Smt. Vijayalakshmi vs The Special Land Acquisition ...
2022 Latest Caselaw 2033 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 9TH DAY OF FEBRUARY 2022

                         PRESENT

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                            AND

      THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA

               MFA NO.201180/2019
                       C/W
             MFA NO.201179/2019 (LAC)

In MFA No.201180/2019:

BETWEEN:

Smt. Vijayalaxmi W/o Basavarajappa,
Age: 68 Years, Occ: Agriculture,
R/o Mamadapur Village,
Tq. & Dist. Raichur.
                                               ... Appellant
(By Sri. Sanjeevkumar C. Patil, Advocate)

AND:

1.     The Special Land Acquisition Officer,
       Munirabad, Mehaboob Nagar Railway
       Construction Plan, Sindhanur,
       Dist. Raichur-584 101.

2.     The Deputy Chief Engineer,
       South-Western Railway (Construction)
       Hubli-580 020.
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3.   The Deputy Chief Engineer
     Construction-III, South-Western
     Railway Keshavapura,
     Hubli-580 020.

4.   The Principal Secretary
     Revenue Department
     Government of Karnataka
     5th Floor, M.S. Building,
     Bangalore-560 001.

5.   The Deputy Commissioner,
     Racihur-584 101.
                                            ... Respondents

(Sri. Mallikarjun C. Basareddy, HCGP for R1, R4 & R5;
 Sri. Manvendra Reddy, Advocate for R2;
 R3 - served)

      This Miscellaneous First Appeal is filed under Section
54(1) of the Land Acquisition Act, praying to allow the
appeal by modifying the judgment and award dated
19.11.2015 passed by the Addl. Senior Civil Judge &
JMFC-I, Raichur, C/c Prl. Senior Civil Judge & CJM, Raichur
in LAC No.84/2009 by enhancing the compensation
amount from Rs.8,00,000/- to Rs.15,00,000/- per acre
with all benefits under the Act and cost.

In MFA No.201179/2019:

BETWEEN:

Smt. Amaramma W/o Shivarama Reddy,
Age: 60 years, Occ: Agriculture,
R/o Mamadapur Village,
Tq. and Dist. Racihur.
                                               ... Appellant

(By Sri. Sanjeevkumar C. Patil, Advocate)
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AND:

1.     The Special Land Acquisition Officer,
       Munirabad, Mehaboob Nagar Railway
       Construction Plan,
       Sindhanur,
       Dist. Raichur-584101.

2.     The Deputy Chief Engineer,
       South-Western Railway (Construction)
       Hubli-580020.

3.     The Deputy Chief Engineer
       Construction-III, South-Western
       Railway Keshavapura,
       Hubli-580020.

4.     The Principal Secretary
       Revenue Department
       Government of Karnataka
       5th Floor, M.S. Building,
       Bangalore-560001.
                                               ... Respondents

(Sri. Mallikarjun C. Basareddy, HCGP for R1 & R4;
 Sri. Huleppa Heroor, Advocate for R2 & R3;

      This Miscellaneous First Appeal is filed under Section
54(1) of Land Acquisition Act, praying allow the appeal by
modifying the judgment and award dated 04.06.2015
passed by the Addl. Senior Civil Judge, Raichur, C/c Prl.
Senior Civil Judge & CJM, Raichur in LAC No.77/2010 by
enhancing the compensation amount from Rs.8,00,000/-
to Rs.15,00,000/- per acre with all benefits under the Act
and cost.

      These appeals coming on for admission this day,
K.S. Hemalekha J., delivered the following:
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                         JUDGMENT

Though the appeals are listed for admission, with the

consent of learned counsel for the parties, they are taken

up for final disposal.

2. MFA No.201179/2019 is filed under Section

54(1) of the Land Acquisition Act, 1894 (for short

'L.A. Act') by the claimant, assailing the judgment and

award dated 04.06.2015 passed in LAC No.77/2010 by the

Addl. Senior Civil Judge & JMFC-I, Raichur (for short

'Reference Court').

3. MFA No.201180/2019 is filed by the claimant,

assailing the judgment and award dated 19.11.2015

passed in LAC No.84/2009 by the Prl. Senior Civil Judge,

Raichur.

4. Both the appeals are filed by the claimants,

seeking enhancement of compensation wherein the

Reference Court awarded a sum of Rs.8,00,000/- per acre

as compensation. The land bearing Sy.No.19/1 measuring

2 acres 24 guntas and the land bearing Sy.No.13

measuring 3 acres 30 guntas both situated at Mamadapur

village were acquired by the respondent/Government for

formation of Railway line between Munirabad to

Mehaboobnagar by way of notification under Section 4(1)

of the L.A. Act dated 07.02.2005. The Special Land

Acquisition Officer by its award dated 27.05.2008 has fixed

the market value at Rs.1,36,058/- for the irrigated land

and Rs.29,840/- per acre for the dry land. The claimants

being dissatisfied with the market value determined by the

Special Land Acquisition Officer sought reference under

Section 18(1) of the L.A. Act before the Reference Court.

5. The Reference Court by its judgment and

award dated 04.06.2015 and 19.11.2015, enhanced the

compensation to Rs.8,00,000/- per acre in respect of the

acquired land. The claimants, being dissatisfied with the

said compensation have filed the present appeals.

6. It is submitted by the learned counsel for the

parties that the Co-ordinate Bench of this Court, by its

judgment dated 15.10.2020 in MFA No.200777/2015 and

connected matters arising out of acquisition, award and

compensation determined in respect of the similar

notification issued for acquisition of the properties for the

same purpose and the same village, under similar facts

and circumstances of the matter has remanded the matter

to the Reference Court for fresh consideration. It is also

submitted that this fact was brought to the notice of the

learned Single Judge wherein the connected matters of the

same notification were pending consideration and the

learned Single Judge has disposed of the connected

appeals arising out of the same notification in similar

terms.

7. This Court, vide judgment dated 29.10.2021 in

MFA No.201182/2019 C/w MFA Nos.201176/2019,

201177/2019, 201178/2019, 201181/2019, 201183/2019

and 201185/2019 has passed the following order:

"4. When the matter was taken up for hearing, it was brought to the notice of this Court that the Division Bench of this Court in its common judgment dated 15.10.2020 passed in

MFA No.200777/2015 and connected matters arising out of acquisition, award and compensation determined in respect of similar notification issued for acquisition of the properties for the same purpose and same village under the similar facts and circumstances of the matter, has remanded the matter to the Reference Court for fresh consideration. Paragraph Nos.20 and 26 of the said judgment are extracted hereunder:

"20. As contended by the learned Counsel for the Railways, the Reference Court has straight away relied on the consent awards concerning acquisition of lands in Koppal, Gangavathi and Sindhanoor Taluk whereas the lands in question are in Raichur taluk and has determined the market value at the same rate applicable to the properties of the claimants without appreciating any evidence with regard to the nature of the lands and without any basis.

26. In the circumstances, without going into the merits of the claim of the appellant railways and that of the claimants in their respective appeals filed by them, we deem it appropriate to set aside the award of the Reference Court and remit the matter back to the Reference Court for a fresh determination strictly in consonance with the law declared in the judgments of the Hon'ble Supreme Court in cases of HARGOVINDDAS Vs. SPECIAL LAND ACQUISITION OFFICER reported in (1988) 3 SCC 751, UNION OF INDIA Vs. DYAGALA DEVAMMA

reported in (2018) 8 SCC 485 and MANOJ KUMAR AND OTHERS Vs. STATE OF HARYANA AND OTHERS reported in (2018) 13 SCC 96.

5. Drawing attention of this Court to the finding and reasoning given by the reference Court at paragraph 19 of the impugned order, wherein the reference Court has merely relied upon a letter of SLAO at Ex.P19, regarding purported consent award passed by the SLAO has proceeded to pass the impugned judgment and order. The learned counsel for the appellants/claimants and the respondents/Government submit that in view of the said judgment of the Division Bench of this Court, the present set of appeals be subject matters of similar notification sought be acquired for the same purpose of same village may also have to follow the suit.

6. In view of the facts and circumstances of the matter and in view of the order passed by the Division Bench of this Court in aforesaid MFA No.200777/2015 and connected matters this Court is of the view that the impugned judgment and order be set aside and matters be remitted to reference Court for fresh consideration. It is however made clear that the appellants/claimants would be at liberty to lead any additional evidence and the respondents would be at liberty to lead rebuttal evidence and the Reference court may dispose off the matter afresh taking into consideration the material evidence that would be placed before it by the parties. With the above observations, following order is passed:

ORDER

a) The appeals are allowed.

b) The impugned judgment and award passed by the Reference Court in LAC Nos.91/2009, 82/2010, 88/2009, 79/2010, 75/2010, 45/2009 and 53/2009 on the file of Senior Civil Judge at Raichur are set aside.

c) The matters are remanded back to the Reference Court for fresh consideration.

d) The Reference Court to afford sufficient opportunity for the claimants/appellants and the respondents to lead evidence and rebuttal evidence.

e) The Reference Court shall dispose off the reference in the aforesaid terms within an outer limit of six months from the date of receipt of a certified copy of this judgment.

f) Since the parties are represented by their respective counsels, they shall appear before the Reference Court on 29.11.2021 without any further notice.

g) The appellants/claimants shall be entitled for refund of Court fee paid on these appeals."

8. In view of the facts and circumstances of the

case and in view of the judgment of the Co-ordinate Bench

of this Court and this Court and in view of the fact that the

order in challenge under the same notification has been

set aside and the matters have been remitted to the

Reference Court for fresh consideration, we are of the

considered view that the above appeals be disposed of in

similar terms directing the Reference Court to dispose of

the matter afresh taking into consideration the material

evidence that would place on record and liberty being

reserved to lead additional evidence on behalf of the

appellants/claimants and rebuttal evidence on behalf of the

respondents, if any.

9. In the result, we pass the following

ORDER

i) Both the appeals are allowed.

ii) The judgment and award dated 04.06.2015 passed by the Reference Court in LAC No.77/2010 by Addl. Senior Civil Judge & JMFC-I, Raichur and the judgment and award dated 19.11.2015 passed in LAC No.84/2009 by the Prl. Senior Civil Judge & CJM, Raichur are hereby set aside.

iii) The matter is remitted back to the Reference Court for fresh consideration.

iv) The Reference Court to afford sufficient opportunity to the claimants/appellants and the respondents to lead evidence.

Sd/-

JUDGE

Sd/-

JUDGE

SMP/LG