Karnataka Neeravari Nigam Ltd vs The Special Land Acquisition ...
2022 Latest Caselaw 3136 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

 DATED THIS THE 23RD DAY OF FEBRUARY, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE R. NATARAJ

           M.F.A. NO.22245 OF 2012 (LAC)

BETWEEN:

KARNATAKA NEERAVARI NIGAM LTD.,
REPRESENTED BY ITS EXECUTIVE ENGINEER,
GRBCC-5, KOUJALAGI, TQ. GOKAK,
DIST: BELAGAVI.
                                               ... APPELLANT
(BY SRI. RAMESH N. MISALE, ADVOCATE)

AND:

1.     THE SPECIAL LAND ACQUISITOIN OFFICER,
       HIDKAL DAM, TQ. HUKKERI.

2.     SRI. TIPPANNA S/O SHANKAR BADIGER,
       AGE: MAJOR, OCC: AGRICULTURIST,
       R/O: YADAWAD, TQ. GOKAK,
       DIST: BELAGAVI.
                                            ... RESPONDENTS
(BY SMT.GIRIJA S. HIREMATH, HCGP FOR R1;
 SMT.SUNANDA P. PATIL, ADV. FOR R2)

     THIS MISC.FIRST APPEAL IS FILED UNDER SECTION 54(1)
OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND
AWARD DATED 27.06.2011 PASSED IN LAC NO.216/2008 ON
THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AT
GOKAK, AWARDING THE COMPENSATION OF RS.1,95,000/- PER
ACRE.
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    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                                JUDGMENT

This appeal is filed by the beneficiary challenging the

judgment and award dated 27.06.2011 passed by the II Addl.

Senior Civil Judge, Gokak (hereinafter referred as 'reference

Court') in LAC No.216/2008 by which, it enhanced the

compensation from Rs.30,000/- to Rs.1,95,000/- per acre in

respect of the land bearing Sy.No.774/1 of Yadwad village,

Gokak Taluk.

2. The aforesaid land was acquired for constructing the

Ghataprabha Right Bank Canal so as to provide irrigation

facilities to Yadwad and other villages. A preliminary notification

was issued on 9.1.2003 followed by an award dated 22.12.2005

by which the market value was determined at Rs.30,000/- per

acre.

3. The land loser sought reference under Section 18 of

the Land Acquisition Act, 1894 to determine the market value of

the property and to enhance the compensation. The reference

was opposed by the beneficiary. The land loser was examined as

PW1 and he marked documents as Exs.P1 to P17 while the

beneficiary examined its official as RW1 who marked documents

as Exs.R1 to R4. The reference Court took into consideration the

compensation determined in LAC No.152/2005 and other

connected petitions where it had considered the market value at

Rs.1,95,000/- per acre. It also considered that Dalmia Cements

had entered into an agreement to purchase land in Yadwad

village for establishing a plant for manufacture of cement. The

reference Court therefore held that there were mineral deposits

such as limestone in the land acquired and relying upon the

judgment at Ex.P3 held that the market value was a sum of

Rs.1,95,000/- and thus enhanced it to a sum of Rs.1,95,000/-.

4. Being aggrieved by the aforesaid judgment and

award, the beneficiary has filed this appeal.

5. The learned counsel contended that the land in

question was admittedly a dry land where dry crops such as

jowar, sunflower and horsegram were cultivated during the rainy

season. He contended that the reference Court has wrongly

determined the market value based on the assumed ground that

there were mineral deposits in the land, even though the land

loser had not raised such a ground and in the absence of any

evidence. He further contended that the purchase agreements

entered into by Dalmia Cements cannot be taken into

consideration as there was no proof of existence of mineral

deposits in the land in question.

6. Per contra, the learned counsel for the land loser

submitted that though the land in question is dry, but still

various land losers were awarded compensation in view of the

limestone deposits in Yadwad region. The fact that Dalmia

Cements had established its cement manufacturing unit in

Yadwad clearly indicated that there were limestone deposits in

Yadwad region and therefore the reference Court was justified in

determining market value. Alternatively, the learned counsel

relied upon the judgment of this Court in MFA No.24197/2010

which related to acquisition of land in Yadwad for the same

purposes which too were dry lands. This Court after considering

the contentions urged, enhanced the compensation to a sum of

Rs.1,48,000/-. The learned counsel contended that the

compensation in MFA No.24197/2010 related to the acquisition in

the year 2001 while in the present case the acquisition was in

the year 2003 and therefore, additional market value at 12%

could be awarded.

7. There is neither any claim nor evidence about the

existence of mineral deposit in the land in question. In view of

the above, since this Court has already determined the market

value of land lying in Yadwad village at Rs.1,48,000/- per acre in

respect of the notification dated 26.04.2001, it is appropriate

that the land loser in the present appeal is awarded

compensation on the same lines by factoring additional market

value at 12% on Rs.1,48,000/- for two years. This would amount

to a sum of Rs.1,83,520/-.

8. In view of the above, this appeal is allowed in part

and the compensation awarded by the reference Court in LAC

No.216/2008 dated 27.06.2011 is modified and the market value

is reduced from Rs.1,95,000/- per acre to Rs.1,83,520/- per acre

and the land loser shall be entitled to pro rata statutory benefits

as determined by the reference Court.

SD/-

JUDGE

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