2002 fixing the

market value of the land at Rs.23,475/- for acquired land,

treating the said land as dry land.

3. The appellants being not satisfied with the

award passed by the Special Land Acquisition Officer, filed

a reference application under Section 18 of Land

Acquisition Act on 11.02.2004 claiming enhanced

compensation at Rs.6,00,000/per acre. The reference

Court after considering the pleadings of the parties,

framed the following issues for consideration:

1. Whether the reference petition filed by

the claimants before the SLAO is within

limitation?

2. Whether the claimants prove that the

compensation determined by the

opponent-LAOOO to their land i.e.,

inadequate & improper one?

3. Whether the claimants are entitled for

enhanced compensation? If so, at what

rate?

4. What order or award?

4. The appellants in support of their claim

application, appellant No.1 examined himself as PW1 and

one witness as PW2 and produced the documents as per

Ex.P1 to P15. The respondents have not entered into

witness box, got marked the documents as per Ex.R1 to

R3. The reference Court after considering the material on

record has enhanced the market value from Rs.23,475/per

acre to Rs.65,700/ per acre treating the acquired land as

irrigated land, fertile and growing crops. The appellants

aggrieved by the award passed by the reference Court filed

the present appeal.

5. Heard the learned counsel appearing for the

appellants and the learned HCGP and perused the records.

6. The learned counsel appearing for the

appellants submits that the reference Court has committed

an error in awarding a lesser compensation. He also relies

on the judgment of this Court passed in MFA

No.20333/2009 (LAC) in the case of Appasab V/s. The

Special Land Acquisition of Officer, UKP, Bilagi,

disposed of on 02.09.2010, wherein the notification under

Section 4(1) of Land Acquisition Act was of dated

13.07.2000. In the present case, the notification under

Section 4(1) is of dated 25.02.1999. There is a time gap

of one year. He further submits that the appellants are

entitled for enhanced compensation @ Rs.2,02,500/- per

acre, hence, prays for allowing the appeal.

7. Per contra, learned counsel for the State

supports the impugned judgment and submits that the

reference Court was justified in awarding and fixing the

market value at Rs.65,700/ per acre. He further submits

that there is no ground to interfere with the impugned

award, hence, he prays to reject the appeal.

8. Perused the records and also submissions of

the learned counsel appearing for the parties.

9. It is not in dispute that the appellants are the

owners of the land bearing R.S. No.37/2, measuring 5

acres 25 guntas and the same was acquired by the

notification dated 25.02.1999 and the Special Land

Acquisition Officer has fixed the market value at

Rs.23,475/- per acre treating the said land as a dry land.

The appellants not been satisfied with the award passed by

the Special Land Acquisition Officer have filed the

reference application under Section 18(1) of Land

Acquisition Act.

10. The learned counsel for the appellants has

relying upon the judgment of this Court in MFA

No.20333/2009 (Stated supra), wherein the coordinate

Bench of this Court has determined the market value at

Rs.2,25,000/ per acre, wherein the notification under

Section 4(1) was issued on 13.07.2000. In the present

case, 4(1) notification was issued on 25.02.1999 and the

purpose of acquisition is same and both lands situated in

the same village. If the market value is fixed by this Court

in the aforesaid MFA is taken into consideration i.e.,

Rs.2,25,000/ per acre in the year 2000 and the present

notification is of the year 1999, if the de-escalation is

affected at the rate of 10% for one year is Rs.22,500/-,

the deductable amount aggregate to Rs.22,500/-. If

Rs.22,500/- is deducted from Rs.2,25,000/-, the residuary

amount would be Rs.20,2,500/per acre. It would be

appropriate to determine the market value at

Rs.2,02,500/- per acre.

Accordingly, appeal is allowed in part. The

appellants are entitled at market value @ Rs.2,02,500/per

acre, which shall be proportionately calculated for the land

lost by the appellants herein and are also entitled to

statutory benefits and costs incurred in this appeal.

The appellants are not entitled to interest for the

delayed period of 406 days as per order dated 19.08.2013.

SD/-

JUDGE MNS/