Karnataka High Court
The Special Land Acquisition ... vs Shankrappa Akhandappa Goudar on 26 May, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
-1-
MFA No. 100487 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26th DAY OF MAY, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO. 100487 OF 2014
(LAC)
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT,
TALUK and DISTRICT BAGALKOT
...APPELLANT
(BY SRI. G.K.HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
1. SHANKRAPPA AKHANDAPPA GOUDAR
SINCE DECEASED BY HIS LR'S
1A) SMT. SHIVAKKA SHANKRAPPA GOUDAR W/O.
SHANKRAPPA AKHANDAPPA GOUDAR,
AGE. 65 YEARS, OCC. HOUSEWIFE.
1B. HANAMAVVA SHRISHAIL JAGGAL
D/O. SHANKRAPPA AKHANDAPPA GOUDAR,
AGE. 41 YEARS, OCC. NOT KNOWN (MARRIED)
1C. IRAPPA SHANKRAPPA GOUDARA
S/O. SHANKRAPPA AKHANDAPPA GOUDAR
AGE. 39 YEARS, OCC. NOT KNOWN
1D. MADEVI SADASHIVA JAGGAL
D/O. SHANKRAPPA AKHANDAPPA GOUDAR,
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MFA No. 100487 of 2014
AGE. 37 YEARS, OCC. NOT KNOWN (MARRIED)
ALL ARE R/O. NAKKARGUNDI TALUK AND DISTRICT
BAGALKOTE-587102.
...RESPONDENTS
(BY SRI. MRUTYUNJAYA S. HALLIKERI, ADV. FOR R1(A) AND R1(D);
R1(B) AND R1(C) SERVED)
THIS MFA FILED U/SEC. 54(1) OF LA ACT 1894, AGAINST THE
JUDGMENT AND AWARD DTD:04.02.2013 PASSED IN
LAC.NO.400/2012 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE, BAGALKOT, AWARDING THE COMPENSATION OF
RS.9,22,240/-, ETC.,
THIS MFA COMING ON FOR ORDERS THIS DAY, KRISHNA S.
DIXIT, J, DELIVERED THE FOLLOWING:
JUDGMENT
The subject matter of this appeal is
substantially similar to the one in MFA
No.100488/2014 (LAC) between the State of
Karnataka Vs. Smt. Lakshmavva and others,
decided by a Co-ordinate Bench of this Court vide
order dated 06.09.2021, wherein paragraph 8 reads
as under:
"8. The Judgment and award dated
04.02.2013, passed in LAC No.410/2012 on the file
of the II Addl. Senior Civil Judge, Bagalkot is
hereby set aside. Accordingly, the appeal is
allowed."
MFA No. 100487 of 2014
2. The above apart another Co-ordinate Bench
of this Court, wherein one of us was also a
member (KSDJ), has considered a challenge as
to the validity of a consent award accepted
by a land owner under Section 18 of the
Land Acquisition Act, 1894. This was in MFA
No.101331/2014 (LAC) between the State
of Karnataka Vs. Siddappa Sangappa Arabbi
since deceased by his L.Rs, decided on
16.06.2021, wherein, paragraph No.3(a) reads as
under:
"3(a). The acquisition of the land is
not in dispute, the only question vehemently
urged by the learned Government Advocate
relates to the nature of the Award on which
the invocability of the Referential Jurisdiction
depends; he presses into service a decision of
the Apex Court in Ranveer Singh Vs. State
of U.P. (2016) 14 SCC 191, to the effect
that a consent award made under Section
11(2) of the Act cannot be the subject matter
of Reference under Section 18; there is no
MFA No. 100487 of 2014
much dispute at the Bar as to the ratio of this
decision; it has been the consistent view of
the Apex Court that a land loser, who accepts
the award without any demur, cannot turn
around to lay a challenge to the award of
compensation."
In the above circumstances, we find no reason
to deviate from the view already taken by two Co-
ordinate Benches in similar matters, wherein relief
has been granted in favour of the State Government.
For the reasons stated above, this appeal
succeeds; the impugned Judgment and award dated
04.12.2013 passed in LAC No.400/2012 by the II
Addl. Senior Civil Judge, Bagalkot, are set aside.
Costs made easy.
Sd/-
JUDGE
Sd/-
JUDGE
SVH
