Karnataka High Court
The Union Of India vs The Land Acquisition Officer on 6 June, 2022
Bench: Pradeep Singh Bypsyj
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6th DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
M.F.A.NO.101382/2021 (LAC)
BETWEEN
THE UNION OF INDIA
R/BY GENERAL MANAGER,
SOUTH WESTERN RAILWAY,
KESHVAPUR, HUBBALLI,
NOW REP. BY DY. CHIEF ENGINEER,
CONSTRUCTION-II, SWR,
HUBBALLI 580023.
....APPELLANT
(BY SRI MALLIKARJUN S. HIREMATH, ADVOCATE)
AND
1. THE LAND ACQUISITION OFFICER,
ASSISTANT COMMISSIONER,
DHARWAD SUB-DIVISION,
DHARWAD-580001.
ALISAB URF ALLABAX
S/O HASANSAB BAPUNAVAR,
AGE MAJOR, OCC. NOT KNOWN,
R/O. GANESH PETH,
KULKARNI HAKKAL,
HUBBALLI -580025
SINCE DECEASED BY HIS LRS.
2A. MAMTAJ W/O ALISAB URF ALLABAX BAPUNAVAR,
AGE MAJOR, OCC. NOT KNOWN,
R./O HUBBALLI-580 025.
2
2B. HASEENA W/O PARAVIJ TIMMANAKATTI,
AGE MAJOR, OCC. NOT KNOWN,
R./O HUBBALLI-580025.
2C. MAHAMADSHARIF
S/O ALISAB URF ALLABAX BAPUNAVAR
AGE MAJOR, OCC. NOT KNOWN,
R./O HUBBALLI-580025.
2D. KHADARBI W/O NAJRA AHAMED,
AGE MAJOR, OCC. NOT KNOWN,
R./O GADAG-582101.
2E. RAJANABI W/O BABAJAN SHAYAD,
AGE MAJOR, OCC. NOT KNOWN,
R./O GOA-403001.
2F. SHJAHANAJABI W/O MYNUDDIN MYAGINAMANI,
AGE MAJOR, OCC. NOT KNOWN,
R./O GADAG-582101.
2G. HASANALI S/O ALISAB URF ALLABAX BAPUNAVAR
AGE MAJOR, OCC. NOT KNOWN,
R./O HUBBALLI-580025.
2H. HUSAINAL S/O ALISAB URF ALLABAX BAPUNAVAR
AGE MAJOR, OCC. NOT KNOWN,
R./O HUBBALLI-580025.
...RESPONDENTS
(BY SMT SHWETA KRISHNAPPA, AGA FOR RESP.NO.1)
(BY SRI S.M.KALWAD, ADVOCATE FOR R-2(A) TO R2(H))
THIS M.F.A. IS FILED U/SEC.54(1) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL AND
CONSEQUENTLY SET ASIDE THE JUDGMENT AND AWARD
DATED 29.11.2019 PASSED IN LAC.NO.3/2012 BY THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE,
HUBBALLI AND CONSEQUENTLY REJECT THE REFERENCE,
IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
This appeal is preferred by the beneficiary
challenging the Judgment and Award passed by the I
Additional Senior Civil Judge at Hubballi dated
29.11.2019 in LAC.No.03/2012. This appeal is
premised on the ground of exorbitant compensation
awarded by the reference Court.
2. The appellant herein had acquired the land
belonging to the claimants for the purpose of doubling
the railway lane from Hubballi-Hebsur. Accordingly,
notification came to be issued on 25.07.2009 under
Section 4(1) and 17 of the Land Acquisition Act, 1984
(for short, 'the Act'). Thereafter possession of the
lands was taken on 22.07.2010. Land of the
claimants is an agricultural land situated at
Bammapur village at R.S.No.55A/1A+1B+2/3
measuring 09 guntas. Pursuant to the notification the
1st respondent-L.A.O. passed an award on 30.11.2010
fixing market value at the rate of Rs.2,788/- per
gunta after taking into consideration value of land and
by collecting sales statistics from the office of Sub-
Registrar, Hubballi. The claimants were unsatisfied
with the award passed by the 1st respondent- L.A.O.
hence filed a reference petition under Section 18 of
the Act. After hearing all the parties the reference
court enhanced the compensation from Rs.2,788/-
per gunta to Rs.87,000/- per gunta following the
Judgment and Award passed in LAC.Nos.52 to 58 of
2010. The appellant herein had questioned the
Judgment and Award passed in LAC.Nos.52 to 58 of
2010 in MFA.No.23747/2013 to MFA.No.23752/2013
(LAC) before the Division Bench of this Court which
came to be partly allowed and the compensation
came to be reduced marginally to Rs.75,000/- per
gunta as against Rs.87,000/- per gunta passed by the
reference Court.
3. This Court would not want to go into
elaborate discussions on facts and legal questions
involved in the matter as the subject matter of the
present appeal has already been decided by a Division
Bench of this Court vide order dated 23.06.2020 in
MFA.No.23749/2013(LAC) connected with MFA.
CROB.No.909/2013, wherein the beneficiaries as well
as the land losers were before the Division Bench of
this Court aggrieved by the compensation awarded by
the reference Court. The subject matter in the present
appeal is the same as the one already decided by the
Division Bench of this Court in the aforesaid appeals,
wherein award of reference Court granting
compensation of Rs.87,000/- per gunta has been
reduced to Rs.75,000/- per gunta with all statutory
benefits including interest and cost as admissible
under the Act.
4. It would be a futile exercise by this Court to
go into details of the matter as the learned counsel
for the appellant seeks to allow the appeal on the
basis of the Judgment of the Division Bench of this
Court in MFA.No.23749/2013 (LAC) connected with
MFA.CROB.No.909/2013 dated 23.06.2020 which
arise out of the very same notification and award and
also pertains to the very same project-doubling the
railway lane from Hubballi-Hebsur.
5. Accordingly, I pass the following :
ORDER
(i) Appeal is allowed in part.
(ii) The Judgment and award dated
29.11.2019 in LAC.No.3/2012 passed
by the I Additional Senior Civil Judge,
Hubballi is modified by reducing the
compensation amount to Rs.75,000/-
per gunta with all statutory benefits
including interest and costs as
admissible under the Act as against
Rs.87,000/- per gunta awarded by the
reference Court.
Learned counsel for the appellant contends that
he ought to have paid Court fee of Rs.10,353/-,
whereas he has paid total Court fee of Rs.65,244/-.
The award in question challenged before this Court is
to an extent of Rs.12,000/- per gunta. Therefore,
excess Court fee is paid at Rs.54,891/-. In view of
disposal of this appeal at the preliminary stage itself,
learned counsel has filed a memo seeking refund of
Court fee in accordance to Section 66C of the
Karnataka Court Fees and Suits Valuation Act, 1958.
Since the matter is disposed of at the
preliminary stage itself and has not proceeded
further, the appellant is entitled to refund of 75% of
Court fee on actual Court fee of Rs.10,353/-.
The excess Court fee of Rs.54,891/- shall be
refunded along with 75% of actual Court fee of
Rs.10,353/-.
Registry to verify the same and accordingly
refund 75% of the actual Court fee of Rs.10,353/- and
also refund Rs.54,891/- excess Court fee paid by
appellant in favour of "FA & CAO" Construction, South
Western Railway, Bengaluru-46.
SD
JUDGE
ckk
