Karnataka High Court
Basayya S/O. Shivamurtayya vs The Assistant Commissioner on 18 December, 2023
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NC: 2023:KHC-D:14770
MSA No. 100032 of 2021
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MISCELLANEOUS SECOND APPEAL NO.100032 OF 2021 (LA)
BETWEEN:
SHIVAMURTAYYA
S/O. CHANNAVEERAYYA
DEAD BY HIS LR
BASAYYA S/O. SHIVAMURTAYYA
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: CHANNAPANAHALLI, TQ: YELBURGA,
DIST: KOPPAL.
...APPELLANT
(BY SRI. S.A. NINGOJI, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
CUM LAND ACQUISITION OFFICER,
KOPPAL, TQ: AND DIST: KOPPAL.
Digitally signed
by VISHAL
NINGAPPA
2. THE EXECUTIVE ENGINEER,
VISHAL
NINGAPPA
PATTIHAL M.I.DIVISION, KUSHTAGI,
Date:
PATTIHAL 2023.12.21 TQ. KUSHTAGI, DIST. KOPPAL.
15:01:05
+0530
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, ADVOCATE)
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO, BE SET
ASIDE THE JUDGMENT DATED 03.08.2021 PASSED BY THE PRL.
DISTRICT AND SESSIONS JUDGE AT KOPPAL IN L.A.C. APPEAL
NO.31/2015 AND MODIFY THE JUDGEMENT AND AWARD PASSED BY
THE SENIOR CIVIL JUDGE YELBURGA IN L.A.C. NO.20/2012 DATED
18.04.2012 WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2023:KHC-D:14770
MSA No. 100032 of 2021
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned High Court Government Pleader accepts
notice for the respondents.
2. The present miscellaneous second appeal by
the claimant assailing the judgment and decree dated
03.08.2021 in LAC Apeal.No.31/2015 on the file of
Principal District and Sessions Judge at Koppal, to the
extent of escalation of 10% per annum given collectively
for nine years.
3. Brief facts of the case are that the appellant
herein is the owner of the land bearing Sy.No.67/A
measuring 03 acres 11 guntas acquired for the purpose of
Rajur Jingo Keri Minor Irrigation Project under preliminary
notification under Section 4(1) of the Land Acquisition Act
on 28.02.2008. The Land Acquisition Officer awarded
market value of the said land in a sum of Rs.24,100/- per
acre and the Reference Court raised the market value of
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the acquired land for a sum of Rs.90,000/- per acre which
was enhanced by the Appellate Court by awarding
Rs.1,71,000/- per acre and the escalation was made at
10% per annum for the 9 years and escalation per year
coming to Rs.9,000/- and for nine years, it has calculated
to Rs.81,000/- and the said escalation taken was
Rs.90,000/- and awarded total sum of Rs.1,71,000/-.
4. The grievance of the appellant is that
escalation calculated by the First Appellate Court is not in
consonance with the dictum of the Apex Court in the case
of Huchanagouda Vs. The Assistant Commissioner
and Land acquisition Officer and another1
(Huchanagouda), wherein the Apex Court at paragraph
Nos.9 & 10 has held as under:
"(9) In the present case, though the land is
stated to be an agricultural land in Veerapur village,
considering the potentiality of the land for
development, the escalation is granted at the rate of
10% with cumulative effect as under:
Civil Appeal No.5976 disposed of on 30.07.2019
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1994 - Rs.1,00,000/-
1995 - Rs.1,10,000/-
1996 - Rs.1,21,000/-
1997 - Rs.1,33,100/-
1998 - Rs.1,46,410/-
1999 - Rs.1,61,051/-
2000 - Rs.1,77,156/-
2001 - Rs.1,94,872/-
2002 - Rs.2,14,359/-
2003 - Rs.2,35,795/-
(10) Awarding 10% increase, the appellants-
claimants are entitled to Rs.2,35,795/- per acre.
Accordingly, the compensation awarded to the
appellants-claimants is enhanced to Rs.2,35,795/-
per acre. Needless to point out that for the period of
delay in filing and in refilling the special leave
petitions the appellants-claimants shall not be
entitled to any interest on the enhanced
compensation and statutory amount."
5. The Apex Court at paragraph No.9 granted
escalation at the rate of 10% with cumulative effect up to
2003, in light of the notification being issued in the year
2003. In the present case, notification under Section 4(1)
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is of the year 2008, the escalation of 10% with cumulative
effect would be up to 2008.
6. The Appellate Court though placed reliance on
the decision of the Apex Court in the case of
Huchanagouda, has failed to appreciate and add 10%
escalation with cumulative effect, warranting interference.
7. Learned High Court Government Pleader does
not dispute that 10% escalation with cumulative effect has
to be awarded as per the decision of the Hon'ble Apex
Court. In the light of the dictum of the Apex Court in the
case of Huchanagouda (stated supra) 10% cumulative
escalation would come as under:
1994 1,00,000/-
1995 1,10,000/-
1996 1,21,000/-
1997 1,33,000/-
1998 1,46,410/-
1999 1,61,051/-
2000 1,77,156/-
2001 1,94,872/-
2002 2,14,359/-
2003 2,35,795/-
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2004 2,59,374/-
2005 2,81,311/-
2006 3,13,842/-
2007 3,45,226/-
2008 3,79,748/-
8. For the foregoing reasons, the appellant is
entitled for 10% cumulative escalation of Rs.3,79,748/-
and appellant to pay necessary Court fee within a period of
four weeks on the said enhanced amount. Accordingly, the
miscellaneous second appeal stands disposed of.
Sd/-
JUDGE
MBM, CT: UMD
