Mohan Venkatesh Kulkarni, vs The Special Land Acquisition ...
2021 Latest Caselaw 753 Kant

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            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 13th DAY OF JANUARY 2021

                         BEFORE

       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

               MFA No.101080/2017 (LAC)
            C/W MFA CROB.100129/2017 (LAC)

IN MFA No.101080/2017

BETWEEN:

1.     THE SPECIAL LAND ACQUISITION OFFICER,
       UPPER KRISHNA PROJECT,
       BILAGI,
       TQ: BILAGI.-587116

2.     THE STATE OF KARNATAKA,
       REPRESENTED BY DEPUTY COMMISSIONER,
       NAVANAGAR,
       BAGALKOT.-587103

                                           .. APPELLANTS
(BY SRI.V.S.KALASURMATH, HCGP)

AND:

1.     MOHAN VENKATESH KULKARNI,
       AGE: MAJOR, OCC: AGRICULTURE,
       R/O: GALAGALI, TQ: BILAGI.-587117

2.     MURLIDHAR VENKATESH KULKARNI,
       AGE: MAJOR, OCC: AGRICULTURE,
       R/O: GALAGALI, TQ: BILAGI.-587117

3.     RAGHUNATH VENKATESH KULKARNI,
       AGE: MAJOR, OCC: AGRICULTURE,
       R/O: GALAGALI, TQ: BILAGI.-587117
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4.     VASANTH VENKATESH KULKARNI,
       AGE: MAJOR, OCC: AGRICULTURE,
       R/O: GALAGALI, TQ: BILAGI.-587117
                                             .. RESPONDENTS
(BY SRI.JAGADISH PATIL, ADV. FOR R1 TO R4)

     THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE
LAND ACQUISITION ACT, 1894 PRAYING TO MODIFY THE
JUDGMENT AND AARD PASSED BY THE SENIOR CIVIL JUDGE &
JMFC, BILAGI IN LAC No.34/2011, DATED 17.12.2016 BY
ALLOWING THIS APPEAL.

MFA CROB.100129/2017

BETWEEN:

1.     MOHAN VENKATESH KULKARNI,
       AGE: 75 YEARS, OCC: AGRICULTURE
       R/O: GALAGALI, TAL: BILAGI, DIST: BAGALKOT.

2.     MURALIDHAR VENKATESH KULKARNI,
       AGE: 70 YEARS, OCC: AGRICULTURE
       R/O: GALAGALI, TAL: BILAGI, DIST: BAGALKOT.

3.     RAGHUNATH VENKATESH KULKARNI,
       AGE: 65 YEARS, OCC: AGRICULTURE
       R/O: GALAGALI, TAL: BILAGI, DIST: BAGALKOT.

4.     VASANT VENKATSH KULAKANI,
       AGE: 63 YEARS, OCC: AGRICULTURE
       R/O: GALAGALI, TAL: BILAGI, DIST: BAGALKOT.

                                     .. CROSS OBJECTORS
(BY SRI.JAGADISH PATIL, ADV.)

AND:

1.     THE SPECIAL LAND ACQUISITION OFFICER,
       UPPER KRISHNA PROJECT,
       BILAGI, TAL: BILAGI.
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2.   THE STATE OF KARNATAKA
     REPRESENTED BY,
     DEPUTY COMMISSIONER
     NAVANAGAR-BAGALKOT.
                                            .. RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP)

      THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF
THE CPC PRAYING TO ALLOW THIS CROSS OBJECTION AND TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR
CIVIL JUDGE, BILAGI IN LAC No.34/2011 DATED 17.12.2016
AND AWARD COMPENSATION AT THE RATE OF Rs.2,94,435/-
FOR 35 GUNTAS BUT IN THIS APPEAL CROSS OBJECTORS MAY
KINDLY BE AWARDED Rs.3,05,565/- (I.E, Rs.6,00,000/-
Rs.2,94,435/-) FOR 35 GUNTAS BALANCE AMOUNT WITH THE
STATUTORY BENEFITS.

      THIS MFA AND MFA CROB. COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

The State being aggrieved by the judgment and

award dated 17.12.2016 passed by the Senior Civil Judge

and JMFC, Bilagi in LAC No.34/2011 filed this appeal. The

claimants also filed cross objection seeking enhancement

of compensation.

2. Brief facts of the case are that, respondents

were the owners of the land bearing R.S.No.189 measuring

35 guntas situated at Galagali village in Bilagi Taluk. The

appellants proposed to acquire the lands at Galagali village

for Upper Krishna Project. A preliminary notification under

Section 4(1) of the Land Acquisition Act, 1894 (hereinafter

referred to as 'the Act' for short) was issued on

19.07.2008. Appellant No.1 passed an award fixing the

market value at Rs.1,05,070/- per acre treating the land

as irrigated land growing sugarcane. The claimants being

dissatisfied with the compensation amount fixed by

appellant No.1 filed a reference application under Section

18(1) of the Act.

      3.       In        order    to     prove    the     case    of     the

respondents/cross            objectors,        respondent      No.4      was

examined as P.W.1 and got marked Exs.P1 to P15. The

appellants have not adduced any evidence and only 12(2)

notices were marked with consent as Exs.R1 and R2. The

reference Court has formulated the points for

consideration, which reads as under:

i) Whether the reference petition filed by claimants

before SLAO is well within time?

ii) Whether claimants prove that compensation

amount determined by LAO to their land is

inadequate and improper one?

iii) Whether claimants are entitled for enhanced

compensation? if so, at what rate?

iv) What order or award?

4. The reference Court held that the reference

petition filed by the claimants is well within the time and

determined the market value of the acquired land at

Rs.2,94,435/- for 35 guntas of acquired land involved in

this case. The State being aggrieved by the judgment and

award passed by the reference Court filed this appeal. The

claimants/respondents being aggrieved by the judgment

and award of the reference Court filed cross objection

seeking enhancement of the compensation amount.

5. Heard learned High Court Government Pleader

and Sri.Jagadish Patil, learned counsel for the

respondents/cross objectors.

6. Learned HCGP submits that the market value

fixed by the reference Court is on the higher side. He

further submits that the reference Court without

considering the material on record has enhanced the

market value, which is arbitrary and the same is liable to

be set aside.

7. Per contra, learned counsel for the

respondents/cross objectors submits that the reference

Court has committed an error in fixing the market value at

Rs.3,36,500/- per acre, it is on the lower side. In fact the

reference Court without taking into consideration the yield

certificate, i.e., Ex.P7 produced by the respondents for the

year 2008-09, the market value has to be fixed for

sugarcane at Rs.1,918.68 per ton, whereas the reference

Court has fixed the market value at Rs.1,189.24 per ton,

which is for the year 2007-08. Hence, he submits that the

reference Court committed an error in fixing the market

value and prays to allow the cross objection and dismiss

the appeal filed by the State.

8. Perused the records and also submissions

made by the learned counsel for the parties.

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

respondents was acquired by the appellants by issuing

notification under Section 4(1) of the Act and appellant

No.1 has fixed the market value for the acquired land at

Rs.1,05,070/- per acre treating the acquired land as

irrigated land. The respondents being dissatisfied with the

market value fixed by appellant No.1 filed an application

under Section 18(1) of the Act. The reference Court after

recording the evidence and after considering the

documents produced by the respondents enhanced the

market value to Rs.2,94,435/- for 35 guntas of land

involved in this case. From perusal of the Ex.P7-yield

certificate produced by the respondents for the year 2007-

08, the sugarcane per acre is 50 tons. As far as Ex.P6-

price list including cutting and transportation charges is

concerned, the same is shown as Rs.1,918.68 per ton for

the year 2008-09, whereas the reference Court has taken

the price at Rs.1,189.24 for the year 2007-08. In fact the

land was acquired on 19.07.2008. The reference Court

ought to have taken into consideration for the year 2008-

09 as the price for sugarcane at Rs.1,918.68 per ton x 50

ton = Rs.95,934/- less 50% cultivation charges =

Rs.47,967/- and the multiplier of '10' is applicable, which

comes to Rs.4,79,670/- per acre. Whereas the reference

Court has committed an error in accepting the price for the

year 2007-08. Hence, the respondents have made out a

case for enhancement of compensation.

10. As observed above, taking into consideration

the price of sugarcane for the year 2008-09 at

Rs.1,1918.68 per ton, the respondents/cross objectors are

entitled to the market value at the rate of Rs.4,79,670/-

per acre. Accordingly, the respondents/cross objectors are

entitled to Rs.4,19,711/- as against Rs.2,94,435/- for 35

guntas of acquired land. Accordingly, I proceed to pass the

following:

ORDER

The appeal filed by the State is dismissed.

The cross objection is allowed in part. The judgment

and award dated 17.12.2016 passed by the Senior Civil

Judge and JMFC, Bilagi in LAC No.34/2011 is modified. The

cross objectors are entitled to the market value at the rate

of Rs.4,19,711.25 which is rounded off to Rs.4,19,700/-

for 35 guntas of acquired land with all other statutory

benefits and costs incurred in cross objection.

SD/-

JUDGE MBS/-