Karnataka High Court

Renuka @ Sumangala Palakshayya vs The Asst. Commissioner on 4 February, 2022

Bench: S G Pandit, Anant Ramanath Hegde

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

      DATED THIS THE 04TH DAY OF FEBRUARY 2022

                      PRESENT

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

                         AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

   MFA No.23407/2013 (LAC) C/W MFA 23408/2013,
  23409/2013, 25118/2013, 25120/2013, 25122/2013,
 25123/2013, 25125/2013, 100940/2014, 100941/2014,
     100942/2014, 101040/2014, 101041/2014 &
             MFA No. 101042/2014 (LAC)

MFA 23407/2013
BETWEEN:

SMT. GANGAVVA W/O GUDDAPPA ADIVENNANAVAR
AGE:56 YEARS, OCC:AGRICULTURIST,
R/O BHOGAAVI, TQ:HIREKERUR, DIST:HAVERI
                                          ...APPELLANT
(BY SMT. PRIYANKA HIREMATH & SRI. B.S. SANGATI, ADVS.)

AND

1.    THE SECRETARY, APMC
      RANEBENNUR.

2.    THE ASSISTANT COMMISSIONER & LAO, HAVERI

3.    THE DEPUTY COMMISSIONER, HAVERI
                                      ...RESPONDENTS

(BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R1) (SRI. PRASHANT V MOGALI, HCGP FOR R2 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 24 OF 2006 DATED 27.11.2012 BY ENHANCING THE MARKET VALUE FROM RS.2,86,000/- PER ACRE TO RS.6,00,000/- PER ACRE. EVEN THOUGH THE APPELLANT IS ENTITLED FOR MORE THAN RS.10,00,000/- PER ACRE WITH THE STATUTORY BENEFITS BUT NOW THE APPELLANTS ARE RESTRICTING THEIR CLAIM TO RS.6,00,000/- PER ACRE WITH STATUTORY BENEFITS. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.23408/2013

BETWEEN:

SMT. MANJAVVA W/O YALLAPPA KODIHALLI AGE ABOUT 42 YEARS, OCC:AGRICULTURIST, R/O KAJJARI, TQ:RANEBENNUR.

...APPELLANT (BY SMT. PRIYANKA HIREMATH & SRI. B.S. SANGATI, ADVS.)

AND

1. THE SECRETARY, APMC RANEBENNUR.

2. THE ASSISTANT COMMISSIONER & LAO, HAVERI

3. THE DEPUTY COMMISSIONER, HAVERI ...RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R1) (SRI. PRASHANT V MOGALI, HCGP FOR R2 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 2 OF 2006 DATED 27.11.2012 BY ENHANCING THE MARKET VALUE FROM RS.2,86,000/- PER ACRE TO RS.6,00,000/- PER ACRE. EVEN

THOUGH THE APPELLANT IS ENTITLED FOR MORE THAN RS.10,00,000/- PER ACRE WITH THE STATUTORY BENEFITS BUT NOW THE APPELLANTS ARE RESTRICTING THEIR CLAIM TO RS.6,00,000/- PER ACRE WITH STATUTORY BENEFITS. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.23409/2013

BETWEEN:

KARABASAPPA KAALINGAPPA HALLALLI AGE ABOUT 53 YEARS, OCC:AGRICULTURIST, R/O UMASHANKAR NAGAR, RANEBENNUR.

...APPELLANT (BY SMT. PRIYANKA HIREMATH & SRI. B.S. SANGATI, ADVS.)

AND

1. THE SECRETARY, APMC RANEBENNUR.

2. THE ASSISTANT COMMISSIONER & LAO, HAVERI

3. THE DEPUTY COMMISSIONER, HAVERI ...RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R1) (SRI. PRASHANT V MOGALI, HCGP FOR R2 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 4 OF 2006 DATED 27.11.2012 BY ENHANCING THE MARKET VALUE FROM RS.2,86,000/- PER ACRE TO RS.6,00,000/- PER ACRE. EVEN THOUGH THE APPELLANT IS ENTITLED FOR MORE THAN RS.10,00,000/- PER ACRE WITH THE STATUTORY BENEFITS BUT NOW THE APPELLANTS ARE RESTRICTING THEIR CLAIM TO RS.6,00,000/- PER ACRE WITH STATUTORY BENEFITS. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.25118/2013

BETWEEN:

1. HANUMANTHAPPA S/O DYAMAPPA KORAGAR

2. BASAPPA S/O DYAMAPPA KORAGAR SINCE DECEASED BY HIS LRS

2(A). SMT. FAKKIRAWWA W/O BASAPPA KORAGAR AGE;40 YEARS, OCC;HOUSEHOLD

2(B) GANESH S/O BASAPPA KORAGAR AGE:16 YEARS, OCC:NIL

2(C) VEERESH S/O BASAPPA KORAGAR AGE:14 YEARS, OCC:NIL

2(D) RENUKA D/O BASAPPA KORAGA AGE:6 YEARS, OCC:NIL

3 YAMANAPPA S/O DYAMAPPA KORAGAR AGE:48 YEARS, OCC:AGRICULTURE

4 NAGAPPA S/O DURGAPPA KORAGAR AGE:39 YEARS, OCC:AGRICULTURE

ALL ARE R/O HULIHALLI VILLAGE, TQ:RANEBENNUR, DIST:HAVERI-581115.

...APPELLANTS (BY SRI. SADIQ N GOODWALA, ADV.)

AND

1. THE ASSISTANT COMMISSIONER & LAO, HAVERI SUB DIVISION, HAVERI

2. THE SECRETARY, APMC RANEBENNUR.

3. THE DEPUTY COMMISSIONER, HAVERI

...RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R2) (SRI. PRASHANT V MOGALI, HCGP FOR R1 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 20 OF 2006 DATED 17.11.2012 BY ENHANCING THE MARKET VALUE FROM RS.2,86,000/- PER ACRE TO RS.10,00,000/- PER ACRE. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.25120/2013

BETWEEN:

1. SMT. RENUKA @ SUMANGALA PALAKSHAYYA @ PANCHAYYA RUDRADEVARMATH SINCE DECEASED BY HER LRS.

1(a) SRI. PANCHAKSHARAYYA @ PALAKSHAYYA @ PANCHAYYA S/O RUDRAYYA RUDRADEVARAMATH AGED ABOUT 71 YEARS, OCC:AGRICULTURE, R/O MARUTI NAGAR, 3RD MAIN, YAREKUPPI ROAD, A-BLOCK, RANEBENNUR, TQ:RANEBENNUR, DIST:HAVERI, PIN CODE-581115.

1(b) SRI. NITYANANDASWAMI RUDRADEVARAMATH S/O P.R. RUDRADEVARAMATH AGED ABOUT 38 YEARS, OCC:AGRICULTURE, R/O 807, 3RD MAIN, YAREKUPPI ROAD, MARUTI NAGAR, RANEBENNUR, TQ:RANEBENNUR, DIST:HAVERI, PIN CODE-581115.

1(c) RUDRAMUNI P. RUDRADEVARAMATH S/O PANCHAKSHARAYYA RUDRADEVARAMATH AGED ABOUT 36 YEARS, OCC:AGRICULTURE, R/O 920/1, 3RD CROSS, MARUTI NAGAR, JOYASARAHALLI ROAD, RANEBENNUR, TQ:RANEBENNUR,

DIST:HAVERI, PIN CODE-581115.

1(d) SUMATHI P. RUDRADEVARAMATH D/O PANCHAKSHARAYYA RUDRADEVARAMATH AGED ABOUT 32 YEARS, OCC:NIL, R/O MARUTI NAGAR, 3RD MAIN, YAREKUPPI ROAD, A-BLOCK, RANEBENNUR, TQ:RANEBENNUR, DIST:HAVERI, PIN CODE:581115.

...APPELLANTS (BY SRI. SADIQ N GOODWALA, ADV.)

AND

1. THE ASSISTANT COMMISSIONER & LAO, HAVERI SUB DIVISION, HAVERI

2. THE SECRETARY, APMC RANEBENNUR.

3. THE DEPUTY COMMISSIONER, HAVERI ...RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R2) (SRI. PRASHANT V MOGALI, HCGP FOR R1 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 22 OF 2006 DATED 17.11.2012 BY ENHANCING THE MARKET VALUE FROM RS.2,86,000/- PER ACRE TO RS.10,00,000/- PER ACRE. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.25122/2013

BETWEEN:

1. SRI. RAMAPPA S/O GUDDAPPA MALAGUDDAPPANAVAR AGE:46 YEARS, OCC:AGRI.

2. SRI. HANUMAPPA S/O GUDDAPPA MALAGUDDAPPANAVAR, AGE:43 YEARS, OCC:AGRIL.

3. SRI. NINGAPPA S/O GUDDAPPA MALAGUDDAPPANAVAR, AGE:43 YEARS, OCC:AGRI.

4. SRI. KARIYAPPA S/O GUDDAPPA MALAGUDDAPPANAVAR, AGE:37 YEARS, OCC:AGRICULTURE

5. SRI. NAGAPPA S/O GUDDAPPA MALAGUDDAPPANAVAR, AGE:34 YEARS, OCC:AGRI.

ALL ARE R/O KUNABEVU VILLAGE, TQ:RANEBENNUR, DIST:HAVERI.

...APPELLANTS (BY SRI. SADIQ N GOODWALA, ADV.)

AND

1. THE ASSISTANT COMMISSIONER & LAO, HAVERI SUB DIVISION, HAVERI

2. THE SECRETARY, APMC RANEBENNUR, HAVERI-DIST.

3. THE DEPUTY COMMISSIONER, HAVERI ...RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R2) (SRI. PRASHANT V MOGALI, HCGP FOR R1 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 28 OF 2006 DATED 17.11.2012 BY ENHANCING THE MARKET VALUE FROM RS.2,86,000/- PER ACRE TO RS.12,86,000/- PER ACRE (RS.25,000/- GUNTAS). HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.25123/2013

BETWEEN:

BHARAMAPPA S/O SHIVAPPA MALAGUDDAPPANAVAR AGE:56, OCC:AGRICULTURE, R/O KOONABEVU, TQ:RANEBENNUR, DIST:HAVERI-581115.

...APPELLANT (BY SRI. SADIQ N GOODWALA, ADV.)

AND

1. THE ASSISTANT COMMISSIONER & LAO, HAVERI SUB DIVISION, HAVERI

2. THE SECRETARY, APMC RANEBENNUR, TQ:RANBENNUR, DIST:HAVERI-581115.

3. THE DEPUTY COMMISSIONER, HAVERI, DIST:HAVERI-581110.

...RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R2) (SRI. PRASHANT V MOGALI, HCGP FOR R1 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 31 OF 2006 DATED 17.11.2012 BY ENHANCING THE MARKET VALUE FROM RS.2,86,000/- PER ACRE TO RS.10,00,000/- PER ACRE. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.25125/2013

BETWEEN:

GUTTEPPA IDIYAPPA HALAWAGAL R/O KUNABEVU, TQ:RANEBENNUR ...APPELLANT (BY SRI. SADIQ N GOODWALA, ADV.)

AND

1. THE ASSISTANT COMMISSIONER & LAO, HAVERI SUB DIVISION, HAVERI

2. THE SECRETARY, APMC RANEBENNUR, TQ:RANBENNUR, DIST:HAVERI-581115.

3. THE DEPUTY COMMISSIONER, HAVERI, DIST:HAVERI.

...RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R2) (SRI. PRASHANT V MOGALI, HCGP FOR R1 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 33 OF 2006 DATED 17.11.2012 BY ENHANCING THE MARKET VALUE FROM RS.2,86,000/- PER ACRE TO RS.10,00,000/- PER ACRE. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.100940/2014

BETWEEN:

CHANNAGOUDA BASANAGOUDA MADYAL AGE:54 YEARS, R/O KOONABEVU, TQ:RANEBENNUR, DIST:HAVERI.

...APPELLANT (BY SRI. G.N. NARASAMMANAVAR, ADV.)

AND:

1. THE ASSISTANT COMMISSIONER

THE LAND ACQUISITION OFFICER HAVERI SUB-DIVISION, HAVERI DIST:HAVERI.

2. SECRETARY APMC, RANEBENNUR, RANEBENNUR, DIST:HAVERI.

...RESPONDENTS (BY SRI. PRASHANT V MOGALI, HCGP FOR R1) (SRI. C.S. PATIL, ADV. FOR R2)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR, IN LAC NO.23/2005 DATED 2.1.2013 AND AWARD COMPENSATION AT RS.30,000/- PER GUNTA WITH ALL STATUTORY BENEFITS, IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.100941/2014

BETWEEN:

1. FAKKIREDDI S/O YANKAPPA KUPPELUR DECEASED BY LRS.

1(A) YALLAVVA W/O FAKKIREDDI KUPPELUR AGE:55 YEARS, R/O HULIHALLI TQ:RANEBENNUR, DIST:HAVERI.

1(B) JAGADISH S/O FAKKIREDDI KUPPELUR AGE;37 YEARS, R/O HULIHALLI, TQ:RANEBENNUR, DIST:HAVERI.

1(C) BASAVAREDDY S/O FAKKIREDDI KUPPELUR AGE:36 YEARS, R/O HULIHALLI, TQ:RANEBENNUR, DIST:HAVERI.

1(D) LAXMANREDDI S/O FAKKIREDDI KUPPELUR AGE:33 YEARS, OCC:R/O HULIHALLI, TQ:RANEBENNUR, DIST:HAVERI.

1(E) SUBBALAXMI W/O MAHADEVAGOUDA AGE:31 YEARS, R/O HULIHALLI, TQ:RANEBENNUR, DIST:HAVERI.

2. HANUMAREDDI S/O YANKAPPA KUPPELUR AGE:51 YEARS, R/O HULIHALLI, TQ:RANEBENNUR, DIST:HAVERI.

...APPELLANTS (BY SRI. G.N. NARASAMMANAVAR, ADV.)

AND:

1. THE ASSISTANT COMMISSIONER THE LAND ACQUISITION OFFICER HAVERI SUB-DIVISION, HAVERI DIST:HAVERI.

2. SECRETARY APMC, RANEBENNUR, RANEBENNUR, DIST:HAVERI.

...RESPONDENTS (BY SRI. PRASHANT V MOGALI, HCGP FOR R1) (SRI. C.S. PATIL, ADV. FOR R2)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR, IN LAC NO.24/2005 DATED 2.1.2013 AND AWARD COMPENSATION AT RS.30,000/- PER GUNTA WITH ALL STATUTORY BENEFITS, IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.100942/2014

BETWEEN:

IRAPPA FAKKIRAPPA KORAGAR AGE:52 YEARS, R/O KOONABEVU, TQ:RANEBENNUR, DIST:HAVERI.

...APPELLANT

(BY SRI. G.N. NARASAMMANAVAR, ADV.)

AND:

1. THE ASSISTANT COMMISSIONER THE LAND ACQUISITION OFFICER HAVERI SUB-DIVISION, HAVERI DIST:HAVERI.

2. SECRETARY APMC, RANEBENNUR, RANEBENNUR, DIST:HAVERI.

3. NAGAPPA FAKKIRAPPA KORAGAR 55 YEARS, R/O KUNABEVU, TQ:RANEBENNUR, DIST:HAVERI.

...RESPONDENTS (BY SRI. PRASHANT V MOGALI, HCGP FOR R1) (SRI. C.S. PATIL, ADV. FOR R2) (SRI. A.S. PATIL, ADV. FOR R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR, IN LAC NO.40/2005 DATED 2.1.2013 AND AWARD COMPENSATION AT RS.30,000/- PER GUNTA WITH ALL STATUTORY BENEFITS, IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.101040/2014

BETWEEN:

1. USHADEVI W/O REVANSIDDAYYA ARADYAMATH AGE ABOUT 60 YEARS, OCC:HOUSEWIFE, R/O RANEBENNUR, DIST:HAVERI.

2. SMT. NIRMALADEVI W/O MRUTYUNJAYA ARADYAMATH AGE:60 YEARS, OCC:HOUSEWIFE, R/O RANEBENNUR, DIST:HAVERI.

3. SMT. JYOTI W/O GURULINGAYYA ARADYAMATH

AGE ABOUT 60 YEARS, OCC;HOUSEWIFE, R/O RANEBENNUR, DIST:HAVERI.

...APPELLANTS (BY SMT. PRIYANKA HIREMATH, ADV.)

AND

1. THE SECRETARY, APMC RANEBENNUR.

2. THE ASSISTANT COMMISSIONER & LAO, HAVERI

3. THE DEPUTY COMMISSIONER, HAVERI ...RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R1) (SRI. PRASHANT V MOGALI, HCGP FOR R2 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 5 OF 2006 DATED 27.11.2012. EVEN THOUGH THE APPELLANTS ARE ENTITLED FOR MORE THAN RS.10,00,000/- PER ACRE WITH THE STATUTORY BENEFITS BUT NOW THE APPELLANTS ARE RESTRICTING THEIR CLAIM FROM Rs.24,00,000/- PER ACRE TO RS.6,00,000/- PER ACRE WITH STATUTORY BENEFITS. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.101041/2014

BETWEEN:

1. REVANSIDDAYYA A/F MALLAPPAYYA HIREMATH AGE ABOUT 60 YEARS, OCC:AGRICULTURE, R/O KAJJARI, TQ:RANEBENNUR.

2. GURUMURTHAYYA A/F CHANNAVEERAYYA HIREMATH AGE:40 YEARS, OCC: AGRICULTURE, R/O KAJJARI, TQ:RANEBENNUR.

3. SARVAMANGALAMMA W/O GURUSHANTAYYA HIREMATH, AGE ABOUT 45 YEARS, OCC:HOUSEHOLD, R/O KAJJARI, DIST: RANEBENNUR.

...APPELLANTS (BY SMT. PRIYANKA HIREMATH, ADV.)

AND

1. THE SECRETARY, APMC RANEBENNUR.

2. THE ASSISTANT COMMISSIONER & LAO, HAVERI

3. THE DEPUTY COMMISSIONER, HAVERI ...RESPONDENTS

(BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R1) (SRI. PRASHANT V MOGALI, HCGP FOR R2 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 8 OF 2006 DATED 27.11.2012. EVEN THOUGH THE APPELLANTS ARE ENTITLED FOR MORE THAN RS.10,00,000/- PER ACRE WITH THE STATUTORY BENEFITS BUT NOW THE APPELLANTS ARE RESTRICTING THEIR CLAIM FROM Rs.24,00,000/- PER ACRE TO RS.6,00,000/- PER ACRE WITH STATUTORY BENEFITS. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.101042/2014

BETWEEN:

BASAVARAJ VIRUPAXSHASTRI HIREMATH AGE ABOUT 53 YEARS, OCC: AGRICULTURE, R/O KAJJARI, TQ:RANEBENNUR.

...APPELLANT

(BY SMT. PRIYANKA HIREMATH, ADV.)

AND

1. THE SECRETARY, APMC RANEBENNUR.

2. THE ASSISTANT COMMISSIONER & LAO, HAVERI

3. THE DEPUTY COMMISSIONER, HAVERI ...RESPONDENTS

(BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R1) (SRI. PRASHANT V MOGALI, HCGP FOR R2 & R3)

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 7 OF 2006 DATED 27.11.2012. EVEN THOUGH THE APPELLANTS ARE ENTITLED FOR MORE THAN RS.10,00,000/- PER ACRE WITH THE STATUTORY BENEFITS BUT NOW THE APPELLANTS ARE RESTRICTING THEIR CLAIM FROM Rs.24,00,000/- PER ACRE TO RS.6,00,000/- PER ACRE WITH STATUTORY BENEFITS. HENCE, THE APPEAL MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY.

THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, S.G. PANDIT J., DELIVERED THE FOLLOWING:

COMMON JUDGEMENT

The above appeals are filed by appellants/claimants

under Section 54(1) of the Land Acquisition Act, 1961 (for

short, 'Act') praying for enhancement of compensation, not

being satisfied with compensation awarded under

judgment and awards dated 17.11.2012, 27.11.2012 and

2.1.2013 passed in LAC Nos.23, 24 and 40 of 2005 and

LAC Nos.2, 4, 5, 7, 8, 20, 22, 24, 28, 31, 33 of 2006 on

the file of learned Prl. Senior Civil Judge and JMFC,

Ranebennur (for short, 'Reference Court').

2. It is stated that the appellants are the owners

of the lands as mentioned under:

Sl.      MFA No.          LAC No.    R.S. No.      Extent       Village
No.                                              Acre-Gunta
1.    23407/2013         24/2006     151/2      1-A, 1-G      Koonabevu
                                     151/6      3-A, 10-G
2.    23408/2013         2/2006      145/2C     4-A, 16-G     Koonabevu
3.    23409/2013         4/2006      145/2      2-A, 8-G      Koonabevu
4.    25118/2013         20/2006     148/3      4-A, 14-G     Koonabevu
5.    25120/2013         22/2006     125/1      3-A, 0-G      Koonabevu
6.    25122/2013         28/2006     119/2      4-A, 9-G      Koonabevu
7.    25123/2013         31/2006     119/3      2-A, 22-G     Koonabevu
8.    25125/2013         33/2006     147/A/1A   2-A, 19-G     Koonabevu
9.    100940/2014        23/2005     117/2B     4-A, 20-G     Koonabevu
10.   100941/2014        24/2005     117/1      7-A, 5-G      Koonabevu
                                     120/3      3-A, 16-G
11.   100942/2014        40/2005     147/A      2A, 00-G      Koonabevu
12.   101040/2014        5/2006      120/2      3-A, 20-G     Koonabevu
13.   101041/2014        8/2006      151/1      4-A, 23-G     Koonabevu
14.   101042/2014        7/2006      151/5      4-A 9-G       Koonabevu

3. The above stated lands were notified for

acquisition by the State Government under Preliminary

Notification dated 14.2.2002 issued under Section 4(1) of

the Act for the purpose of construction of APMC Mega

Market at Ranebennur. The respondent/SLAO determined

the market value at Rs.40,797/- per acre in respect of all

the lands acquired from Koonabevu village.

4. The claimants/appellants preferred an

application under Section 18(1) of the Act requesting

reference, not being satisfied with the market value of the

acquired lands determined by the SLAO. On reference, the

reference Court on the materials produced by both the

parties, determined the market value at Rs.2,86,000/- per

acre in respect of all the lands acquired from Koonabevu.

The claimants are not satisfied with the enhancement of

market value of the acquired lands by the reference Court

and they are before this Court for further enhancement of

market value.

5. The lands acquired under the same notification

i.e. dated 14.2.2002 from same village of Koonabevu

issued under Section 4(1) of the Act were subject matter

of appeal before this Court in MFA No.20602/2013 and

connected matters. This Court on consideration of the

material on record enhanced the market value of the

acquired lands from Rs.2,86,000/- to Rs.3,64,000/- per

acre. When this Court determined the market value of the

lands at Rs.3,64,000/- per acre acquired under the same

notification dated 14.2.2002 from same village of

Koonabevu for the same purpose of construction of APMC

Mega Market at Ranebennur, we are of the considered

view that the same would be applicable to the lands of the

appellants in these batch of appeals. Accordingly, these

appeals are liable to be allowed in terms of the above

stated judgment of this Court.

6. Hence, the following:

ORDER

a) The above appeals are allowed in part in terms of the judgment of this Court in MFA No.20602/2013 and connected matters.

b) The judgment and awards dated 17.11.2012, 27.11.2012 and 2.1.2013 passed in LAC Nos.23, 24 and 40 of 2005 and LAC Nos.2, 4, 5, 7, 8, 20, 22, 24, 28, 31, 33 of 2006, on the file of learned Prl. Senior Civil Judge and JMFC, Ranebennur is modified and market value of the acquired lands is determined at Rs.3,64,000/- per acre as against Rs.2,86,000/- awarded by the reference Court.

c) The appellants/claimants are entitled for compensation for the acquired lands at the rate of Rs.3,64,000/- per acre with all statutory benefits and interest. *The appellants would be entitled for proportionate costs.