Karnataka High Court
Suvarna D/O Guruvayya Pujeri vs The Special Land Acquisition ... on 7 August, 2023
Bench: Anant Ramanath Byarhj
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NC: 2023:KHC-D:8397
MFA No. 100405 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. 100405 OF 2015 (LAC)
BETWEEN:
1. SUVARNA D/O GURUVAYYA PUJERI
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. MASTIHOLI-591243,
TALUKA: HUKERI, DIST: BELAGAVI.
JAYSHREE D/O GURUVAYYA PUJERI
SINCE DECEASED SHE HAD NO LEGAL REPRESENTATIVES
SRI. MAHADEV S/O MAREYYA PUJERI
SINCE DECEASED BY HIS LRS.
SMT. SHANTA W/O KALLAYYA PUJERI
2. AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: AGASAGI-591143,
TALUKA AND DIST: BELAGAVI.
3. SMT. SHASHIKALA W/O APPAYYAPPA PUJERI
AGE: 42 YEARS, OCC: AGRICULTURE,
Digitally
signed by
R/O: SULKUD-416216, TALUKA: KAGAL,
GIRIJA A
GIRIJA A
BYAHATTI DIST: KOLHAPUR.
BYAHATTI Date:
2023.08.10
10:44:59 -
0700
4. SMT. SHOBHA W/O IARAYYA PUJERI
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: HIREHATTI-591131,
TALUKA: KHANAPUR,
DIST: BELAGAVI
5. SRI. VINOD S/O MAHADEV PUJERI
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O: MASTIHOLI-591243,
TALUKA: HUKERI, DIST: BELAGAVI.
6. SMT. LAXMI W/O BASAVARAJ PUJERI
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: MASTIHOLI-591243,
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NC: 2023:KHC-D:8397
MFA No. 100405 of 2015
TALUKA: HUKERI, DIST: BELAGAVI.
APPELLANTS 1 TO 4 AND 6 ARE REPRESENTED
BY PA HOLDER APPELLANT NO.5
SRI. VINOD S/O MAHADEV PUJERI.
7. KUMAR PRAVEEN S/O BASAVARAJ PUJERI
AGE: 12 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY HIS
NATURAL MOTHER NEXT FRIEND
SMT. LAXMI W/O BASAVARAJ PUJERI.
8. KUMAR PRAJWAL S/O BASAVARAJ PUJERI
AGE: 8 YEARS, OCC: SUTDENT,
SINCE MONOR REPRESENTED BY HIS
NATURAL MOTHER NEXT FRIEND
SMT. LAXMI W/O BASAVARAJ PUJERI.
...APPELLANTS
(BY SMT. SUNANDA P PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
HIDKAL DAM-591107,
TALUKA: HUKERI, DIST: BELAGAVI.
2. THE EXECUTIVE ENGINEER
K.N.N.L.GRBC DIV.NO.2,
HIDKAL DAM-591107,
TALUKA: HUKERI, DIST: BELAGAVI.
...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, AGAINST THE
JUDGMENT AND AWARD DATED:03.05.2014, PASSED IN
LAC.NO.15/2012, ON THE FILE OF THE SENIOR CIVIL JUDGE,
HUKKERI, PARTLY ALLOWING THE REFERENCE PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
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NC: 2023:KHC-D:8397
MFA No. 100405 of 2015
JUDGMENT
This appeal is filed challenging the judgment and
award dated 03.05.2014 passed in LAC No.15 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.4,00,000/- per acre of agricultural
lands acquired. In addition, the statutory benefits are also
granted.
2. The appellants are seeking enhancement of
compensation on the premise that the appellants used to
harvest the crops twice a year. Learned counsel for the
appellants also refers to the judgment of this Court in MFA
No.100403/2015 and connected matters.
3. In terms of the judgment passed by this Court
on 31.03.2023 in the aforementioned cases, 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.100403/2015 and
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MFA No. 100405 of 2015
connected matters. It is also 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 appellants 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 appellants used to harvest crops twice a
year and as such, the appellants are 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.100403/2015 and since it is submitted
that the appellants used to grow two crops a year, the
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MFA No. 100405 of 2015
appellants are entitled to the compensation as awarded in
MFA No.100403/2015 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 appellants 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
03.05.2014 passed in LAC No.15 of 2012, on the file of the
Senior Civil Judge, Hukkeri, is modified as indicated above.
Sd/-
JUDGE
gab/ CT-PA
