Gavisiddangouda Dead By His Lrs vs The Assistant Commissioner
2023 Latest Caselaw 5945 Kant

                                                       -1-
                                                              NC: 2023:KHC-D:9455
                                                                MFA No. 22262 of 2013




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 24TH DAY OF AUGUST, 2023

                                                     BEFORE
                                THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                          MISCELLANEOUS FIRST APPEAL NO. 22262 OF 2013 (LAC)
                          BETWEEN:

                          1.     GAVISIDDANGOUDA DEAD BY HIS LRS.
                          1.A    SMT. SHANKRAMMA W/O GAVISIDDANGOUDA
                                 AGE: 60 YEARS, OCC: HOUSE HOLD,
                          1.B    NINGANAGOUDA S/O GAVISIDDANGOUDA
                                 AGE: 40 YEARS, OCC: AGRIL.,
                          1.C    PALAXGOUDA S/O GAVISIDDANGOUDA
                                 AGE: 38 YEARS, OCC: AGRIL.,
                          1.D PRABUGOUDA S/O GAVISIDDANGOUDA
                              AGE: 36 YEARS, OCC: AGRIL.,
                                 ALL ARE R/O: VEERAPUR, TQ: YELBURGA.
                                                                         ...APPELLANTS
                          (BY SRI. S A NINGOJI AND SRI. G.R.TURAMARI, ADVOCATES)
                          AND:
                          1.    THE ASSISTANT COMMISSIONER
            Digitally
                                CUM L.A.O.KOPPAL,
            signed by
            VIJAYALAXMI
VIJAYALAXMI M BHAT              TQ AND DIST: KOPPAL.
M BHAT      Date:
            2023.08.30
            14:53:26
            +0530         2.    THE EXECUTIVE ENGINEER
                                NO.1 T.R.DIVISION, MUNIRABAD.
                                                                        ...RESPONDENTS

                          (BY SMT. KIRTILATA PATIL, HCGP FOR R1;
                          SRI. K.S.PATIL, ADVOCATE FOR R2)

                                THIS MFA IS FILED U/SEC.54(1) OF LA ACT, AGAINST THE
                          JUDGMENT AND AWARD DTD 09.04.2013 PASSED IN
                          LAC.NO.67/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE JMFC
                          AT YELBURGA, BY ENHANCING THE AWARD AMOUNT AT
                          RS.1,25,000/- TO 1,56,000/- PER ACRE ALONG WITH ALL
                          STATUTORY BENEFITS WITH COST, IN THE ENDS OF JUSTICE
                          AND EQUITY.
                                   -2-
                                         NC: 2023:KHC-D:9455
                                             MFA No. 22262 of 2013




    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

1. This appeal is filed by the land loser for enhancement

of compensation challenging the judgment and

award dated 09.04.2013, passed in LAC No.67/2012,

on the file of the Senior Civil Judge, Yelburga.

2. The land was acquired in terms of the notification

under Section 4(1) of the Land Acquisition Act, 1894,

vide notification dated 24.05.2003.

3. The Special Land Acquisition Officer, awarded

compensation of Rs.24,500/- per acre. The Reference

Court on reference awarded compensation of

Rs.1,26,500/- along with consequential statutory

benefits with all statutory benefits.

4. Aggrieved by the disallowed claim, the appellants are

before this Court seeking enhancement. The

appellants before this Court is claiming a

compensation of Rs.1,56,000/- per acre.

NC: 2023:KHC-D:9455 MFA No. 22262 of 2013

5. The learned counsel for the appellants submits that

in respect of the land acquired for the same project,

namely, Hirehalla project, vide notification dated

16.10.2003, the Apex Court has awarded

compensation of Rs.2,35,795/- with all consequential

benefits in Civil Appeal No.5976/2019.

6. The records would reveal that the land of the

claimants is situated in Veerapur village, taluk:

Yellburga, district: Koppal. The judgment of the

Apex Court cited by the appellants would also reveal

that the land acquired in the said case is from

Veerapur village. In the instant case, 4(1)

notification is dated 24.05.2003, however, same was

gazetted on 16.10.2003.

7. Sri K.S.Patil, the learned HCGP for the respondents

beneficiary, in his usual fairness submits that the

lands acquired are also similar to the lands which

were subject matter of Civil Appeal no.5976/2019.

NC: 2023:KHC-D:9455 MFA No. 22262 of 2013

8. This being the position, this Court is of the view that

the appellants are entitled to compensation of

Rs.2,35,795/- per acre with all consequential

benefits, excluding the interest for the delayed

period of 2187 days as ordered in terms of the order

dated 12.10.2022.

9. Accordingly, appeal is allowed in part, with costs.

Sd/-

JUDGE

gab - upto para 1 VMB - para 2 to end

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