M Shekarappa vs The Special Land
2021 Latest Caselaw 608 Kant

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 11TH DAY OF JANUARY 2021

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

               M.F.A. NO.5817 OF 2015 (LAC)
BETWEEN:

1.     M. SHEKARAPPA.

2.     M. ESHWARAPPA.

3.     M. NINGAPPA.

       ALL ARE MAJOR
       R/AT. NAVULE, SHIMOGGA
       REP. BY GPA HOLDER
       SHIVANNA, S/O BOREGOWDA
       R/AT. ASHOKANAGAR LAYOUT
       WARD NO.30, SHIMOGA-577201.
                                              ... APPELLANTS
(BY MR. SANGAMESH G. PATIL, ADV.,)

AND:

1.     THE SPECIAL LAND
       ACQUISITION OFFICER, UTP
       SHIMOGA-577201.

2.     THE EXECUTIVE ENGINEER
       UTP, SHIMOGA-577201.
                                          ... RESPONDENTS
(BY MR. PRASHANTH, ADV., FOR
    MR. M.R.C. RAVI, ADV., FOR R2
    MR. JEEVAN J. NEERALGI, AGA FOR R1)
                               2




      THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT AGAINST THE JUDGMENT AND DECREE DATED
10.08.2004 PASSED IN LAC NO.55/2001 ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE (SR.DN.), CJM, SHIMOGA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS M.F.A. COMING ON FOR FURTHER ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                        JUDGMENT

This appeal under Section 54(1) of the Land

Acquisition Act (hereinafter referred to as 'the Act' for

short) by the claimants seeking enhancement of the

amount of compensation, against the judgment dated

10.08.2004 passed by the Reference Court.

2. Facts leading to filing of this appeal briefly

stated are that the appellants are the owners of land

measuring 6 acres of Sy.No.30 situate at

Basavanagangur village, which was acquired for Upper

Tunga Project. Thereupon, the proceeding was initiated

under the Land Acquisition Act, 1894 and the

preliminary notification under Section 4(1) of the Act

was issued on 28.08.1997 and land was acquired and

final notification was published on 23.02.1998.

Thereafter, an award was passed on 07.07.2001.

Therefore, the Land Acquisition Officer assessed the

compensation at the rate of Rs.18,700/- per acre.

Thereupon the appellants sought reference seeking

enhancement of the compensation. The Reference Court

vide judgment dated 10.08.2004 fixed the compensation

at the rate of Rs.40,000/- per acre.

3. When the matter was taken up today, learned

counsel for the appellant submitted that the issue with

regard to determination of market value of the land in

question is squarely covered by judgment of this court

dated 13.01.2020 passed in M.F.A.No.8200/2015. It is

further submitted that the land of the appellants is also

situated at Basavanagangur Village, which has been

acquired for Upper Tunga Project and is similarly

situated to the lands involved in M.F.A.No.8200/2015.On

the other hand, learned counsel for the respondent

submitted that the amount awarded by Reference Court

is just and proper and does not call for any interference.

4. We have considered the submissions made

by learned counsel for the parties and have perused the

record. The Supreme Court in 'ALI MOHAMMAD

BEIGH AND ORS. VS. STATEOF J AND K', AIR 2017

SC 1518 while following the decision in 'UNION OF

INDIA VS. HARINDER PAL SINGH AND OTHERS',

(2005) 12 SCC 564, held that if the lands are similarly

situated and are identical and similar, it would be unfair

to discriminate between the land owners with the matter

of grant of compensation. It is pertinent to note that the

lands have been acquired under the same notification

and for same purpose i.e., for Upper Tunga Project. It is

also pertinent to mention here that the land of the

appellants is at the same village viz., Basavanagangur

Village and has potentiality for non agricultural use.

Therefore, we find that the land of the appellants are

similarly situate as that of land involved in

M.F.A.No.8200/2015 in the aforesaid judgment, in

respect of the lands covered under the same Notification

and for the same purpose and has potentiality for urban

use. In the aforesaid judgment, we have already

determined the market value of land at Rs.105/- per

square feet. Therefore, in order to maintain the parity,

the market value of the land in question is assessed at

the rate of Rs.105/- per square feet. Needless to state

that the appellants shall be entitled to solatium as well

as statutory benefits, which are admissible to them

under the provisions of the Act. To the aforesaid extent,

the award passed by the Reference Court is modified.

In the result, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

ss