Smt. Ratnamala W/O Maruti Janji vs The Special Land Acquisition ...
2023 Latest Caselaw 5353 Kant

                                                  -1-
                                                         NC: 2023:KHC-D:8400
                                                           MFA No. 103099 of 2015




                                  IN THE HIGH COURT OF KARNATAKA
                                           DHARWAD BENCH

                              DATED THIS THE 7TH DAY OF AUGUST, 2023

                                                BEFORE
                           THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

                      MISCELLANEOUS FIRST APPEAL NO. 103099 OF 2015 (LAC)

                      BETWEEN:

                      SMT. RATNAMALA W/O MARUTI JANJI,
                      AGE:68 YEARS, OCC:AGRICULTURE,
                      R/O: MASTIHOLI-591 243,
                      TQ:HUKKERI, DIST: BELAGAVI.
                                                                     ...APPELLANT
                      (BY SMT. SUNANDA P PATIL, ADVOCATE)

                      AND:

                      1.   THE SPECIAL LAND ACQUISITION OFFICER,
                           HIDKAL DAM - 591107,
                           TQ: HUKKERI, DIST: BELAGAVI.

                      2.   THE EXECUTIVE ENGINEER,
                           KARNATAKA NEERAVARI NIGAM LTD.,
         Digitally
         signed by
         GIRIJA A
                           GRBC DIV. NO. 2, HIDKAL DAM - 591107,
GIRIJA A BYAHATTI
BYAHATTI Date:
         2023.08.10
                           TQ: HUKKERI, DIST: BELAGAVI.
         10:45:25 -
         0700                                                      ...RESPONDENTS
                      (BY SRI. VINAYAK S KULKARNI, AGA FOR R1;
                      SRI. UMESH AINAPUR, ADVOCATE FOR R2)

                           THIS MFA IS FILED U/S. 54(1) OF LA ACT 1894, AGAINST
                      THE JUDGMENT AND AWARD DATED 07.06.2014 PASSED IN LAC
                      NO.64/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE,
                      HUKKERI, PARTLY ALLOWING THE CLAIM PETITION FOR
                      COMPENSATION      AND     SEEKING     ENHANCEMENT      OF
                      COMPENSATION.

                           THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
                      THE COURT DELIVERED THE FOLLOWING:
                              -2-
                                      NC: 2023:KHC-D:8400
                                        MFA No. 103099 of 2015




                        JUDGMENT

This appeal is filed challenging the judgment and

award dated 07.06.2014 passed in LAC No.64 of 2012 on

the file of the Senior Civil Judge, Hukkeri. In terms of the

impugned judgment and award, Reference Court awarded

compensation of Rs.2,30,000/- per acre of agricultural

lands acquired. In addition, the statutory benefits are also

granted.

2. The appellant is seeking enhancement of

compensation on the premise that the appellant used to

harvest the crops twice a year. Learned counsel for the

appellant also refers to the judgment of this Court in MFA

No.100656/2015.

3. In terms of the judgment passed by this Court

on 31.03.2023 in the aforementioned case, this Court has

fixed the marked value of Rs.8,00,000/- per acre along

with other statutory benefits. It is also submitted that the

lands acquired in this case are located in the same village,

as the lands acquired in MFA No.100656/2015. It is also

NC: 2023:KHC-D:8400 MFA No. 103099 of 2015

submitted that the lands involved in both the cases are

covered under the same notification. It is also contended

by the learned counsel for the appellant that, in the

aforementioned case, this Court has awarded Rs.50,000/-

towards bore well. Learned counsel further submits that,

the ratio in the aforementioned case squarely applies to

this case also.

4. Learned counsel for the respondents does not

dispute the facts as stated above. In his fairness he also

admits that the appellant used to harvest crops twice a

year and as such, the appellant is entitled to compensation

of Rs.8,00,000/- per acre along with statutory benefits.

5. Submission of the learned counsel for the

respondents is placed on record.

6. Since the lands involved in this case are

acquired in terms of the notification acquiring the lands

involved in MFA No.100656/2015 and since it is submitted

that the appellant used to grow two crops a year, the

NC: 2023:KHC-D:8400 MFA No. 103099 of 2015

appellant is entitled to the compensation as awarded in

MFA No.100656/2015 referred to above.

7. Accordingly, the appeal is allowed in part with

proportionate cost. The market value of the lands

acquired is fixed at Rs.8,00,000/- per acre. Rs.50,000/- is

also awarded in favour of the appellant as the value of the

bore well.

The compensation determined by this Court shall

carry all the statutory benefits.

The impugned judgment and award dated

07.06.2014 passed in LAC No.64 of 2012, on the file of the

Senior Civil Judge, Hukkeri, is modified as indicated above.

Sd/-

JUDGE

gab ct-PA