Karnataka High Court
Govindrao S/O Mukundrao Kulkarni ... vs The Chief Secretary And Ors on 4 March, 2022
Bench: Ashok S. Kinagi
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 04TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
MFA No.200622/2016 (LAC)
Between:
Govindrao S/o Mukundarao Kulkarni Gopalrao,
(Both were deceased)
Choudappa Kollur - Present owner-
Deceased by his LR's (Referred in
Payment Register Extract)
1. Neelamma W/o Choudappa Kollur,
Age: 44 years, Occ: Household work,
2. Manju S/o Choudappa Kollur,
Age: 26 years, Occ: Agriculture,
3. Sanju S/o Choudappa Kollur,
Age: 22 years, Occ: Agriculture,
4. Aswini D/o. Choudappa Kollur,
Age: 22 years, Occ: Household work,
All are R/o Kadani, Tq. Sindagi,
Dist: Vijayapura.
... Appellants
(By Sri. Harshavardhan.R.Malipatil, Advocate)
2
And:
1. The Chief Secretary,
Government of Karnataka, Vidhana Soudha,
Bengaluru (AGP)-560001.
2. The Chief Administrative Officer,
Karnataka Niravari Nigam Ltd.,
Walmi Building, Belur-Belgaum Road,
Dharwad-580 011.
3. The Deputy Commissioner,
Vijayapura (AGP)-586101.
4. The Chief Executive Engineer,
KNN BLI Division, Afzalpur,
Tq. Afzalpur, Dist. Kalaburagi-585 102.
5. The LAO / Asst. Commissioner,
Indi (AGP)-586 209.
6. The Principal Secretary,
Revenue Department,
Govt. of Karnataka, Bengaluru-560 001.
... Respondents
(By Smt. Maya.T.R, HCGP for R1, R3, R5 & R6;
By Sri. Gourish S.Khashampur, Advocate for R2 & R4)
This Miscellaneous First Appeal is filed under Section
54(1) of the Land Acquisition Act, praying to allow this
appeal with costs and modify the judgment and award
passed by the Senior Civil Judge, Sindagi dated
24.11.2014 in LAC No.20/2014 and fix Market Value at the
rate of Rs.8,00,000/- per acre and award all statutory
benefits and grant any other relief, which this Hon'ble
Court deems fit in the circumstances of the case, in the
interest of justice and equity.
This appeal coming on for admission, this day, the
Court delivered the following:-
3
JUDGMENT
This appeal is filed by the appellants-claimants
under Section 54(1) of the Land Acquisition Act (for
short 'the Act') challenging the judgment and award
dated 24.11.2014 passed in LAC No.20/2014 by the
Senior Civil Judge and JMFC Sindagi (for short
hereinafter referred to as 'the Tribunal').
2. Facts giving rise to filing of this appeal are
as under:
The appellant was the owner of land bearing
Sy.No.68/2 measuring 1 acre 6 guntas of Kadani
village, Tq: Sindagi, Dist: Vijaypur. The said land was
acquired by respondent No.5 under preliminary
notification dated 15.12.2007, which was published in
the official gazette on 17.01.2008. Respondent No.5,
after due enquiry passed General award on
15.07.2011 and fixed the market value @ Rs.49,320/-
per acre for dry lands. The appellants being
dissatisfied with the compensation fixed by the
respondent No.5, filed an application under Section
18(2) of Land Acquisition Act. The respondent No.5
referred the applications to the Reference Court. The
Reference Court after recording the evidence and on
the basis of material on record enhanced the
compensation amount to Rs.6,75,000/- per acre
treating the acquired lands as irrigated lands. The
appellant being dissatisfied with the compensation
enhanced by the Reference Court has filed this appeal.
3. Learned counsel for the appellants submits
the Division Bench of this Court in MFA
No.200621/2016 and connected matter, has enhanced
the compensation amount from Rs.6,75,000/- to
Rs.8,50,305/- per acre with all other statutory
benefits. He submits that the lands acquired in the
said appeal is under the same notification and all the
lands are situated in the Kadani Village. He submits
that this appeal may be disposed off in terms of the
judgment passed in the aforesaid appeal.
4. Per contra, learned counsel appearing for
the respondent Nos.2 and 4 submits that the Division
Bench of this Court in MFA No.200621/2016 and
connected matter, has enhanced the compensation
amount from Rs.6,75,000/- to Rs.8,50,305/- per acre
with all other statutory benefits. He submits this
appeal may be disposed off in terms of the aforesaid
judgment.
5. However, learned HCGP adopts the
arguments made by the learned counsel for
respondent Nos.2 and 4.
6. Heard the learned counsel appearing for
the parties and perused the records.
7. It is not in dispute that the appellants are
the owners of land bearing Sy.No.68/2 measuring 1
acre 6 guntas of Kadani Village. The said land was
acquired by respondent No.5 under preliminary
notification dated 15.12.2007, and general award
came to be passed on 15.07.2011 by fixing the
market value @ Rs.49,320/- per acre treating the
lands under acquisition as dry lands. The appellants
being dissatisfied with the compensation fixed by the
respondent No.5, filed an application under Section
18(2) of Land Acquisition Act. The respondent No.5
referred the applications to the Reference Court. After
recording the evidence and on the basis of material on
record, the Reference Court has enhanced the
compensation of amount from Rs.49,320/- to
Rs.6,75,000/- per acre.
8. The Division Bench of this Court in MFA
No.200621/2016 and connected matter, has enhanced
the compensation amount from Rs.6,75,000/- to
Rs.8,50,305/- per acre with all other statutory
benefits. The land under acquisition in MFA
No.200621/2016 and land in acquisition are acquired
under the same notification. The said lands are
situated in the same village. The appellants are also
entitled for the same benefits as in MFA
No.200621/2016. Thus, the appellants are entitled for
the enhancement of Rs.8,50,305/- per acre with all
other statutory benefits.
9. In view of the above discussions, the
appeal is allowed in part with costs.
The market value of the acquired lands
belonging to appellants is fixed at Rs.8,50,035/- per
acre with all other statutory benefits.
The appellants/claimants are held not entitled for
any interest for the delay period of 395 days in
preferring this appeal.
The appellants are granted six weeks time to pay
the differential Court fee on enhanced amount.
Sd/-
JUDGE
msr
