Karnataka High Court
The Union Of India vs Master Prakashgouda ... on 28 January, 2022
Bench: R Natarajpresided Byrnj
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
MFA CROB NO.100016/2015
C/W. MFA NO. 20439/2013,
MFA NO.20440/2013 AND
MFA CROB NO.100024/2015 (LAC)
IN MFA CROB NO.100016/2015:
BETWEEN:
GURUSIDDAPPA S/O. SAKRAPPA NOOLVI,
AGE ABOUT 55 YEARS, OCC: AGRICULTURE,
R/O: DESAI ONI, HUBLI.
... CROSS OBJECTOR
(BY SRI.SANTOSH D. NARGUND, ADVOCATE)
AND:
1. THE UNION OF INDIA,
R/BY THE DEPUTY CHIEF ENGINEER,
SOUTH WESTERN RAILWAY,
CLUB ROAD, HUBLI.
2. THE SPECIAL LAND ACQUISITION OFFICER AND
ASSISTANT COMMISSIONER, DHARWAD.
... RESPONDENTS
(BY SRI. TULJAPPA KALABURGI, ADV. FOR R1;
SMT.GIRIJA S. HIREMATH, HCGP FOR R2)
THIS MISC.FIRST APPEAL IN MFA NO.20439/2013 IS FILED
UNDER ORDER 41 RULE 22 OF CPC READ WITH UNDER SECTION 54(1)
OF L.A. ACT, AGAINST THE JUDGMENT AND AWARD DATED
30.07.2012, PASSED IN LAC NO.5/2004, ON THE FILE OF THE SENIOR
CIVIL JUDGE, HUBLI, PARTLY ALLOWING THE REFERENCE PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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IN MFA NO.20439/2013:
BETWEEN:
THE UNION OF INDIA,
R/P. DEPUTY CHIEF ENGINEER/CONSTRUCTION
SOUTH WESTERN RAILWAY, CLUB ROAD, HUBLI,
REFERRED AS THE DEPUTY CHIEF ENGINEER (CONS.)
SOUTH WESTERN RAILWAY, ZONE,
CLUB ROAD, HUBLI IN TRIAL COURT.
... APPELLANT
(BY SRI. TULAJAPPA KALABURGI, ADVOCATE)
AND:
1. SHRI GURUSIDDAPPA S/O. SAKRAPPA NOOLVI
AGE ABOUT 46 YEARS, OCC: AGRICULTURE,
R/O. DESAI ONI, HUBLI,
HUBLI TALUKA, DHARWAD DISTRICT.
2. THE SPECIAL LAND ACQUISITION OFFICER,
HUBLI ANKOLA BRAD-GUAGE RAILWA,
ANKOLA.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R2;
R1 SERVED)
THIS MISC.FIRST APPEAL IS FILED UNDER SECTION 54(1) OF
THE LAND ACQUISITION ACT, 1894 PRAYING TO REDUCE THE
ENHANCEMENT OF MARKET VALUE OF THE ACQUIRED LAND DULY
CALLING FOR THE RECORDS FROM THE HON'BLE FIRST ADDL.SENIOR
CIVIL JUDGE, HUBLI IN LAC No.5/2004 DATED 30.07.2012.
IN MFA NO.20440/2013:
BETWEEN:
THE UNION OF INDIA,
R/P. DEPUTY CHIEF ENGINEER/CONSTRUCTION
SOUTH WESTERN RAILWAY, CLUB ROAD, HUBLI,
REFERRED AS THE DEPUTY CHIEF ENGIINEER (CONS.)
SOUTH WESTERN RAILWAY, ZONE,
CLUB ROAD, HUBLI IN TRIAL COURT.
... APPELLANT
(BY SRI. TULAJAPPA KALBURGI, ADVOCATE)
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AND:
1. MASTER PRAKASHGOUDA,
S/O. VIRUPAXGOUDA PATIL
AGE: MINOR, OCC: STUDENT,
R/P. BY MOTHER GUARDIAN
SMT.SURVANA W/O VIRUPAXGOUDA PATIL,
R/O. BIDNAL, HUBLI TALUKA.
2. PREMA D/O. VIRUPAXGOUDA PATIL,
AGE: MINOR, OCC: STUDENT,
R/P. BY MOTHER GUARDIAN,
SMT. SURVANA W/O. VIRUPAXGOUDA PATIL,
R/O. BIDNAL, HUBLI TALUKA.
3. THE SPECIAL LAND ACQUISITION OFFICER,
HUBLI ANKOLA BROAD-GUAGE RAILWAY.
ANKOLA.
... RESPONDENTS
(BY SRI. SANTOSH D. NARAGUND, ADV. FOR R2;
SMT. GIRIJA S. HIREMATH, HCGP FOR R3;
R1- SERVED)
THIS MISC.FIRST APPEAL IS FILED UNDER SECTION 54(1) OF
LA ACT 1894, AGAINST THE JUDGMENT AND AWARD DATED
30.07.2012 PASSED IN LAC NO.7/2004 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, HUBLI, AWARDING THE
COMEPNSATION OF RS.25,000/- PER GUNTA.
IN MFA CROB NO.100024/2015:
BETWEEN:
1. PRAKASHGOUDA VIRUPAXAGOUDA PATIL
AGED ABOUT 35 YEARS,
OCC: AGRICULTURE,
R/O. BIDNAL, HUBLI.
2. KUMARI PREMA
D/O. VIRUPAXAGOUDA PATIL
AGED ABOUT 28 YEARS,
OCC: PRIVATE SERVICE,
R/O: BIDNAL, HUBLI
... CROSS OBJECTORS
(BY SRI. SANTOSH NARAGUND, ADV.)
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AND:
1. THE UNION OF INDIA,
R/BY THE DEPUTY CHIEF ENGINEER,
SOUTH WESTERN RAILWAY, CLUB ROAD,
HUBLI.
2. THE SPECIAL LAND ACQUISITION OFFICER AND
ASSISTANT COMMISSIONER, DHARWAD.
... RESPONDENTS
(BY SRI. TULAJAPPA KALBURGI, ADV. FOR R1;
SMT.GIRIJA S. HIREMATH, HCGP FOR R2)
THIS MISC.FIRST APPEAL CROB IN MFA NO.20440/2013 IS
FILED UNDER ORDER 41 RULE 22 OF CPC, AGAINST THE JUDGMENT
AND AWARD DATED 30.07.2012, PASSED IN LAC NO.7/2004, ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, HUBLI, PARTLY
ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS AND CROSS OBJECTIONS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.20439/2013 is filed by the beneficiary challenging
the judgment and award passed by the I Additional Senior Civil
Judge, Hubballi in LAC No.5/2004 dated 30.07.2012 by which the
market value of the acquired land was enhanced at Rs.25,000/-
per gunta with statutory benefits.
MFA CROB No.100016/2015 is filed by the land loser for
enhancement of the compensation in respect of acquisition of his
land bearing R.S.No.26/2 of Bidnal Hubballi measuring 1 acre 23
guntas.
MFA No.20440/2013 is filed by the beneficiary challenging
the judgment and award passed by the I Additional Senior Civil
Judge, Hubballi in LAC No.7/2004 dated 30.07.2012 by which the
market value of the acquired land was enhanced at Rs.25,000/-
per gunta with statutory benefits.
MFA CROB No.100024/2015 is filed by the land loser for
enhancement of the compensation in respect of acquisition of his
land bearing R.S.No.29/1B/2 of Bidnal Hubballi measuring 3
guntas.
2. A notification under Section 4(1) of the Land
Acquisition Act was issued for acquisition of land for the Hubballi-
Ankola broad-gauge railway lane, which was followed a
notification and an award dated 17.03.2003. Insofar as present
two appeals are concerned, the following award was passed:
Case No. Village Sy.No. Area Compensation
LAC No. Bidnal 26/2 1 A - 23G Rs.6,37,875/-
5/2004
LAC No. Bidnal 29/1B/2 3G Rs.3,24,000/-
7/2004
3. The cross objectors sought reference under Section
18 of the Land Acquisition Act to determine the market value of
the acquired properties and to enhance the compensation. The
appellant opposed the claim for enhancement. The claimants
were examined as PW1 and PW3 and they marked documents as
Exs.P1 to P11. The appellant examined one of its officers as RW1
and marked Exs.R1 to R7. The cross objectors sought
enhancement of compensation from Rs.7,500/- per gunta to
Rs.50,000/- per gunta.
4. The reference Court in terms of its common
judgment and order dated 20.06.2007 determined the market
value at a sum of Rs.9,000/- per gunta. The objectors thereafter
filed an appeal under Section 54(1) of the Land Acquisition Act
before this Court in MFA No.100445 and MFA No.100447/2007.
This Court disposed of the appeals holding that the market value
has to be determined taking into consideration the potentiality
and capability of putting such lands to non-agricultural
residential use. This Court also observed that the acquired land
lay within the limits of Hubballi-Dharwad Urban Development
Authority and hence the acquired lands were capable of being
used for residential purposes. Hence, this Court set aside the
order dated 20.06.2007 and remitted the case back to the
reference court for reconsideration. After remand, fresh oral and
documentary evidence was adduced and the reference court in
terms of its judgment and order dated 30.07.2012 enhanced the
market value at Rs.25,000/- per gunta with solatium at 30% and
additional value of 12% from the date of notification till the date
of award and awarded interest at 15% per annum on the market
value and solatium and additional market value from the date of
dispossession and at 12% per annum till the date of deposit of
the award amount.
5. Being aggrieved by the quantum of compensation,
both the beneficiary and the land losers have preferred these
appeals.
6. The learned counsel for the appellant submitted that
the Land Acquisition Officer had determined the market value
taking into account the sale statistics method and there is no
justification for enhancement of the compensation from
Rs.7,500/- per gunta to Rs.25,000/- per gunta. The learned
counsel contended that Bidnal village was adjacent to Kotagunda
Hunasi village where the market value was reduced and
therefore a uniform rate of compensation ought to have been
awarded. He also contended that the lands in question were used
for agriculture and the witnesses also deposed that they were
reaping two crops in a year. He therefore submitted that in the
absence of any material to show that these agricultural lands had
non-agricultural potentiality, the reference court had committed
an error in enhancing the compensation.
7. Per contra, the learned counsel for the cross
objectors submitted that in respect of the acquisition of land for
the very same purpose in Ugginakeri village, Kalaghatagi taluk,
this Court in MFA No.25192/2011 and other connected appeals
enhanced the compensation to Rs.35,000/- per gunta along with
other statutory benefits. He therefore submitted that the cross
objectors may be granted the same benefit. He further
contended that the reference Court in LAC Nos.81/2004,
82/2004, 83/2004, 84/2004, 87/2004, 88/2004 and 89/2004
had determined the compensation at Rs.25,000/- per gunta in
respect of lands that were acquired for the same purpose in
Yallapur village and that an appeal was preferred before this
Court in MFA No.3269/2007 and other connected matters where
it was reduced to Rs.5,10,000/- per acre and thereafter the Apex
Court in Civil Appeal No.2927/2010, determined the market
value at Rs.25,000/- per gunta. The learned counsel therefore
submitted that Yallapur village and Ugginakeri village are lying
within the limits of Urban Development Authority of Hubballi-
Dharwad and therefore compensation had to be determined at
Rs.35,000/- per gunta.
8. I have considered the submissions made by the
learned counsel for the parties.
9. It is not in dispute that the lands in question are
used for agricultural purposes and lay within the limits of the
Urban Development Authority of Hubballi-Dharwad. Ex.P1 is a
sale deed dated 29.03.2001 in respect of a property measuring
2994 sq.yards and the sale consideration was fixed at
Rs.1,35,000/-. Ex.P2 is the location map which indicates that the
properties in question lay within the limits of the Urban
Development Authority. RW1 admitted in his evidence that
Bidnal village and Gabbur, Kotagonda Hunasi and Yallapur are all
adjacent to Bidnal and that all the villages are within the limits of
Hubli-Dharwad Municipal Corporation. He also admitted that the
market value of land in these two villages was determined at
Rs.25,000/- per gunta. Though he claimed that these awards
were challenged in appeal, the same were disposed off in MFA
No.25192/2011 and other connected appeals.
10. The evidence on record does not disclose that the
lands in question are in any way different than the lands in
Gabbur, Kotagonda Hunasi and Yallapur. Since the lands
acquired in these villages are also used for the purpose of the
railway line between Hubli-Ankola, there is no reason why the
market value in respect of the lands in question should not be
determined at Rs.25,000/- per gunta. The reference Court has
considered the potentiality of the lands in question for non-
agricultural use and has rightly determined the compensation at
Rs.25,000/- per gunta.
Hence, there is no merit in the appeals filed by the
beneficiary challenging the quantum of compensation. Likewise,
there is no merit in the cross objections filed by the land losers
seeking enhancement. Hence, both the appeals and the
companion cross objections are dismissed.
SD/-
JUDGE
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