Ayyappa vs Spl Land Acquisition Officer
2023 Latest Caselaw 11074 Kant

Karnataka High Court

Ayyappa vs Spl Land Acquisition Officer on 19 December, 2023

Author: R.Devdas

Bench: R.Devdas

                                                  -1-
                                                    NC: 2023:KHC-K:9299-DB
                                                           MFA No. 7443 of 2006




                                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.7443 OF 2006(LAC)

                      BETWEEN:

                           AYYAPPA S/O SIDDAYYA
                           DECEASED BY LRS.

                      1.   SMT. NEELAMMA W/O SIDDAYYA
                           AGE: 82 YEARS, OCC: HOUSEHOLD
                           R/O CHENNUR, TQ.CHINCHOLI
                           DIST. KALABURAGI

                      2.   SIDDAYYA S/O AYYAPPA
                           AGE: 47 YEARS, OCC: AGRICULTURE
                           R/O CHENNUR, TQ.CHINCHOLI
Digitally signed by
VARSHA N                   DIST. KALABURAGI.
RASALKAR
Location: High                                                    ...APPELLANTS
Court Of Karnataka

                      (BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)

                      AND:

                      SPL. LAND ACQUISITION OFFICER
                      M & MIP, ROOM NO.21
                      MINI VIDHAN SOUDHA
                      GULBARGA - 585 102.

                                                                 ...RESPONDENT

                      (BY SRI MALLIKARJUN C. BASAREDDY, GOVT. ADVOCATE)
                              -2-
                               NC: 2023:KHC-K:9299-DB
                                       MFA No. 7443 of 2006




      THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD PASSED BY
THE PRL. CIVIL JUDGE (SR.DN) GULBARGA DATED 31.05.2001
IN L.A.C.NO.1331 OF 1997 AND FIX MARKET VALUE FOR LAND
ACQUIRED IN SY.NO.91 OF CHENNUR VILLAGE, TQ.
CHINCHOLI AT THE RATE OF RS.65,000/- PER ACRE TO AN
EXTENT OF 07 ACRE 12 GUNTAS OF LAND AND AWARD ALL
STATUTORY BENEFITS, INCLUDING INTEREST ON THE ENTIRE
COMPENSATION AMOUNT AND GRANT ANY OTHER RELIEF,
WHICH THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
R.DEVDAS J., DELIVERED THE FOLLOWING:

                        JUDGMENT

R. DEVDAS J., (ORAL):

Learned counsel for the appellants submit that the

matter stands covered directly in MFA No.11585/2005

which was disposed of on 15.02.2019.

2. In that matter too, a review petition was filed

and while the review petition was allowed restoring the

miscellaneous first appeal. The matter is required to be

reconsidered in the light of the said judgment passed in

MFA No.11585/2005. In the review petition filed at the

hands of the legal representatives of the original appellant,

NC: 2023:KHC-K:9299-DB

necessary orders have been passed permitting the legal

representatives to come on record. Therefore, the legal

representatives are permitted to come on record in this

appeal also. The learned counsel to carry out amendment

in the cause-title.

3. In the judgment in MFA No.11585/2005, it was

noticed that the reference Court had wrongly awarded

Rs.29,000/- per acre for dry lands and Rs.43,500/- per

acre for irrigated lands without considering the oral and

documentary evidence on record. It was noticed that

under similar circumstances in respect of the very same

notification, this Court had already awarded compensation

at the rate of Rs.1,72,630/- per acre for irrigated lands

and Rs.1,15,085/- per acre for dry lands. In that view of

the matter, MFA No.11585/2005 was allowed while

awarding compensation at the rate of Rs.1,72,630/- per

acre for irrigated lands and Rs.1,15,085/- per acre for dry

lands.

NC: 2023:KHC-K:9299-DB

4. For the reasons stated above, the appeal is

allowed with costs. The impugned judgment and award

passed by the reference Court is hereby modified and the

appellants are entitled for compensation of Rs.1,72,630/-

per acre for wet lands and Rs.1,15,085/- per acre for dry

lands with all statutory benefits.

5. In view of the peculiar facts and circumstances

of the present case, the Court fee paid by the

appellants/review petitioners has to be adjusted in the

present appeal while paying difference of Court fee by the

appellants.

6. Of course, there being an inordinate delay of

3823 days in filing the review petition, as was directed in

such other review petitions, the appellants/review

petitioners shall not be entitled for payment of interest not

only during the delayed period of 3823 days in filing the

review petition but the appellants/review petitioners shall

also not be entitled for interest from the date of judgment

NC: 2023:KHC-K:9299-DB

and award passed in M.F.A.No.7443/2006 dated

04.08.2008 till date i.e., 19.12.2023.

Sd/-

JUDGE

Sd/-

JUDGE

BL

CT:VK