The Assistant Commissioner And ... vs Eshwaramma
2022 Latest Caselaw 5070 Kant

                               1




            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

        DATED THIS THE 21ST DAY OF MARCH 2022

                          PRESENT

       THE HON'BLE MR. JUSTICE K. SOMASHEKAR
                             AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

MISCELLANEOUS FIRST APPEAL No.200486/2021 (LAC)

Between:

1.     The Assistant Commissioner and
       Land Acquisition Officer
       Yadgiri Sub-Division, Yadgiri-585 201

2.     The Deputy Commissioner
       Yadgiri District, Yadgiri-585 201

3.     The Regional Director
       Automic Minerals
       Government of India
       A.M.D. Complex
       Nagarbhavi, Bengaluru-72
                                                ... Appellants
(By Sri Mallikarjun C. Basareddy, GA)

And:

Eshwaramma W/o Saheb Gouda
R/o: Gogi (K) Village, Tq. Shahapur
Dist. Yadgir-585 201
                                               ... Respondent
(By Sri S. V. Paraddy, Advocate &
Sri B. S. Nagaraj, Advocate)
                                      2




      This Miscellaneous First Appeal is filed under Section
54(1) of LA Act, praying to allow the appeal and set aside the
Judgment and Award dated 13.08.2018 passed by the
Senior     Civil   Judge       and       JMFC   at    Shahapur,    in
L.A.C.No.02/2013.

      This appeal coming on for admission this day, Anant
Ramanath Hegde J., delivered the following:


                           JUDGMENT

Though this matter is listed for orders, the

consent of the parties is taken up for final disposal. The

learned Additional Government Advocate submits that

the question involving in this case is already decided in

terms of the judgment of this Court rendered in MFA

Nos.201877/2019 to 201884/2019, MFA

Nos.201886/2019 to 201889/2019, MFA

Nos.201904/2019, 201905/2019 and MFA Crob

Nos.200014/2022 to 200027/2022.

2. It is also noticed that an application

I.A.No.2/2022 is pending consideration. The said

application is filed by Basavaraj who claims to be the

son of the respondent Eshwaramma. Said Basavaraj

seeks to come on record on the ground that he is also

having share in the property which is in dispute. The

affidavit which is filed in support of the application

under Order 1 Rule 10(2) of Code of Civil Procedure

does not give clear picture relating to the genealogy.

Under the circumstance, the application is dismissed

without expressing anything on the merits of claim of

the applicant. However, the applicant is permitted to

file an application before the reference Court by

rectifying the mistake in the application. If such

application is filed, the reference Court in LAC

No.2/2013, shall consider the application on its merit

without being influenced by the order of dismissal of the

application I.A.No.2/2022 in this case and shall pass

appropriate orders.

3. In the connected matters, this Court has

allowed the miscellaneous appeals in part by setting

aside the impugned judgments and awards and the

matters are remitted back to the reference Court for

reconsideration afresh in accordance with law. In the

said proceedings, certain directions are also given and

same directions are to be given in this case with

necessary modifications applicable to this case. Hence,

the following:

ORDER

i. The appeal is allowed in part.

ii. The impugned judgment and award

passed by the Senior Civil Judge and JMFC,

Shahapur dated 13.08.2018 in LAC No.2/2013 is

set aside.

iii. The matter is remitted back to the

reference Court for reconsideration afresh in

accordance with law.

iv. Liberty is reserved in favour of all

parties to adduce evidence/additional evidence in

support of their contentions including cross-

examining the other side and their whiteness.

v. The reference Court shall issue fresh

notice to the parties to the proceeding as well as

applicant in I.A.No.2/2022 namely, Basavaraj S/o

Saheb Gouda Madagi, Age: 38 Years, Occ:

Agriculture R/o Village Gogi (K), Taluka

Shahapur, Dist. Yadagiri.

vi. In this case it is also noticed that the

cheque dated 20.10.2021 bearing No.534370

drawn on State Bank of India, Nagarbhavi Branch,

Bengaluru for Rs.19,56,327/- is placed before the

Court. However, the said cheque is not encashed.

The validity period of the cheque has expired.

Under the circumstance, the registry is directed to

return the original cheque referred above to the

appellants and the appellants shall deposit the

50% of the award amount with statutory benefits

and interest in terms of the award dated

13.08.2018 in LAC No.2/2013 before the reference

Court within a period of one month from the date

of said judgment.

vii. The claimant before the reference

Court is entitled to withdraw the amount

deposited excluding alleged 1/4th share claimed

by Basavaraj.

viii. The amount which is not released in

view of the claim of Basavaraj shall be kept in

bank deposit till disposal of original suit in

O.S.No.85/2020 on the file of Senior Civil Judge

and JMFC, Shahapur. The amount shall be

released in terms of the decree to be passed in

O.S.No.85/2020 referred above.

ix. It is also made clear that the order for

the release of the amount in favour of the claimant

should not be treated as a finding/indication

relating to the market value of the lands acquired.

The reference Court shall determine the market

value of the lands acquired based on the evidence

available on record without being influenced by

any of the observations made in this appeal

relating to the release of the amount ordered as

aforesaid.

x. In case the compensation determined

by the reference Court is less than 50% of the

amount ordered to be released in favour of the

claimant such excess amount received by the

claimant shall be deposited by the claimant before

the reference Court within 30 days from the date

of judgment in the reference Court. Such excess

amount so deposited shall be released in favour of

the beneficiary. In default, the claimant shall pay

interest @ 6% p.a. on the said amount from the

date of judgment of the reference Court till the

date of actual payment.

In view disposal of the main appeal, I.A.No.3/2022

does not survive for consideration and the same is

disposed of.

SD/-

JUDGE

SD/-

JUDGE RSP