Karnataka High Court
Prabhuling vs Slao on 19 December, 2023
Author: R.Devdas
Bench: R.Devdas
-1-
NC: 2023:KHC-K:9297-DB
MFA No.602 of 2007
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.602 OF 2007(LAC)
BETWEEN:
PRABHULING
S/O GURUPADAPPA
AGE: ABOUT 65 YEARS
OCC: AGRICULTURE
R/O CHENNUR, TQ. CHINCHOLI
DIST. GULBARGA - 585 307
...APPELLANT
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
Digitally signed by
AND:
VARSHA N
RASALKAR
Location: High SPL. LAND ACQUISITION OFFICER
Court Of Karnataka
M & MIP, ROOM NO.21
MINI VIDHAN SOUDHA
GULBARGA - 585 102
...RESPONDENT
(BY SRI MALLIKARJUN C. BASAREDDY, GOVT. ADVOCATE)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 31.05.2001 PASSED IN LAC No.1332/1997 ON THE
FILE OF THE PRL. CIVIL JUDGE (SR.DN.), GULBARGA, PARTLY
-2-
NC: 2023:KHC-K:9297-DB
MFA No.602 of 2007
ALLOWING THE REFERENCE PETITION FOR ENHANCED
COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY
R.DEVDAS J., DELIVERED THE FOLLOWING:
JUDGMENT
R. DEVDAS J., (ORAL):
Learned counsel for the appellant 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.
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
NC: 2023:KHC-K:9297-DB
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.
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
appellant is 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
appellant/review petitioner has to be adjusted in the
NC: 2023:KHC-K:9297-DB
present appeal while paying difference of Court fee by the
appellant.
6. Of course, there being an inordinate delay of
3939 days in filing the review petition, as was directed in
such other review petitions, the appellant/review
petitioner shall not be entitled for payment of interest not
only during the delayed period of 3939 days in filing the
review petition but the appellant/review petitioner shall
also not be entitled for interest from the date of judgment
and award passed in M.F.A.No.602/2007 dated
10.04.2008 till date i.e., 19.12.2023.
Sd/-
JUDGE
Sd/-
JUDGE
BL
CT:VK
