Karnataka High Court
The Special Land Acquisition ... vs Smt. Shanta W/O Shrishail Bangi on 12 January, 2021
Author: Ashok S. Kinagi
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MFA No.101246/2017 (LAC)
C/W MFA No.102625/2017 (LAC)
IN MFA No.101246/2017
BETWEEN:
1. SMT. SHANTA W/O. SHRISHAILAPPA BANGI,
AGED ABOUT 72 YEARS, OCC: HOUSEHOLD,
2. SHRI CHANNAPPA S/O. SHRISHAILAPPA BANGI,
AGED ABOUT 52 YEARS, OCC: ADVOCATE,
SHRI JAGADEESH S/O. SHRISHAILAPPA BANGI,
DEAD BY L.R.S,
3. SMT. SHOBHA W/O. JAGADISH BANGI,
AGED ABOUT 39 YEARS, OCC: ADVOCATE,
4. MISS. POOJA D/O. JAGADISH BANGI,
AGED ABOUT 19 YEARS,
5. KUMAR PAVAN S/O. JAGADISH BANGI,
AGED ABOUT 17 YEARS,
6. SRI.MAHESH S/O SHRISHAIL BANGI,
AGED ABOUT 45 YEARS,
ALL R/AT KOLUR, TQ.BILAGI, DIST: BAGALKOTE.
PRESENTLY R/AT MUDHOL ROAD, JAMKHANDI,
DIST: BAGALKOTE-587201.
APPELLANT No.5 IS MINOR REP BY THEIR NATURAL
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MOTHER AND NATURAL GUARDIAN, SMT. SHOBHA BANGI,
APPELLANT NO. 3.
7. SMT GEETA W/O. SHIVANAND SULTANPURE,
AGED ABOUT 50 YEARS,
R/O. KOLUR, TQ:BILAGI
PRESENTLY R/AT: ICHALKARNAJEE,
DIST: KOLHAPURE, MAHARASTRA.-413101
.. APPELLANTS
(BY SRI.MRUTYUNJAYA TATA BANGI, ADV.)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT,
BILAGI, DIST: BAGALKOTE.-587201
2. THE STATE OF KARNATAKA
REP BY ITS DEPUTY COMMISSIONER,
NAVANAGAR, BAGALKOTE-587201
.. RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 & R2)
THIS APPEAL IS FILED UNDER SECTION 54 OF THE LAND
ACQUISITION ACT PRAYING TO MODIFY THE JUDGMENT AND
AWARD PASSED BY THE SENIOR CIVIL JUDGE & JMFC, BILAGI
DATED 17.12.2016 IN LAC No.24/2011 AND ENHANCE THE
COMPENSAITON AS CLAIMED BY ALLOWING THE PRESENT
APPEAL.
IN MFA No.102625/2017
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT,
BILAGI TALUK, BILAGI.
2. THE STATE OF KARNATAKA
REPRESENTED BY THE DEPUTY COMMISSIONER,
NAVANAGAR, BAGALKOTE.
.. APPELLANTS
3
(BY SRI.V.S.KALASURMATH, HCGP)
AND:
1. SMT. SHANTA W/O SHRISHAIL BANGI
AGE: MAJOR, OCC: AGRICULTURE,
2. SRI.CHANNAPPA S/O SRISHAIL BANGI
AGE: MAJOR, OCC: AGRICULTURE,
3. SRI.JAGADISH S/O SRISHAIL BANGI
SINCE DECEASED BY HIS
LEGAL REPRESENTATIVES:
3A. SMT.SHOBHA W/O JAGADISH BANGI,
AGE: MAJOR, OCC: AGRICULTURE,
3B. KUMARI POOJA S/O JAGADISH BANGI,
AGE: MAJOR, OCC: AGRICULTURE,
3C. KUMAR PAVAN
S/O JAGADISH BANGI,
MINOR REPRESENTED BY
HIS NATURAL MOTHER AND
MINOR GUARDIAN CLAIMANT NO.3A.
SMT.SHOBHA W/O JAGADISH BANGI.
4. SRI.MAHESH S/O SHRISHAIL BANGI,
AGE: MAJOR, OCC: AGRICULTURE,
5. SMT.GEETA
W/O SHIVANAND SULTANPURE,
AGE: MAJOR, OCC: AGRICULTURE,
ALL ARE R/O: KOLUR, TALUK: BILAGI.
.. RESPONDENTS
(BY SRI.MRUTYUNJAYA TATA BANGI, ADV. FOR R2,
NOTICE TO R1, R3A TO R3C, R4 ARE SERVED)
THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE
LAND ACQUISITION ACT, 1894 PRAYING TO MODIFY/SET ASIDE
THE JUDGMENT AND AWARD DATED 17.12.2016 PASSED BY
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THE SENIOR CIVIL JUDGE AND JMFC, BILAGI IN LAC
No.24/2011 BY ALLOWING THIS APPEAL.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants in MFA No.101246/2017 being
aggrieved by the judgment and award dated 17.12.2016
passed in LAC No.24/2011 passed by the Senior Civil
Judge & JMFC, Bilagi filed this appeal seeking
enhancement of compensation. MFA No.102625/2017 is
filed by the State seeking to set aside the judgment and
award dated 17.12.2016 passed in LAC No.24/2011 passed
by the Senior Civil Judge & JMFC, Bilagi.
2. Brief facts of the case of the appellants are
that, appellants are the land owners of the land bearing
Sy.No.112/2 measuring 3 acres 16 guntas situated at
Kolur village, Bilagi Taluk, Bagalkot District. The said lands
were proposed to be acquired for Upper Krishna Project.
Preliminary notification dated 17.07.2003 was issued
under Section 4(1) of the Land Acquisition Act, 1894
(hereinafter referred to as 'the Act' for short). The
respondents passed an award on 30.10.2008 fixing the
market value of the land at Rs.87,680/- per acre treating
the land as irrigated land. On 03.02.2009 the appellants
submitted reference application before the respondents for
adjudication of the price of the land and claimed the land
to be valued at Rs.15,00,000/- per acre. On 15.07.2011,
the respondents submitted the reference application for
reference to the civil Court under Section 18 of the Act.
The reference Court by judgment and award dated
17.12.2016 fixed the marked value of the land at
Rs.2,70,950/- per acre with statutory benefits. The
appellants being aggrieved by the judgment and award
passed by the reference Court filed this appeal seeking
enhancement of compensation and State has also
challenged the judgment and award on the ground that the
market value fixed by the reference Court is on the higher
side.
3. Heard the learned counsel for the appellants
and learned High Court Government Pleader for the State.
4. It is submitted by the learned counsel for the
appellants that the matter is squarely covered by the
Division Bench judgment of this Court passed on
08.01.2008 in MFA No.435/2005 and other connected
matters. He would contend that following the said case, a
Coordinate Bench of this Court in MFA No.21260/2010 by
judgment dated 08.06.2011 and also judgment passed in
MFA No.25437/2011 disposed off on 07.08.2013
determined the market value of the land therein at
Rs.2,35,000/- per acre. The Division Bench based on the
yield certificate and the price list has taken a view that
yield of sugarcane per acre is 50 tonnes and price at
Rs.950/- per tonne. Employing the multiplication method,
Division Bench held that per year the income aggregates
to Rs.47,500/- and by deducting 50% towards cost of
cultivation, the amount determined was at Rs.23,750/-.
Applying the multiplier of 10, Division Bench arrived at
Rs.2,37,500/- as the market value per acre and rounded it
off to Rs.2,35,000/-. Hence, he seeks to allow the appeal
and enhance the compensation.
5. Per contra, learned HCGP supports the
impugned order and submits that the market value fixed
by the reference Court is on the higher side. Hence, he
submits that the appeal filed by the claimants may be
dismissed and appeal filed by the State may be allowed.
6. Perused the records and also submissions
made by the learned counsel for the parties.
7. In the present case, the land came to be
acquired for the same purpose as it was acquired in MFA
No.21260/2010, namely for Upper Krishna Project. In the
present case, the preliminary notification was issued in the
year 2003 and the preliminary notification issued in MFA
No.21260/2010 is of the year 1999. Before the reference
Court the appellants have produced yield certificate and
price list to demonstrate and establish that the appellants
are growing sugarcane in the land in question. The said
evidence placed by the appellants came to be accepted by
the reference Court. In that view of the matter, by taking
into consideration the judgment of Division Bench of this
Court rendered in MFA No.435/2005, which came to
followed by Coordinate Bench of this Court in MFA
No.21260/2010, I deem it just and proper to fix the same
market value for the land at Rs.2,35,000/-. There shall be
an 10% escalation that comes to Rs.3,79,330/-.
8. Hence, following the Division Bench judgment
passed in MFA No.435/2005 on 08.01.2008 which came to
be followed by the Coordinate Bench on 08.06.2011 in MFA
No.21260/2010, this appeal is allowed in part by
enhancing the market value of the land in question from
Rs.2,79,950/- to Rs.3,79,330/- per acre. The appellants
are entitled to statutory benefits like additional market
value, solatium and interest besides proportionate costs.
9. In view of the appeal filed by the appellants
allowed in part, MFA No.102625/2017 filed by the State
does not survive for consideration and the same is
dismissed.
Sd/-
JUDGE
MBS/-
