Ajjegowda vs Special Land Acquisition Officer
2021 Latest Caselaw 5120 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 30TH DAY OF NOVEMBER, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE R. NATARAJ

MISCELLANEOUS SECOND APPEAL NO.109 OF 2017 (LA)

BETWEEN:

AJJEGOWDA
S/O NEELEGOWDA
AGED ABOUT 74 YEARS,
AGRICULTURIST,
R/O GUNDASHETTYHALLI VILLAGE,
DODDAGADAVALLI POST,
SALAGAME HOBLI,
HASSAN TALUK,
HASSAN DISTRICT-573201
                                            ...APPELLANT
(BY SRI. K.A.SRINIVASA, ADVOCATE FOR
    SMT. SHARADAMBA A.R., ADVOCATE)

AND:

SPECIAL LAND ACQUISITION OFFICER
H.R.P.2, OFFICE OF THE DEPUTY COMMISSIONER,
1ST FLOOR, HASSAN-573201
                                          ...RESPONDENT
(BY SMT. SAVITHA T.H., H.C.G.P.)

      THIS APPEAL IS FILED UNDER SECTION 54(2) OF THE
LAND ACQUISITION ACT, AGAINST THE JUDGMENT DATED
01.08.2017 PASSED IN LAC (APPEAL) NO.50/2017 ON THE FILE
OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE,
HASSAN, DISMISSING THE APPEAL FILED AGAINST THE
JUDGMENT DATED 27.09.2005 PASSED IN L.A.C NO.17/2002
ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) HASSAN,
PARTLY ALLOWING THE PETITION FILED UNDER SECTION 18(1)
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OF LAND ACQUISITION ACT PARTLY ALLOWING               THE
REFERENCE PETITION FOR ENHANCED COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:

                       JUDGMENT

This appeal is filed under Section 54(2) of the Land

Acquisition Act, 1894 challenging the Judgment and Award

dated 01.08.2017 passed by the 5th Additional District and

Sessions Judge, Hassan in LAC Appeal No.50/2017.

2. The appellant is the owner of 1 acre 2 guntas of

land in Sy. No.74/1 situate at Gundashettyhalli Village,

Salagame Hobli, Hassan Taluk, which was acquired for the

purpose of Yagachi Reservoir Project in terms of the

Preliminary Notification dated 14.05.1992 and an award

was passed on 21.10.1996 determining the market value

at a sum of Rs.8,400/- per acre. The notice under Section

12(2) of the Land Acquisition Act, 1894 was served on the

appellant on 31.12.1996 and the compensation amount

was received by the appellant under protest.

3. A reference was sought under Section 18(1) of

the Land Acquisition Act, 1894 on 20.01.1997 for

adjudicating the market value of the land. The said

proceeding was numbered as LAC No.17/2002.

4. The Reference Court determined the market

value at a sum of Rs.13,500/- per acre along with all

statutory benefits in terms of the Judgment dated

27.09.2005. Later, the appellant filed LAC No.50/2017

under Section 54(2) of the Land Acquisition Act, 1894

contending that this Court in terms of the order dated

05.12.2012 in M.S.A No.665/2011 had determined the

market value at a sum of Rs.2,90,000/- per acre in respect

of land acquired in Gundashettyhalli village.

5. The Appellate Court, considered an application

filed by the appellant for condonation of delay and held

that the appellant had not furnished proper and sufficient

reasons for not filing the appeal in time. Hence, rejected

the application and consequently dismissed the appeal.

Being aggrieved by the aforesaid order, the present appeal

is filed.

6. Having regard to the fact that the compensation

in respect of an identical land was determined by this

Court at a sum of Rs.2,90,000/- per acre and in view of

the law declared by the Hon'ble Apex court in the case of

COLLECTOR, LAND ACQUISITION ANANTNAG AND

ANOTHER VS. MST.KATIJI AND OTHERS [(1987) 2 SCC

107], the Appellate Court ought to have considered the

delay liberally, having regard to the fact that this Court

had enhanced the market value of land acquired in the

same village.

In view of the above, the appeal is allowed and the

impugned order dated 01.08.2017 passed by the

5th Additional District and Sessions Judge, Hassan in LAC

No.50/2017 is set-aside and the delay in filing the LAC

Appeal No.50/2017 is condoned. However, the appellant

shall not be entitled to claim interest during the delayed

period. The case is remitted back to the Appellate Court

which shall now consider the case of the appellant based

on the order passed by this Court in M.S.A. No.665/2011

and pass appropriate orders including the grant of all

consequential and statutory benefits.

The parties shall appear before the 5th Additional

District and Sessions Judge, Hassan in L.A.C. Appeal

No.50/2017 on 14.12.2021 and the Court shall dispose

off the appeal within three months thereafter.

Sd/-

JUDGE

NBM