The Special Land Acquisition ... vs Smt. Kamalaxi Shivalingappa ...
2022 Latest Caselaw 12570 Kant

                          -1-




                                 MFA No. 102234 of 2017
                            C/W MFA No. 102235 of 2017


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 19TH DAY OF OCTOBER, 2022

                        BEFORE
          THE HON'BLE MR JUSTICE R.NATARAJ
     MISC. FIRST APPEAL NO. 102234 OF 2017 (LAC)
                        C/W
       MISC. FIRST APPEAL NO. 102235 OF 2017

IN MFA NO.102234/2017

BETWEEN:

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     UPPER KRISHNA PROJECT,
     JAMKHANDI.

2.   THE STATE OF KARNATAKA,
     REP. BY DEPUTY COMMISSIONER,
     BAGALKOTE, BAGALKOTE DISTRICT.
                                             ...APPELLANTS
(BY SMT.GIRIJA S.HIREMATH, HCGP)

AND:

SMT.KAMALAXI SHIVALINGAPPA PARSHI,
AGE: MAJOR,
OCC: HOUSEHOLD WORK,
R/O: JAMKHANDI,
BAGALKOTE DISTRICT.
                                       ...RESPONDENT
(BY SRI. MANJUNATH KARIGANNAVAR, ADVOCATE)

     THIS M.F.A. IS FILED UNDER SECTION 54(1) OF THE
LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND
AWARD DATED 04.01.2017 PASSED IN LAC NO.60/2007 ON
THE FILE OF THE ADDL.SENIOR CIVIL JUDGE, JAMKHANDI,
AWARDING THE COMPENSATION OF RS.2,25,000/- PER ACRE
EXCLUDING THE POT-KHARAB AREA.
                           -2-




                                 MFA No. 102234 of 2017
                            C/W MFA No. 102235 of 2017


IN MFA NO.102235/2017

BETWEEN:

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     UPPER KRISHNA PROJECT, JAMKHANDI.

2.   THE STATE OF KARNATAKA,
     REP. BY DEPUTY COMMISSIONER,
     BAGALKOTE,
     BAGALKOTE DISTRICT.
                                             ...APPELLANTS
(BY SMT.GIRIJA S.HIREMATH, HCGP)

AND:

SMT.KAMALAXI SHIVALINGAPPA PARSHI,
AGE: MAJOR,
OCC: HOUSEHOLD WORK,
R/O: JAMKHANDI,
BAGALKOTE DISTRICT,
REP.BY GPA HOLDER
SRI SANGAPPA SHIVALINGAPPA PARSHI,
AGE: 27 YEARS,
R/O JAMKHANDI,
DIST: BAGALKOT.
                                       ...RESPONDENT
(BY SRI. MANJUNATH KARIGANNAVAR, ADVOCATE)

       THIS M.F.A. IS FILED UNDER SECTION 54(1) OF THE
LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND
AWARD DATED 04.01.2017 PASSED IN LAC NO.61/2007 ON
THE FILE OF THE ADDL.SENIOR CIVIL JUDGE, JAMKHANDI,
AWARDING THE COMPENSATION OF RS.2,25,000/- PER ACRE
EXCLUDING THE POT-KHARAB AREA IF ANY.

       THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                  -3-




                                       MFA No. 102234 of 2017
                                  C/W MFA No. 102235 of 2017


                             JUDGMENT

These appeals arise out of an order passed by the

Additional Senior Civil Judge, Jamkhandi in LAC Nos.60 and 61

of 2007, which was a reference under Section 18(1) of the Land

Acquisition Act seeking enhancement of the compensation in

respect of the acquisition of land bearing Sy.No.69/2/1+2/12

and Sy.No.69/1+2/12 measuring 1 acre 21 guntas and 38

guntas respectively, both situate at Kunchunur village,

Jamkhandi taluk. The Reference Court enhanced the

compensation determined by the Land Acquisition Officer from

Rs.47,483.44 per acre to a sum of Rs.2,25,000/- per acre along

with statutory benefits and interest. It is this order of the

Reference Court which is challenged in these two appeals.

2. Learned High Court Government Pleader submitted

that in respect of the very same acquisition, concerning land

lying in the very same village, this Court had determined the

market value of the land in MFA No.1281/2001 at a sum of

Rs.2,25,000/-, which has become final.

3. In view of the aforesaid submission, the question of

interfering with the order passed by the Reference Court does

MFA No. 102234 of 2017 C/W MFA No. 102235 of 2017

not arise. Consequently, the order passed by the Reference

Court determining the market value of the property at a sum of

Rs.2,25,000/- is affirmed. These appeals, therefore stand

dismissed.

Any amount in deposit is ordered to be transferred to the

Reference Court for further needful action.

SD/-

JUDGE

CLK