Karnataka High Court
Hanamappa S/O. Irappa Tondihal vs The Assistant Commissioner on 18 December, 2023
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NC: 2023:KHC-D:14773
MSA No. 100043 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.100043 OF 2021 (LA)
BETWEEN:
HANAMAPPA
S/O. IRAPPA TONDIHAL
AGE. 53 YEARS, OCC. AGRICULTURE,
R/O. CHANNAPANAHALLI,
TQ. YELBURGA, DIST. KOPPAL.
...APPELLAT
(BY SRI. S.A. NINGOJI, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
CUM LAND ACQUISITION OFFICER,
KOPPAL, TQ. AND DIST: KOPPAL.
2. THE EXECUTIVE ENGINEER,
M.I. DIVISION, KUSHTAGI,
Digitally signed
by VISHAL TQ. KUSHTAGI, DIST. KOPPAL.
VISHAL NINGAPPA
PATTIHAL ...RESPONDENTS
NINGAPPA
PATTIHAL
Date:
2023.12.21
(BY SRI. V.S. KALASURMATH, ADVOCATE)
15:02:31
+0530
THIS MISCELLANEOUS SECOND APPEAL FILED UNDER
SECTION 54(2) OF LAND ACQUISITION ACT, PRAYING THAT, THIS
HONBLE COURT MAY KINDLY BE SET ASIDE THE JUDGMENT DATED
03.08.2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE AT KOPPAL IN L.A.C. APPEAL NO.61/2015 AND MODIFY THE
JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, YELBURGA IN
L.A.C.NO.22/2012 DATED 18.04.2012 BY ENHANCING MARKET
VALUE OF RS.19,2,000/- P.A. WITH ALL STATUTORY BENEFIT WITH
COST.
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14773
MSA No. 100043 of 2021
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.61/2015 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.55
measuring 35 guntas and Sy. No.56/E measuring 01 acre
37 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 the
acquired land for a sum of Rs.90,000/- per acre which was
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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:
1994 - Rs.1,00,000/-
1995 - Rs.1,10,000/-
Civil Appeal No.5976 disposed of on 30.07.2019
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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)
is of the year 2008, the escalation of 10% with cumulative
effect would be up to 2008.
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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/-
2004 2,59,374/-
2005 2,81,311/-
2006 3,13,842/-
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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
