Gaffarsab vs The Executive Engineer
2022 Latest Caselaw 1463 Kant

           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

           DATED THIS THE 1ST OF FEBRUARY 2022

                         PRESENT

          THE HON'BLE MR. JUSTICE S.G. PANDIT

                           AND

     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                 MFA NO.102671/2014 (LAC)

BETWEEN

1.    GAFFARSAB S/O MAMMASAAB AGASARA,
      AGE: 76 YEARS, OCC: AGRICULTURE,
      R/O: ANTARAVALLI, TQ: RANEBENNUR.

2.    RAFEEQ ALLAUDDINSAAB @ ALLIUDDIN AGASARA,
      AGE: 28 YEARS, OCC: AGRICULTURE,
      R/O: ANTARAVALLI, TQ: RANEBENNUR.

3.    HUSSAINSAB MAMMASAAB AGASARA,
      AGE: 61 YEARS, OCC: AGRICULTURE,
      R/O: ANTARAVALLI, TQ: RANEBENNUR.

4.    FAKRUSAAB MAMMASAAB AGASAR,
      AGE: 56 YEARS, OCC: AGRICULTURE,
      R/O: ANTARAVALLI, TQ: RANEBENNUR.


                                            ...APPELLANTS
(BY SRI B. C. JNANAYYASWAMI, ADVOCATE)
                                       2



AND:


1.     THE EXECUTIVE ENGINEER,
       SMALL IRRIGATION DEPARTMENT, DHARWAD.

2.     THE ASSISTANT EXECUTIVE ENGINEER,
       SMALL IRRIGATION DEPARTMENT,
       RANEBENNUR.

3.     THE SPECIAL LAND ACQUISITION OFFICER,
       AND THE ASSISTANT COMMISSIONER HAVERI.

4.     THE DEPUTY COMMISSIONER,
       HAVERI.
                                                     ...RESPONDENTS
(BY SRI PRASHANT V. MOGALI, HCGP)

       THIS MFA IS FILED UNDER DICTION 54(1) OF THE LAND
ACQUISITION ACT, AGAINST THE JUDGEMENT AND AWARD
DATED 03.02.2012 PASSED IN LAC NO.276/2008 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC., RANEBENNUR,
PARTLY        ALLOWING        THE     REFERENCE      PETITION     FOR
COMPENSATION            AND         SEEKING      ENHANCEMENT       OF
COMPENSATION.

       THIS    APPEAL    COMING       ON   FOR   ORDERS,   THIS   DAY,
ANANT RAMANATH HEGDE, J., DELIVERED THE FOLLOWING:
                                     3



                             JUDGEMENT

This appeal filed under Section 54(1) of the Land

Acquisition Act 1894, seeks to lay a challenge to the judgment

and award dated 03.02.2012 passed in LAC No.276/2008 on the

file of the learned Principal Senior Civil Judge and JMFC,

Ranebennur (for short 'the Reference Court'). The Compensation

of Rs.1,32,000.00 per acre awarded by the Reference Court is

inadequate according to the claimants/appellants. Hence, the

claimants have filed the present appeal for enhancement of

compensation.

2. The land in question in R.S.No.45/2B measuring 1

acre 27 guntas of Antaravalli village, Tq: Ranebennur Dist:

Haveri was acquired in terms of the notification dated

01.04.2004. Pursuant to notification under Section 4(1), the

award is passed on 02.06.2007 awarding compensation of

Rs.34,464.00 per acre for dry lands and Rs.51,697.00 for

irrigated lands in Antaravalli village. Challenging the award

passed by the Land Acquisition Officer, the claimants sought

reference seeking enhancement of compensation. The Reference

Court in terms of the impugned award has awarded

compensation of Rs.1,32,000.00 per acre. Being aggrieved by

the same, the claimants are before this Court.

3. We have heard learned counsel for the appellants as

well as the learned counsel for the respondents.

4. During the hearing, it is brought to the notice of this

Court that in MFA No.102660/2014 clubbed with MFA

No.102662/2014 this Court vide order dated 17.08.2021 has

awarded the compensation of Rs.2,50,000.00 per acre with all

statutory benefits. The lands involved in the said proceeding are

and the lands involved in this proceeding are at the same village

and notified under same notification.

5. The learned counsel for the appellants would submit

that the land in question in this appeal is also the land acquired

in terms of the notification dated 01.04.2004. In view of the

judgment referred to above, the learned counsel also submits

that the land is acquired for the same purpose and situated in

the same village and the land acquired is also the same type.

6. The learned Government Advocate would not dispute

this contention of the learned counsel for the appellants.

7. Under these circumstances, the present appeal has

to succeed in part in terms of the judgement and award dated

17.08.2021 passed in MFA No.102662/2014. Accordingly, we

pass the following:

ORDER

The appeal is allowed in part.

The judgment and award dated 03.02.2012 passed in LAC

No.276/2008 by the learned Principal Senior Civil Judge and

JMFC, Ranebennur is modified awarding compensation of

Rs.2,50,000.00 per acre in respect of Sy. No.45/2B measuring 1

acre 27 guntas situated at Antaravalli village, Tq: Ranebennur

Dist: Haveri with all consequential statutory benefits.

Sd/-

JUDGE

Sd/-

JUDGE SSP