Sri Shivanna vs The Special Land Acqusition ...
2022 Latest Caselaw 2086 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 9TH DAY OF FEBRUARY, 2022

                        PRESENT

      THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                           AND
 THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

     MISCELLANEOUS FIRST APPEAL NO.8985 OF 2018 (LAC)

BETWEEN :

SRI. SHIVANNA
S/O SIDDEGOWDA
AGED ABOUT 46 YEARS
R/AT BYADARAHALLI-SALAGOPPALU VILLAGE
KATTAYA HOBLI
HASSAN TALUK & DISTRICT
PIN CODE-573 101                              ...APPELLANT

(BY SHRI. G.V. NARASIMHA MURTHY, ADVOCATE)

AND :
1.      THE SPECIAL LAND ACQUSITION OFFICER
        H.R.P.NO.2, HASSAN
        PIN CODE-573 201

2.      THE CHIEF SECRETARY
        VIDHANASOUDHA
        BANGALORE, PIN-560 009

3.      THE EXECUTIVE ENGINEER
        YAGACHI PROJECT, BELUR
        HASSAN DISTRICT
        PIN-573 201                     ...RESPONDENTS

(BY SMT. A.R. SHARADAMBA, AGA FOR R1 TO R3)
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      THIS MFA IS FILED UNDER SECTION 54(1) OF LAC ACT
AGAINST THE JUDGMENT AND AWARD DATED.09.03.2015
PASSED IN LAC NO.48/2014 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

      THIS MFA COMING ON FOR ADMISSION THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-


                               JUDGMENT

This appeal is filed by the claimant in

LAC No.48/2014 challenging the judgment and award

dated March 9, 2015 passed by the Additional Senior Civil

Judge, Hassan ('Reference Court' for short).

2. Heard Shri G.V.Narasimha Murthy, learned

advocate for the appellant and Smt.A.R.Sharadamba,

learned AGA for the respondents.

3. Shri.Narasimha Murthy submits that appellant's

land measuring 17 guntas in Survey No.127/1 situated at

Byadarahalli Salagoppalu Village, Kattaya Hobli, Hassan

Taluk and District, was acquired vide Preliminary

Notification dated February 11, 2009 and a compensation

of Rs.20,000/- per gunta was awarded by the Reference

Court.

4. He placed reliance on the decisions of this Court in

Sannegowda Vs. Special Land Acquisition Officer and

others1 and in Shivanna Vs. Special Land Acquisition

Officer and others2 and submitted that in respect of the

adjacent lands in the same village acquired under the

same Preliminary Notification, this Court has fixed the

market value of the land at Rs.1,00,000/- per gunta.

Accordingly, he seeks to modify the judgment and award

of the Reference Court by allowing this appeal.

5. Learned AGA argued opposing the appeal.

6. We have carefully considered rival submissions

and perused the material on record.

7. Undisputed facts of the case are, this Court in

MFAs No.8760/2018 & 8872/2018, in respect of the

M.F.A.No.8760/2018 D.D. September 24, 2021

M.F.A.No.8872/2018 D.D. September 27, 2021

adjacent lands in the same village, acquired under the

same Notification dated February 11, 2009 (though

wrongly typed in the memorandum of appeal as

February 17, 2010) has fixed the market value of the land

at Rs.1,00,000/- per gunta. Since the Preliminary

Notification in all these cases are the same and lands are

adjacent, following the decisions in MFAs No.8760/2018

and 8872/2018, in our opinion, appellant is also entitled

for compensation of Rs.1,00,000/- per gunta.

8. In view of the above, the following:

ORDER

i) Appeal is allowed;

ii) Judgment and Award dated March 9, 2015 in LAC

No.48/2014, passed by the Reference Court is

modified, by fixing the market value of the land at

Rs.1,00,000/- per gunta. In addition, appellant shall

be entitled for solatium and other statutory benefits

as admissible under law excluding interest for the

delayed period of 1246 days in filing this appeal as

per order of this Court dated January 5, 2022.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

Yn.