Smt Bhimabai W/O Nijalingappa vs The Digp And Principal And Ors
2022 Latest Caselaw 7887 Kant

                          1

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 01ST DAY OF JUNE 2022
                      PRESENT
 THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
                        AND
        THE HON'BLE MR.JUSTICE S. RACHAIAH
             MFA.No.201132/2016 (LAC)
                       c/w
     MFA.No.201128/2016, MFA.No.201129/2016,
     MFA.No.201130/2016, MFA.No.201131/2016,
  MFA.No.201133/2016 and MFA.No.201134/2016 (LAC)

MFA.No.201132/2016
BETWEEN:
01.   SHIVASHARANAPPA S/O DHULAPPA
      SINCE DECEASED BY HIS LRS
01A. SHIVARUDRAPPA S/O LATE SHIVASHARANAPPA
     AGE: 51 YEARS OCC: AGRICULTURE
01B. SHRIMANTH S/O LATE SHIVASHARANAPPA
     AGE: 49 YEARS OCC: AGRICULTURE
01C. MALLIKARJUN S/O LATE SHIVASHARANAPPA
     AGE: 51 YEARS OCC: AGRICULTURE
02.   SMT. BHIMABAI W/O NIJALINGAPPA
      AGE: MAJOR OCC: AGRICULTURE
03.   SHIVALINGAPPA S/O DHULAPPA
      AGE: MAJOR OCC: AGRICULTURE
      ALL ARE R/O: NAGANAHALLI
      TQ: & DIST: KALABURAGI

                                       ...APPELLANTS

(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
                             2

AND:


01.    THE D.I.G.P AND PRINCIPAL
       POLICE TRAINING COLLEGE
       KALABURAGI-585 101.


02.    THE ASSISTANT COMMISSIONER AND
       LAND ACQUISITION OFFICER,
       KALABURAGI-585 101.


03.    THE DEPUTY COMMISSIONER
       MINI VIDHAN SOUDHA
       KALABURAGI-585 101.
                                    ...RESPONDENTS

(BY SRI. J. SATHISH KUMAR, AGA)

THIS MFA IS FILED UNDER 54 (1) OF THE LAND

ACQUISITION ACT PRAYING TO CALL FOR THE RECORDS

AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT

AND AWARD DATED 09.07.2014 PASSED BY THE II ADDL.

SENIOR CIVIL JUDGE, KALABURAGI IN LAC.NO.158/2008

AND PASS SUCH OTHER ORDER OR ORDERS AS THIS

HON'BLE COURT DEEMS FIT INCLUDING THE COST OF THE

APPEAL, UNDER THE FACTS AND CIRCUMSTANCES OF THE

CASE.

MFA.NO.201128/2016 BETWEEN:

01. SRI. BASAPPA S/O PEERAPPA SINCE DECEASED BY HIS LRS.

01A. SHIVKUMAR S/O BASAPPA AGE: 49 YEARS OCC: AGRICULTURE 01B. MALLINATH S/O BASAPPA AGE: 48 YEARS OCC: AGRICULTURE

02. SMT. SANGAMMA W/O BASAPPA AGE: MAJOR OCC: AGRICULTURE ALL ARE R/O: NAGANAHALLI TQ & DIST: KALABURAGI.

...APPELLANTS (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

AND:

01. THE D.I.G.P. AND PRINCIPAL POLICE TRAINING COLLEGE KALABURAGI-585 101.

02. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KALABURAGI-585 101.

03. THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA KALABURAGI-585 101.

...RESPONDENTS (BY SRI. J. SATHISH KUMAR, AGA) THIS MFA IS FILED UNDER 54 (1) OF THE LAND ACQUISITION ACT PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 09.07.2014 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN LAC.NO.160/2008 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT INCLUDING THE COST OF THE APPEAL, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

MFA.NO.201129/2016

BETWEEN:

SMT. BHIMABAI W/O NIJALINGAPPA AGE: MAJOR OCC: AGRICULTURE R/O: NAGANAHALLI TQ & DIST: KALABURAGI.

...APPELLANT

(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

AND:

01. THE D.I.G.P. AND PRINCIPAL POLICE TRAINING COLLEGE KALABURAGI-585 101.

02. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KALABURAGI-585 101.

03. THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA KALABURAGI-585 101.

...RESPONDENTS (BY SRI. J. SATHISH KUMAR, AGA)

THIS MFA IS FILED UNDER 54 (1) OF THE LAND ACQUISITION ACT PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 09.07.2014 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN LAC.NO.156/2008 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT INCLUDING THE COST OF THE APPEAL, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

MFA.NO.201130/2016 BETWEEN:

SHIVALINGAPPA S/O DHULAPPA AGE: MAJOR OCC: AGRICULTURE R/O: NAGANAHALLI TQ: & DIST: KALABURAGI.

...APPELLANT

(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

AND:

01. THE D.I.G.P AND PRINCIPAL POLICE TRAINING COLLEGE KALABURAGI-585 101.

02. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KALABURAGI-585 101.

03. THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA KALABURAGI-585 101.

...RESPONDENTS (BY SRI. J. SATHISH KUMAR, AGA)

THIS MFA IS FILED UNDER 54 (1) OF THE LAND ACQUISITION ACT PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 09.07.2014 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN LAC.NO.157/2008 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT INCLUDING THE COST OF THE APPEAL, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

MFA.NO.201131/2016

BETWEEN:

MALLINATH S/O SIDRAMAPPA AGE: MAJOR OCC: AGRICULTURE R/O: NAGANAHALI, TQ & DIST: KALABURAGI.

...APPELLANT (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

AND:

01. THE DI.G.P. AND PRINCIPAL POLICE TRAINING COLLEGE KALABURAGI-585 101.

02. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KALABURAGI-585 101.

03. THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA KALABURAGI-585 101.

...RESPONDENTS (BY SRI. J. SATHISH KUMAR, AGA)

THIS MFA IS FILED UNDER 54 (1) OF THE LAND ACQUISITION ACT PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 09.07.2014 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN LAC.NO.162/2008 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT INCLUDING THE COST OF THE APPEAL, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

MFA.NO.201133/2016

BETWEEN:

SRI. BHIMASHANKAR S/O CHANDRAKANTH AGE: 41 YEARS OCC: AGRICULTURE R/O: NAGANAHALLI TQ & DIST: KALABURAGI.

...APPELLANT

(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

AND:

01. THE D.I.G.P. AND PRINCIPAL POLICE TRAINING COLLEGE KALABURAGI-585 101.

02. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KALABURAGI-585 101.

03. THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA KALABURAGI-585 101.

...RESPONDENTS

(BY SRI. J. SATHISH KUMAR, AGA)

THIS MFA IS FILED UNDER 54 (1) OF THE LAND ACQUISITION ACT PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 09.07.2014 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN LAC.NO.159/2008 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT INCLUDING THE COST OF THE APPEAL, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

MFA.NO.201134/2016

BETWEEN:

SRI. BASAVARAJ S/O SHANTAPPA AGE: 52 YEARS OCC: AGRICULTURE R/O: NAGANAHALLI TQ & DIST: KALABURAGI.

...APPELLANT (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

AND:

01. THE D.I.G.P. AND PRINCIPAL POLICE TRAINING COLLEGE KALABURAGI-585 101.

02. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KALABURAGI-585 101.

03. THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA KALABURAGI-585 101.

...RESPONDENTS (BY SRI. J. SATHISH KUMAR, AGA)

THIS MFA IS FILED UNDER 54 (1) OF THE LAND ACQUISITION ACT PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 09.07.2014 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN LAC.NO.161/2008 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT INCLUDING THE COST OF THE APPEAL, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

THESE MFAS ARE COMING ON FOR FINAL HEARING,

THIS DAY, SREENIVAS HARISH KUMAR J., DELIVERED THE

FOLLOWING:

JUDGMENT

All these appeals are disposed of by a common

judgment as the lands involved in these appeals were

acquired under the notification dated 18.11.2006 for the

purpose of construction of Police Training School. Initially,

the Land Acquisition Officer awarded compensation of

Rs.97,500/- per acre. When the appellants sought

reference to the Civil Court under Section 18 of the Land

Acquisition Act, the reference Court enhanced the

compensation determining the market value as Rs.40/-

per square foot. For giving enhancement, the reference

Court followed the award in LAC.No.181/2004 where the

market value of the acquired land was fixed at Rs.20/- per

square foot. The acquisition notification concerning

LAC.No.181/2004 was issued on 09.10.1996. Therefore,

for the difference period of 10 years, escalation at the rate

of 10% per year (Rs.2/year) was given and thereby the

reference Court fixed the market value at the rate of

Rs.40/- per square foot.

02. Smt. Ratna N. Shivayogimath, the learned

counsel for the appellants in all these appeals submits

that the award passed in LAC.No.181/2004 was

questioned before this Court in MFA.No.33124/2013. The

Coordinate Bench of this Court, by its judgment dated

18.04.2017 enhanced the compensation to Rs.28/- per

square foot and in this view, in all these cases market

value is required to be further increased to Rs.56/- per

square foot. But the learned Additional Government

Advocate submits that the award passed by the reference

Court is in all respects justifiable and there is no case for

further enhancement.

03. We have considered the arguments. The

impugned award shows that the reference Court followed

the award in LAC.No.181/2004 for enhancing the market

value of the acquired lands. In LAC.No.181/2004 the

notification was issued on 09.10.1996 and the notification

concerning the present appeals was issued on 18.11.2006.

Therefore, there was a difference of 10 years. For this

reason, the reference Court has given escalation at 10%

for each year and thus, the reference Court arrived at a

figure to Rs.40/- per square foot. We do not find any

infirmity in the judgment and award passed by the

reference Court in following the award in

LAC.No.181/2004. As the judgment of this Court in

MFA.No.33124/2013 discloses the award in

LAC.No.181/2004 was challenged and the Coordinate

Bench of this Court enhanced the compensation further to

Rs.28/- per square foot. In this view, as rightly argued by

Smt. Ratna N. Shivayogimath, the appellants herein would

be entitled to further enhancement. If escalation by 10%

for each year is added, the market value can be increased

to Rs.56/- and therefore, we allow all these appeals with

costs. The judgment and award of the Reference Court is

modified, the market value of the acquired land, is

enhanced to Rs.56/- per square foot for determining the

compensation with all statutory benefits and interest.

Sd/-

JUDGE

Sd/-

JUDGE

KJJ