Karnataka High Court
Assistant Commissioner vs Mahalingappa S/O ... on 7 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7 T H DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA
MFA No.102884/2017 (LAC)
C/w. MFA No.102885/2017 (LAC)
In MFA No.102884/2017:
Between:
1. Assistant Commissioner (Land Acquisition),
Sub-Division, Karnataka State Highway
Improvement Project, Annexue Building,
P.W.D. Department, 4th Floor,
K.R. Circle, Bengaluru-1.
2. The Deputy Commissioner,
K.S.H.I.P., Annexe Building, 1st Floor,
PWD Department, K.R. Circle,
Bengaluru-1.
3. K.S.H.I.P. Sub-Division, Hangal,
Pin: 581 104.
... Appellants
(By Shri V.S. Kalasurmath, HCGP)
And:
Vikas S/o. Mallikarjunappa Bailappanavar,
Age 30 years, Occ: Agriculture,
R/o.: Maharajpet, Hanagal Taluka,
Haveri District-581 203.
... Respondent
(by Shri M.H. Patil, Advocate)
This MFA is filed under Section 54(1) of the Land
Acquisition Act, 1894, against the Judgment and Award dated
:2:
01.12.2016, passed in LAC No.113/2012 on the file of the Senior
Civil Judge and Member, Addl. MACT, Hangal, awarding
compensation of Rs.44,000/- per gunta.
In MFA No.102885/2017:
Between:
1. Assistant Commissioner (Land Acquisition),
Sub-Division, Karnataka State Highway
Improvement Project, Annexue Building,
P.W.D. Department, 4th Floor,
K.R. Circle, Bengaluru, Pin: 560 001.
2. The Deputy Commissioner,
K.S.H.I.P., Annexe Building, 1st Floor,
PWD Department, K.R. Circle,
Bengaluru, Pin: 560 001.
3. K.S.H.I.P. Sub-Division, Hangal,
Pin: 581 104.
... Appellants
(By Shri V.S. Kalasurmath, HCGP)
And:
1. Mahalingappa S/o. Chandrashekharappa Shetter,
(Since deceased rep. by L.Rs.)
1(a) Shankarappa
S/o. Mahalingappa Shettar,
1(b) Amar S/o. Mahalingappa Shettar,
Age major, Occ: Agriculture,
All are R/o.: Maharajpet, Tq.: Hanagal,
Haveri District, Pin: 581 104.
... Respondent
(By Shri M.H. Patil, Advocate)
This MFA is filed under Section 54(1) of the Land
Acquisition Act, 1894, against the Judgment and Award dated
01.12.2016, passed in LAC No.114/2012 on the file of the Senior
Civil Judge and Member, Addl. MACT, Hangal, awarding
compensation of Rs.44,000/- per gunta.
:3:
These appeals coming on for admission, this day, the
Court delivered the following:
JUDGMENT
1. It is not in dispute that the lands covered
und er a contemporaneous notification d ated
23.03.2010, a sum of Rs.37,000/- per gunta was
awarded by the reference Court in respect of a
similar land.
2. As ag ainst the said award , the State had
preferred an appeal in MFA No.102878/2017 and this
Court by an order d ated 20 t h February 2021 had
allowed the app eal in p art and had determined the
market value of the land in question at Rs.35,000/-
per gunta along with all statutory benefits.
3. The lands in these app eals are lands
notified for the same p urpose and und er a
notification d ated 24.03.2010 i.e., one day after the
notification in MFA No.102878/2017. In these cases,
the Reference Court has awarded a sum of
Rs.44,000/- per gunta (in LAC Nos.113/2012 and
114/2012).
4. Having reg ard to the fact that in resp ect of
similarly situated lands, this Court has alread y held
that the app ropriate market value would be
Rs.35,000/- per gunta, the imp ugned award is laible
to be modified. It is hereby held that the claimants
would be entitled to a sum of Rs.35,000/- per gunta
as against the sum of Rs.44,000/- per g unta awarded
by the Reference Court. The claimants would also be
entitled to all statutory b enefits as per the
notification d ated 06.09.2019.
The app eals are accord ing ly allowed in p art.
Sd/-
JUDGE
Vnp*
