Nagarathmanni vs Assistant Commissioner
2021 Latest Caselaw 526 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 08TH DAY OF JANUARY, 2021

                       PRESENT

         THE HON'BLE MR.JUSTICE ALOK ARADHE

                         AND

      THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY

            M.F.A. NO.6375 OF 2016 (LAC)


BETWEEN:

NAGARATHMANNI
SINCE DEAD BY LRS,

1.     CHANDRAKANTHAMANI
       W/O LATE U.G. LAKSHMANIKANTHARAJE
       URS,
       AGED ABOUT 63 YEARS,

2.     U.G. JAYALAKSHMANI
       D/O NAGARATHAMANNI,
       AGED ABOUT 64 YEARS,

3.     U.G. NIRMALA
       D/O NAGARATHAMANNI,
       AGED ABOUT 62 YEARS,

4.     U.G. NAGARATHAMANI,
       D/O NAGARATHAMANNI,
       AGED ABOUT 54 YEARS,

5.     U.G. GOPALARAJE URS
       S/O NAGARATHAMANNI,
       AGED ABOUT 54 YEARS,
                           2




6.     U.G. PADMA
       D/O NAGARATHAMANNI,
       AGED ABOUT 54 YEARS,

       ALL ARE R/AT NO.905,
       59, 4TH MAIN, 4TH CROSS,
       VIDYARANAYAPURAM,
       MYSURU-570023.
                             ... APPELLANTS

(BY SRI. MAHADEVA SWAMY P, ADVOCATE)

AND:

ASSISTANT COMMISSIONER,
THE SPECIAL LAND ACQUISITION OFFICER,
MYSORE SUB-DIVISION,
MYSORE-570005.
                       ... RESPONDENT

(BY SRI. JEEVAN J. NEERALGI, ADDITIONAL GOVERNMENT
ADVOCATE)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT
AGAINST THE JUDGMENT AND DECREE DATED 11.03.2010
PASSED IN LAC NO.166/2001 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSORE,
PARTLY ALLOWING THE REFERENCE PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
NATARAJ     RANGASWAMY     J.,  DELIVERED   THE
FOLLOWING:
                               3




                          JUDGMENT

Though this appeal is listed for orders regarding the

condonation of delay, since the issued involved in this

appeal lies in a narrow compass, it is taken up for final

disposal with the consent of the learned counsel

representing the parties.

2. This appeal is filed challenging the order dated

11.03.2010 passed by the II Additional Senior Civil Judge

and CJM., Mysuru, (henceforth referred to as the

'Reference Court') in LAC No.166/2001 determining the

market value of the property in question at Rs.300/- per

square foot.

3. The appellants are the legal representatives of

Smt.Nagarathnammanni, who claimed to be the absolute

owner of the land bearing Nos.670/6 and 38/6 measuring

1500 square meters and situate at Mysuru city which was

acquired by the Government for Chamundi Vihar stadium

in terms of a preliminary notification dated 08.05.1997

followed by a final notification and followed by an award

dated 06.10.1998 in terms of which the market value of

the land belonging to Smt.Nagarathnammanni was fixed at

a sum of Rs.1025/- per square meter aggregating to a

sum of Rs.21,10,219/-. The said Smt.Nagarathnammanni

sought reference under Section 18 of the Land Acquisition

Act, 1894 which was referred to the learned Senior Civil

Judge, Mysuru, for adjudication, wherein she sought for

the market value as determined by the Reference Court in

other cases in LAC Nos.41/2003 and 42/2003. In the

meanwhile, the said Smt.Nagarathnammanni died leaving

behind appellants.

4. The appellant No.3 herein was examined as

PW.1 and she marked documents Exs.P1 to P5 and sought

enhancement of the market value at Rs.5000/- per square

meter along with statutory benefits. The Reference Court

partly allowed the reference following the Judgment and

Award in LAC Nos.41 and 42 of 2003 and passed a

Judgment and Award dated 11.03.2010 and determined

the market value at Rs.300/- per square foot by

comparable method along with statutory benefits. The

appellants thereafter challenged the Judgment and Award

of the Reference Court before the VI Additional District and

Special Judge in LAC Appeal No.515/2010 which was

dismissed on 15.02.2016 for want of pecuniary

jurisdiction. Thereafter, the appellants have filed this

appeal challenging the Judgment and Award of the

Reference Court.

5. It is stated that the reference in LAC

Nos.41/2003 and 42/2003 in respect of the very same

acquisition for the very same purpose, appeals were filed

before this Court in MSA Nos.126/2010 and 127/2010.

This Court in terms of the Judgment dated 19.09.2013 had

determined the market value of the property at a sum of

Rs.400/- per square foot. The appellants have placed on

record certified copy of the Order passed by this Court in

MSA Nos.126/2010 and 127/2010 along with I.A.

No.2/2017 for production of additional documents. As the

appellants have placed on record a certified copy of the

judgment, there is no impediment to allow the application

and hence the same is allowed and the certified copy of

the Judgment in MSA No.126/2010 and MSA No.127/2010

is marked as Ex.P6.

6. In view of the fact that this Court has

determined and enhanced the market value from Rs.300/-

per square foot to a sum of Rs.400/- per square foot in

MSA No.126/2010 and MSA No.127/2010, the appellants

are also entitled compensation at the rate of Rs.400/- per

square foot in respect of the land owned by them along

with all statutory benefits, in view of the language of

Section 28A of the Land Acquisition Act, 1894.

Hence, this appeal is allowed in part and the

impugned judgment of the Reference Court in LAC

No.166/2001 is modified and the market value of the

property in question is determined at a sum of Rs.400/-

per square foot which is payable to the appellants along

with all consequential benefits and interest and cost

thereon. The respondent shall deposit the compensation

as determined by this Court before the Reference Court

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

a certified copy of this judgment.

Sd/-

JUDGE

Sd/-

JUDGE

sma