Karnataka High Court
Javaregowda vs The Special Land Acquisition ... on 17 March, 2021
Author: Alok Aradhe Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH 2021
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
M.F.A. NO.4778 OF 2016 (LAC)
BETWEEN:
JAVAREGOWDA
S/O GIRIGOWDA
BIDAREKERE
KASABA HOBLI
HASSAN TALUK
HASSAN-573201.
... APPELLANT
(BY SRI. SHARATH S. GOWDA, ADV.,)
AND:
THE SPECIAL LAND ACQUISITION OFFICER
HEMAVATHI RESERVOIR PROJECT-2
HASSAN-573201.
... RESPONDENT
(BY SRI. S.B. MATHAPATI, AGA)
---
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED
30.01.2014 PASSED IN LAC NO.124/2012 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE
REFERENCE PETITION FOR ENHANCED COMPENSATION AND
SEEKING FURTHER ENHANCEMENT OF COMPENSATION.
2
THIS M.F.A. COMING ON FOR HEARING, 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 appellant seeking enhancement of the
amount of compensation against the judgment dated
30.01.2014 passed in LAC No.124/2012.
2. Facts leading to filing of this appeal briefly stated
are that the appellant was the owner of the land bearing
Sy.No.131/2 situated in Bidarekere Village, Hassan Taluk,
measuring 19 guntas. The aforesaid land was required for
the purposes of Yagachi Reservoir Project. Thereupon, a
Notification under Section 4(1) of the Act was issued on
17.05.2005 and eventually an award was passed on
31.07.2010, by which the market value of the land in
question was determined at Rs.46,000/- per acre. The
appellant sought reference under Section 18 of the Act
seeking enhancement of the amount of compensation. The
Reference Court by a judgment dated 30.01.2014
determined the market value of the land at Rs.2,94,000/- per
acre by placing reliance on judgment in LAC No.156/2008
dated 20.09.2013. Being aggrieved, the appellant has filed
this appeal.
3. Learned counsel for the appellant submitted that
he has filed an application under Order 41 Rule 27 of the
Code of Civil Procedure along with the certified copy of the
judgment dated 04.06.2015, by which the Reference Court in
respect of Bidarekere Village has determined the market
value at the rate of Rs.1,00,000/- per gunta. It is further
submitted that the land of the appellant is situate in an
adjacent village and has the same potentiality and therefore,
the appellant may be granted the liberty to adduce evidence
in this regard. Learned Additional Government Advocate
submitted that the evidence is required to be produced by
the appellant in this regard.
4. We have considered the submissions made by
learned counsel for the parties and have perused the record.
The land of the appellant is situated in an adjacent village
and in order to prove the fact that the land of the appellant is
similarly situate and has the same potentiality, evidence is
required to be adduced. Since, the judgment dated
01.07.2015 has been rendered subsequent to the impugned
judgment dated 30.01.2014, in the facts of the case, we are
inclined to allow the application filed under Order 41 Rule 27
of the Code of Civil Procedure and to permit the appellant to
adduce additional evidence before the Reference Court to
prove that the land of the appellant is similarly situate as
that of the land involved in LAC No.487/2014. Therefore, the
impugned judgment is set aside and the matter is remitted to
the Reference Court. The parties undertake to appear before
the Reference Court on 05.04.2021 along with the copy of
this order. The Reference Court thereupon shall proceed to
record the evidence and shall make an endeavor to conclude
the proceedings within a period of four months from the date
of appearance of the parties. The amount of court fee
deposited by the appellant shall be refunded to him.
Accordingly, the appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
ss
