Shivaraddi Bhimaraddi Maidur vs The Asst. Commissioner
2022 Latest Caselaw 2733 Kant

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH

        DATED THIS THE 18TH DAY OF FEBRUARY 2022

                         PRESENT

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

                          AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

     MFA No.25117/2013 (LAC) C/W MFA No.25116/2013,
                25119/2013 & 25124/2013

MFA 25117/2013
BETWEEN:

CHANNAPPA BASAPPA KAMMAR
AGE 50 YEARS, OCC : AGRICULTURIST
R/O YEREKUPPI VILLAGE, TQ; RANEBENNUR
DISTRICT; HAVERI.

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

AND

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

2.     THE SECRETARY APMC RENEBENUR
       TQ: RENEBENNUR,
       DIST: HAVERI.

3.     THE D.C. HAVERI
       DIST: HAVERI.
                                        ...RESPONDENTS

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

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGEMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 19 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 IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.25116/2013

BETWEEN:

1. SHIVARADDI BHIMARADDI MAIDUR SINCE DECEASED BY HIS LRS.

1A. SUNILRADDI S/O. SHIVARADDI MAIDUR AGE 43 YEARS, OCC. AGRICULTURE.

1AA. SMT. SHAKUNTALA MADIRU W/O. SUNIL REDDY MAIDUR R/O. HULIHALLI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI, AT PRESENT RESIDING AT FLAT NO.10, RATNAGANGA RESIDENCY, SIDDARAMESHWARA COLONY, RANI CHANNAMMA NAGAR, DHARWAD. PIN CODE-580 003.

1B. SANJEEVA S/O. SHIVARADDI MAIDUR AGE 40 YEARS, OCC. AGRICULTURE.

1C. SMT. CHAMPAVATI W/O. SHIVARADDI MAIDUR SINCE DECEASED BY HER LRS.

1C(A). SUNILRADDI S/O. SHIVARADDI MAIDUR AGE 48 YEARS.

1C(B). SANJEEVA SHIVARADDI MAIDUR ALL ARE R/O. HULIHALLI VILLAGE, TAL; RENEBENNUR, DIST. HAVERI.

...APPELLANTS

(BY SADIQ N. GOODWALA, ADV.)

AND

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

2. THE SECRETARY APMC RANEBENNUR

3. THE D.C. HAVERI.

...RESPONDENTS

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

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGEMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 18 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 IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.25119/2013

BETWEEN:

1. CHANDRAPPA SANKAPPA KAMMAR SINCE DECEASED BY HIS L.RS.

1A. KUBERAPPA CHANDRAPPA KAMMAR AGE; 48 YEARS, OCC; AGRICULTURE.

1B. DEVENDRAPPA CHANDRAPPA KAMMAR AGE; 46 YEARS, OCC; AGRICULTURE.

1C. BASAPPA CHANDRAPPA KAMMAR AGE; 44 YEARS, OCC; AGRICULTURE.

1D. MANJAPPA CHANDRAPPA KAMMAR AGE; 44 YEARS, OCC; AGRICULTURE.

1E. SMT. SUDHA W/O. REVANAPPA KAMMAR AGE; 30 YEARS, OCC; HOUSEHOLD.

1F. SMT. KALAMMA W/O. NEELAKANTAPPA KAMMAR AGE; 26 YEARS, OCC; HOUSEHOLD WORK.

1G. SMT. SHARADAMMA W/O. CHANDRAPPA KAMMAR AGE; 65 YEARS, OCC; NIL.

ALL ARE R/O. HULIHALLI, TAL; RENEBENNUR, DIST; HAVERI.

(NOTE: CLAIMANT NO.1B IS THE GPA HOLDER OF OTHER CLAIMANTS NO.1A AND 1C TO 1G) ...APPELLANTS (BY SADIQ N. GOODWALA, ADV.)

AND

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

2. THE SECRETARY APMC RANEBENNUR

3. THE D.C. HAVERI.

...RESPONDENTS

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

THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LA ACT, PRAYING THIS HON'BLE COURT TO MODIFY THE JUDGEMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE & JMFC, RANEBENNUR IN LAC 21 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 IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.25124/2013

BETWEEN:

1. HUSENSAB S/O. RAJESAB PINJAR SINCE DECD. BY HIS LR.S.

1A. SMT. SHAKINABEE W/O. HUSENSAB PINJAR AGED ABOUT 48 YEARS, OCC; COOLI

1B. SHABEENABANU D/O. HUSENSAB PINJAR AGED ABOUT 31 YEARS, OCC; COOLIE.

1C. RAJA ULLA S/O. HUSENSAB PINJAR AGED ABOUT 30 YEARS OCC: COOLIE.

1D. JAMILAANU D/O. HUSENSAB PINJAR AGED ABOUT 27 YEARS OCC; COOLIE.

ALL ARE R/O. ANJANEYA BADAVANR, AMARAWATHI, TQ; HARIHARA, DIST: DAVANAGERE.

...APPELLANTS

(BY SADIQ N. GOODWALA & S.C.MALLAPPANAVAR, ADVS.)

AND

1. THE ASSISTANT COMMISSIONER AND THE LAND ACQUISITION OFFICER, HAVERI SUB-DIVISION, HAVERI-583 115.

2. THE SECRETARY APMC RANEBENNUR DIST; HAVERI-583 116.

3. THE DEPUTY COMMISSIONER HAVERI, DIST; HAVERI-583 115.

...RESPONDENTS

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

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 32 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 IN THE INTEREST OF JUSTICE AND EQUITY.

THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, ANANT RAMANATH HEGDE., DELIVERED THE FOLLOWING:

COMMON JUDGMENT

The appellants in MFA No.25117/2013 are in appeal

under Section 54(1) of Land Acquisition Act, 1894 (for

short "Act, 1984") challenging the judgment and award

passed in LCA No.19/2006 on the file of the Senior Civil

Judge Ranebennuru (for short "Reference Court").

2. The appellants in MFA No.25116/2013 are in

appeal challenging the judgment and award passed in LCA

No.18/2006 on the file of the Senior Civil Judge

Ranibennuru (for short "Reference Court").

3. The appellants in MFA No.25119/2013 are in

appeal challenging the judgment and award passed in LCA

No.21/2006 on the file of the Senior Civil Judge

Ranibennuru (for short "Reference Court").

4. The appellants in MFA No.25124/2013 are in

appeal challenging the judgment and award passed in LCA

No.32/2006 on the file of the Senior Civil Judge

Ranibennuru (for short "Reference Court").

5. In all the cases the lands are acquired in terms

of the notification dated: 14.02.2002 which were published

under Section 4(1) of Act, 1894.

6. The particulars of lands acquired in terms of

the notification dated: 14.02.2002 for the purpose of

construction of APMC Mega Market in Ranebennuru are

furnished as under :-

Sl.       MFA No.          LAC No.      R.S. No.       Extent         Village
No.                                                  Acre-Gunta
1.    25117/2013          19/2006      121/1B       3-A, 9-G      Koonabevu

 2.   25116/2013          18/2006      121/1A/1     3-A, 21-G     Koonabevu
                                       150/3A,      3-A, 5-G
                                       121/1A/2     3-A, 2-G
 3.   25119/2013          21/2006      121/1B       3-A, 9-G      Koonabevu
 4.   25124/2013          32/2006      124/1A       3-A, 36-G     Koonabevu
                                                    00.11-G
                                                    Kharab

7. The respondent/SLAO determined the market

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

acquired from Koonabevu village in terms of award.

8. The land loosers/appellants sought reference

under Section 18(1) of the Act, 1984. On reference, the

reference Court, after considering the materials on record,

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

respect of all the lands acquired refereed above.

Aggrieved by the compensation determined by the

Reference Court, the land loosers are in appeal seeking

enhancement.

9. During the course of hearing it is brought to

the notice of the Court that in MFA No.20602/2013 and

connected matter this Court after hearing the matters on

merits has enhanced the market value of the lands

acquired under the same notification and lands located in

the same village from Rs.2,86,000/- to Rs.3,64,000/- per

acre. It is submitted that, the lands which are subject

matter of this appeal and the lands which were subject

matter of MFA No.20602/2013 are similar. Under the

circumstances this Court is of the opinion that the lands

which are subject matter of this appeal being acquired for

the same purpose under the same notification should have

same market value as the lands involved in MFA

No.20602/2013. Accordingly, the appeals are allowed in-

part.

10. 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           passed        in        LAC

Nos.19/2006, 18/2006, 21/2006 and 32/2006, 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 subject to any order denying interest for delay period passed on any application for condonation of delay in filing the appeal or application filed to re-call the order

dismissing the appeal for non- prosecution.

d) Registry is directed to specify in the decree, period if any, for which the interest is denied.

e) Appellants are entitled to proportionate costs from the respondents.

f) Draw award accordingly.

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

SD/-

JUDGE

SD/-

JUDGE

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