Sri.Yamanappa S/O Pirappa ... vs The Special Land Acquisition
2022 Latest Caselaw 2644 Kant

        IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

      DATED THIS THE 17TH DAY OF FEBRUARY 2022

                      PRESENT

        THE HON'BLE MR. JUSTICE S.G. PANDIT
                        AND
 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                RP No.100101 OF 2015
                        C/W
             MFA No.24906 OF 2010 (LAC)

IN RP NO.100101 OF 2015

BETWEEN:

1.    YAMANAPPA S/O PIRAPPA PADSALGI
      SINCE DECEASED BY HIS LRS.

1A.   SMT. PARWATEWWA W/O YAMANAPPA PADSALGI
      @ MANGULI, AGE:69 YEARS, OCC:AGRICULTURE,

1B.   MAHADEVAPPA S/O YAMANAPPA PADSALGI
      @ MANGULI, AGE:52 YEARS, OCC:AGRICULTURE,

1C.   NEELAPPA S/O YAMANAPPA PADSALAGI @ MANGULI
      AGE:42 YEARS, OCC:AGRICULTURE,

1D.   NINGAPPA S/O YAMANAPPA PADSALGI @ MANGULI
      AGE:37 YEARS, OCC;AGRICUTLURE,

1E.   PARASAPPA S/O YAMANAPPA PADSALGI @ MANGULI
      AGE;29 YEARS, OCC:AGRICULTURE,

1F.   MALLIKARJUN S/O YAMANAPPA PADSALGI @ MANGULI
      AGE:27 YEARS, OCC:AGRICULTURE,
                            2



       ALL ARE R/O TIMMAPUR, TQ:DIST:BAGALKOT.

                                           ...PETITIONERS
(BY SRI. LINGARAJ MARADI, ADVOCATE)

AND:

UKP PROJECT
BAGALKOT, TQ:DIST:BAGALKOT.
                                           ...RESPONDENT

(BY SRI.G.K. HIREGOUDAR, GOVT. ADVOCATE)

       THIS REVIEW PETITION IS FILED UNDER ORDER 47
RULE 1 READ WITH SECTION 151 OF CPC PRAYING TO
REVIEW THE ORDER PASSED BY THIS COURT IN MFA
NO.24906/2010    DATED   5.8.2013   AND    ENHANCE     THE
COMPENSATION      FROM   RS.30,180/-      PER   ACRE   TO
RS.4,13,820/- PER ACRE, BY ALLOWING THIS REVIEW
PETITION IN THE INTEREST OF JUSTICE AND EQUITY.


IN MFA NO.24906/2010

BETWEEN:

1.     YAMANAPPA S/O PIRAPPA PADSALGI
       SINCE DECEASED BY HIS LRS.

1A.    SMT. PARWATEWWA W/O YAMANAPPA PADSALGI
       @ MANGULI, AGE:69 YEARS, OCC:AGRICULTURE,

1B.    MAHADEVAPPA S/O YAMANAPPA PADSALGI
       @ MANGULI, AGE:52 YEARS, OCC:AGRICULTURE,

1C.    NEELAPPA S/O YAMANAPPA PADSALAGI @ MANGULI
       AGE:42 YEARS, OCC:AGRICULTURE,
                            3



1D.    NINGAPPA S/O YAMANAPPA PADSALGI @ MANGULI
       AGE:37 YEARS, OCC;AGRICUTLURE,

1E.    PARASAPPA S/O YAMANAPPA PADSALGI @ MANGULI
       AGE;29 YEARS, OCC:AGRICULTURE,

1F.    MALLIKARJUN S/O YAMANAPPA PADSALGI @ MANGULI
       AGE:27 YEARS, OCC:AGRICULTURE,
       ALL ARE R/O TIMMAPUR, TQ:DIST:BAGALKOT.

                                         ...APPELLANTS
(BY SRI. LINGARAJ MARADI, ADVOCATE)

AND:

UKP PROJECT
BAGALKOT, TQ:DIST:BAGALKOT.
                                      ...RESPONDENT
(BY SRI.G.K. HIREGOUDAR, GOVT. ADVOCATE)

       THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE
LAND    ACQUISITION   ACT PRAYING TO   SET-ASIDE   THE
JUDGMENT AND AWARD PASSED BY THE II ADDL. CIVIL
JUDGE (SR.DN.) BAGALKOT IN LAC NO.75/1999 DATED
18.07.2003 AND AWARD COMPENSATION AT THE RATE OF
7,91,000- 30,180, APPELLANTS MAY KINDLY BE AWARDED
RS.7,60,820/- PER ACRE BALANCE AMOUNT WITH THE
STATUTORY BENEFITS IN THE INTEREST OF JUSTICE.


       THIS REVIEW PETITION AND MFA COMING ON FOR
FINAL HEARING THIS DAY, ANANT RAMANATH HEGDE J.,
PASSED THE FOLLOWING:
                               4



                           ORDER

The instant review petition is filed seeking review of

the order dated 5.8.2013 passed in MFA No.24906/2010.

2. MFA No.24906/2010 was filed by the land

losers challenging the order passed by the reference Court

in LAC No.75/2003 on the file of the II Addl. Civil Judge,

Bagalkot. In the said proceedings, in terms of the

judgment and award dated 18.7.2003, the reference Court

passed an award determining the market value at

Rs.92,601/- per acre in respect of the land acquired. The

said award was questioned by the petitioners by filing an

appeal. The said appeal was filed by the land losers after

2590 days stipulated for filing the appeal. This Court by

order dated 5.8.2013, dismissed the said appeal on the

ground of delay observing that the reasons stated to

condone the delay were not satisfactory.

3. Subsequently, it appears that in some other

cases, which are covered by same notification, this Court

enhanced the compensation.

4. On coming to know about the judgement,

enhancing the compensation, the appellants filed the

instant review petition to review the order dated 5.8.2013.

This review petition was filed after a delay of 759 days

stipulated for filing the review petition. The application for

condonation of delay in filing the review petition was also

rejected by this Court. Aggrieved by the order passed in

review petition as well as appeal in MFA No.24906/2010,

the petitioner filed Special Leave Petition before the

Hon'ble Supreme Court in SLP No.33029-33030/2017,

which was converted into Civil Appeal No.6353-6354/2019.

In the said proceedings, the Hon'ble Supreme Court vide

order dated 16.8.2019, allowed the appeal in terms of the

order dated 9.4.2013 passed in SLP No.12251/2013.

While allowing the appeal and remanding the matter to

this Court, the Hon'ble Apex Court has held that this Court

may consider the application for condonation of delay

subject to review petitioners giving an undertaking that

they are not going to claim interest for the delayed

period. This Court has considered the following

contentions raised at Bar.

5. Learned counsel for the petitioners would

submit that on account of poverty and illiteracy, the

petitioners could not file an appeal and review petition in

time. Moreover, he would submit that in respect of the

lands acquired under the same notification, the beneficiary

has paid the compensation at a higher rate than fixed by

the Court in this case. Therefore, he submits that the

petitioners are also entitled for the same relief where

higher compensation is awarded in respect of the lands

acquired under the same notification. It is also required to

be noted that in terms of the order passed by the Hon'ble

Supreme Court in the aforesaid civil appeal, learned

counsel for the petitioners would submit that the

appellants/petitioners would undertake that he would not

claim any interest in respect of the delayed period.

6. Sri. G.K. Hiregoudar, learned Government

Advocate opposing the plea of the petitioners would submit

that there is inordinate delay in filing the appeal as well as

review petition. He would urge that the reason for delay is

not properly explained. He would submit that since the

appeal as well as review petition are filed beyond

stipulated period of limitation, the petitioners/appellants

are not entitled for any interest in respect of the delayed

period, in the event of this Court inclined to condone the

delay in filing the review petition and appeal.

7. In the light of above submissions and also for

the reasons stated in the affidavit accompanying the delay

condonation application, delay in filing the review petition

as well as appeal is condoned subject to the condition that

the appellants would not be entitled for interest for the

delayed period.

8. Right to property is a constitutional right

guaranteed under Article 300A of the Constitution of India.

Land losers are entitled to fair and just compensation in

respect of the land acquired in terms of the compulsory

acquisition proceedings. There is no dispute over the fact

that the land losers under same notification have received

the higher compensation than the present

petitioners/appellants.

9. It is also to be noted that the land acquired

under the notification belonging to other, higher

compensation is paid. There is no dispute that the lands

are similar. Under the circumstances, this Court is of the

view that the petitioners are also entitled for higher

compensation i.e. same compensation awarded in respect

of other land losers, whose lands acquired under the same

notification in terms of the order dated 27.3.2014 passed

in MFA No.24909/2010.

10. Rs.4,13,820/- per acre is awarded in respect of

similar lands in the same village acquired under the same

notification. Whereas Rs.92,601/- per acre is awarded by

the reference Court. Thus, the compensation is to be

awarded at the rate of Rs.4,13,820/- per acre.

11. Hence, the following:

ORDER

a) Review petition as well as appeal are

allowed.

b) The judgment and award dated 18.07.2003 passed in LAC No.75 of 1999, on the file of learned II Addl. Civil Judge (Jr.Dn.), Bagalkot is modified and market value of the acquired land is enhanced to Rs.4,13,820/- per acre as against Rs.92,601/- per acre awarded by the reference Court.

c) The appellants/claimants are entitled to the compensation for the acquired lands at the rate of Rs.4,13,820/- per acre along with statutory benefits.

d) It is made clear that the petitioners/appellants are not entitled to any interest for the delayed period of 759 days in filing the review petition.

e) It is also made clear that the petitioners/appellants are not entitled to any interest for the delayed period of 2590 days in filing the appeal.

f) Review petitioners/appellants are entitled for proportionate court fee paid in review petition as well as appeal.

g) Draw modified award accordingly.

h) Pending applications, if any, do not survive for consideration, and accordingly, they are disposed of.

SD JUDGE

SD JUDGE

JTR