Mahammad Yusuf And Anr vs The Assistant Commissioner And Anr
2023 Latest Caselaw 11069 Kant

Karnataka High Court

Mahammad Yusuf And Anr vs The Assistant Commissioner And Anr on 19 December, 2023

Author: R.Devdas

Bench: R.Devdas

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                                                  NC: 2023:KHC-K:9307-DB
                                                       MFA No. 201586 of 2017




                                IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                           DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                             PRESENT

                                THE HON'BLE MR. JUSTICE R.DEVDAS
                                                AND
                                THE HON'BLE MR. JUSTICE C M JOSHI

                           MISCL. FIRST APPEAL NO. 201586 OF 2017 (LAC)

                      BETWEEN:

                      1.   MAHAMMAD YUSUF S/O MAHAMMAD HANIF
                           HAWALDAR, ALIAS INDIKAR,
                           AGE: MAJOR, OCC: AGRICULTURE,
                           R/O. TAVAKALASHA GALLI, INDI TALUKA,
                           DIST: VIJAYAPUR (BIJAPUR).

                      2.   MAHAMMAD SHARIF S/O MAHAMMAD HANIF
                           HAWALDAR, ALIAS INDIKAR,
                           AGE: MAJOR, OCC: AGRICULTURE,
                           R/O TAVAKALASHA GALLI, INDI TALUKA,
Digitally signed by        DIST: VIJAYAPUR (BIJAPUR).
SOMANATH
PENTAPPA MITTE
Location: HIGH                                                 ...APPELLANTS
COURT OF              (BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE)
KARNATAKA

                      AND:

                      1.   THE ASSISTANT COMMISSIONER,
                           CUM THE LAND ACQUISITION OFFICER,
                           INDI, TALUKA INDI,
                           DIST: VIJAYAPUR-586101.

                      2.   THE EXECUTIVE ENGINEER,
                           MINOR IRRIGATION DIVISION
                           BAGALKOT ROAD, VIJAYAPUR-586101.
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                                 NC: 2023:KHC-K:9307-DB
                                        MFA No. 201586 of 2017




3.   THE STATE OF KARNATAKA,
     REPRESENTED BY DEPUTY COMMISSIONER,
     BIJAPUR, DIST: BIJAPUR-586101.

4.   THE PRINCIPAL SECRETARY,
     REVENUE DEPARTMENT,
     M.S.BUILDING, BANGALORE-560001.

                                        ...RESPONDENTS
(BY SRI.MALLIKARJUN C BASAREDDY, GOVT. ADVOCATE)

     THIS MFA IS FILED U/S. 54 (1) OF LA ACT, PRAYING TO
ALLOW THIS APPEAL WITH COSTS AND AWARD MARKET VALUE
OF RS.5,00,000/- PER ACRE ALONG WITH STATUTORY
BENEFITS, BY MODIFYING THE JUDGMENT AND AWARD OF
THE COURT OF SENIOR CIVIL JUDGE AND JMFC, INDI DATED
28.02.2014 IN LAC No.108 OF 2007, IN THE INTEREST OF
JUSTICE AND EQUITY.

    THIS APPEAL, COMING ON FOR HEARING I.A, THIS DAY,
R DEVDAS, J., DELIVERED THE FOLLOWING:

                          JUDGMENT

R.DEVDAS J., (ORAL);

Learned counsel for the appellants submits that the

matter stands squarely covered by a decision of this Court in

the case of Ravu and Others Vs. the Land Acquisition

Officer, Indi in MFA.No.200700/2014 and connected

matters, which were disposed off on 25.11.2021. Learned

counsel submits that the said decision squarely covers the

matter, since it is arises out of the same notification and the

lands are also situated in the same vicinity.

NC: 2023:KHC-K:9307-DB

2. In the said decision, this Court held that instead of

applying the principles of escalation for nearly 14 years, it

would be just and fair to apply the principles of de-escalation

for a period of 2 years. The chances of error would be

minimized, if the principles of escalation or de-escalations is

applied for shorter period. In that view of the matter, this Court

awarded Rs.17,36,333/- per acre.

3. Accordingly, having regard to the judgment and

award passed by this Court in the case of Ravu (Supra), the

appeal is partly allowed. Hence, we proceed to pass the

following:

ORDER

i) The appeals are allowed in part.

ii) For the acquired lands, the compensation is re-

determined at Rs.17,36,333/- per acre.

iii) Other statutory benefits awarded by the

Reference Court is not disturbed and the

respondent shall pay the award amount

accordingly.

NC: 2023:KHC-K:9307-DB

iv) However, the appellant shall not be entitled for

payment of interest for the delayed period of

1,197 days.

Sd/-

JUDGE

Sd/-

JUDGE

NR/-