Sri Kupendra vs The Special Land Acquisition ...
2021 Latest Caselaw 829 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 13TH DAY OF JANUARY 2021

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                              AND

     THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

               M.F.A. NO.609 OF 2016 (LAC)
BETWEEN:

1.     SRI. KUPENDRA
       S/O LATE NEELAPPA
       AGED ABOUT 57 YEARS.

2.     HALAPPA
       S/O LATE NEELAPPA
       AGED ABOUT 54 YEARS.

       BOTH ARE RESIDING AT
       VINOBHA NAGARA POST
       ALKOLA VILLAGE, SHIVAMOGA CITY
       SHIVAMOGA TALUK
       SHIVAMOGA DISTRICT-577201.
                                              ... APPELLANTS
(BY MR. SANGAMESH G. PATIL, ADV.,)

AND:

1.     THE SPECIAL LAND ACQUISITION OFFICER
       TUNGA PROJECT, SHIMOGA CITY
       SHIMOGA TALUK, SHIMOGA
       DISTRICT-577201.

2.     THE EXECUTIVE ENGINEER
       K.N.N.L.U.T.P
       SHIMOGA CITY
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     SHIMOGA TALUK
     SHIMOGA DISTRICT-577201
                                             ... RESPONDENTS
(BY MR. JEEVAN J. NEERALGI, AGA FOR R1
    MR. B.V. PRAKASH ANGADI, ADV., FOR R2)
                             ---

      THIS M.F.A. IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED
19.07.2011 PASSED IN LAC NO.116/2004 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE, CJM, SHIMOGA, PARTLY
ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

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

                       JUDGMENT

This appeal under Section 54(1) of the Land

Acquisition Act, 1894 (hereinafter referred to as 'the Act'

for short) has been filed by the land owners seeking

enhancement of compensation against the judgment

dated 19.07.2011 passed by the Reference Court.

2. Facts leading to filing of this appeal briefly

stated are that the appellants are the owners of lands

measuring 12 guntas of Sy. Nos.93/4 and to an extent

of 1 acre of Sy.No.94/3 at Ankola Village, Shimoga

Taluk. The aforesaid lands along with other lands were

noted for construction of tunga channel. Thereupon, the

proceedings under the Act were initiated and the Land

Acquisition Officer awarded the compensation to the

tune of Rs.2,08,389/- in respect of 1 acre of land. Being

dissatisfied by the amount of compensation, the

appellants sought a reference under Section 18 of the

Act. The Reference Court, vide impugned judgment

dated 19.07.2011, determined the market value at

Rs.47/- per square feet and held that the appellants are

entitled to all consequential benefits. In the aforesaid

factual background, this appeal has been filed seeking

enhancement of compensation.

3. When the matter was taken up today, learned

counsel for the appellants submitted that this Court in

MFA No.7998/2014 which was decided on 13.01.2020,

has determined the market value of lands situated at

Ankola Village at Rs.105/- per square feet. It is further

submitted that the lands of the appellants are similarly

situated and therefore, the same compensation should

be awarded to the appellants.

4. On the other hand, learned counsel for the

respondents could not dispute the aforesaid factual

assertion made on behalf of the appellants.

5. We have considered the submissions made on

both sides 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. The Supreme Court in

NANDRAM VS. STATE OF HARYANA JT 1988 (4) SC

260 has held that State cannot refuse and has rather an

obligation to pay in respect of the land acquired under

the same Notification under the same award to the land

owners whose lands are similarly situate and have been

acquired under the same Notification and for same

purpose, the compensation at the same rate. It is

pertinent to note that even though the lands of the

appellants are agricultural, yet they have the potentiality

of being put to residential use and are surrounded by

commercial localities.

6. In view of aforesaid enunciation of law and

with a view to maintain parity, we deem it appropriate

to determine the market value of the lands in question

at Rs.105/- per square feet. Needless to state that the

appellants shall also be entitled to other statutory

benefits as are admissible to them under the Act.

To the aforesaid extent, the judgment passed by

the Reference Court is modified.

Accordingly, the appeal is disposed of.

In view of the disposal of the appeal, the

appellants are entitled to proportionate cost.

Sd/-

JUDGE

Sd/-

JUDGE

RV