Karnataka High Court
The Union Of India, Represented By ... vs Irangouda Shankaragouda Patil on 11 January, 2022
Bench: S G Pandit, Anant Ramanath Hegde
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY 2022
PRESENT
THE HON'BLE MR. JUSTICE S.G. PANDIT
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A. No. 20441/2013 C/W
M.F.A. CR. OB. NO. 100101/2019 (LAC)
IN M.F.A. NO. 20441/2013
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 KALBURGI, ADVOCATE)
AND:
1. IRANGOUDA SHANKARGOUDA PATIL
SINCE DECEASED, REPRESENTED BY HIS LR
SHIVANGOUDA A/F IRANGOUDA PATIL,
AGE: 23, OCC.: STUDENT & AGRICULTURE,
R/O BIDNAL, TALUKA, HUBLI, DIST: DHARWAD.
2. THE SPECIAL LAND ACQUISITION OFFICER,
HUBLI-ANKOLA BROAD GAUGE RAILWAY, ANKOLA.
- RESPONDENTS
(BY SRI. SANTOSH NARGUND, ADVOCATE FOR R1,
SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R2)
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.07.2012 PASSED IN LAC
NO. 8/2014 ON THE FILE OF THE LEARNED FIRST ADDL.
SENIOR CIVIL JUDGE, HUBLI & ETC.
IN M.F.A. CR. OB. NO. 100101/2019
BETWEEN:
IRANGOUDA SHANKARGOUDA PATIL
BY HIS LR SHIVANGOUDA A/F IRANGOUDA PATIL,
AGE: 30 YEARS, OCC.: STUDENT,
R/O BIDNAL, HUBLI-580 023.
- CROSS OBJECTOR
(BY SRI. SANTOSH NARGUND, ADVOCATE)
AND:
1. THE UNION OF INDIA R/BY
THE DEPUTY CHIEF ENGINEER,
SOUTH WESTERN RAILWAY,
CLUB ROAD, HUBLI-580 029.
2. THE SPECIAL LAND ACQUISITION
OFFICER AND ASSISTANT COMMISSIONER,
DHARWAD-580 001.
- RESPONDENTS
(BY SRI.TULAJAPPA KALBURGI, ADVOCATE FOR R1,
SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL CROSS
OBJECTIONS IS FILED UNDER ORDER 41 RULE 22 OF CPC
AGAINST THE JUDGMENT AND AWARD DATED 30.07.2012
PASSED IN LAC NO. 8/2004 ON THE FILE OF THE LEARNED I
ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI & ETC.
THIS MISCELLANEOUS FIRST APPEAL ALONG WITH
MISCELLANEOUS FIRST APPEAL CROSS OBJECTIONS COMING
ON FOR FINAL HEARING THIS DAY, ANANT RAMANATH
HEGDE J., DELIVERED THE FOLLOWING:
3
JUDGMENT
The respondent No. 2 in LAC Nos. 5, 6, 7, 8 and 9 of
2004 on the file of learned First Addl. Senior Civil Judge,
Hubli (for short 'Reference Court'), being aggrieved by the
common judgment and award dated 30.07.2012, awarding
compensation of `25,000/- per gunta, in respect of lands
which were subject matter of acquisition, in terms of
notification dated 30.05.2002, are in appeal. Challenging
the same judgment and award, the land losers have filed
cross objection seeking enhancement of compensation.
Both appeal and cross-objection are taken up together for
hearing.
2. The brief facts leading to this case can be
summarized as under:
The lands bearing Sy.No.26/2 measuring 1 acre 23
guntas, sy. No. 29/1B/1 measuring 1 gunta 8 anna, sy.
No. 29/1B/2 measuring 3 gunta, sy. No. 29/2+3/1
measuring 1 acre 24 guntas and sy. No. 29/2+3/2
measuring 11 guntas in Bidnal village, Hubli Taluk are
acquired for the purpose of Hubli-Ankola Broad Gauge
Railway Line. The fact that the lands are acquired following
the procedure contemplated as per the provisions of Land
Acquisition Act, 1894, is not in dispute. Pursuant to the
land acquisition, the Land Acquisition Officer passed an
award awarding `7,500/- per gunta as the compensation in
addition to the statutory benefit. Being aggrieved by the
award passed by the Special Land Acquisition Officer, the
land losers have preferred reference as referred above.
The reference Court after considering the rival contentions
and after going through the materials on record passed an
award awarding `25,000/- per gunta as the compensation.
In addition to this, all the statutory benefits are also
conferred upon the land losers.
3. Heard the learned counsel for the appellant and
respondent.
4. Learned counsel for the appellant would urge
`15,000/- per gunta would be the fair compensation in
respect of the lands acquired.
5. Learned counsel for the respondent-cross objector
would submit that the award passed by the Reference
Court is on the lower side. According to him, `35,000/-
per gunta should have been awarded in favour of the land
losers.
6. During the course of the submissions, it is brought to
the notice of this Court the judgment of the Hon'ble Apex
Court in Civil Appeal Nos.2881-2910 of 2010, wherein
while dealing with the compensation payable in respect of
the lands acquired under a notification dated 20.06.2002,
the Court has awarded a compensation of `10 lakh per
acre which comes to `25,000/- per gunta. It is not in
dispute that the lands acquired in this case and the lands
which were the subject matter of the dispute in the above
referred Civil Appeal before the Apex Court are similar and
are from the same village. The lands in question in this
case were acquired in terms of notification dated
19.07.2002. The compensation fixed by the apex Court in
respect of the similar lands, are binding on this court. We
are not persuaded to arrive at a different view. The
reference Court has awarded `25,000/- per gunta. The
award of reference Court impugned in this appeal is in
tune with the compensation fixed by the apex Court. There
is no merit in the appeal and the cross objection. Hence,
the following order is passed.
ORDER
Appeal filed by the appellant is dismissed.
Cross objections filed by the land loser is dismissed.
Judgment and awards dated 30.07.2012 passed by
the 1st Addl. Senior Civil Judge., Hubli in LAC No.5 to 9 of
2004 are confirmed.
Sd/-
JUDGE
Sd/-
JUDGE
bvv
