Karnataka High Court
Smt Laxmi Alias Laxmibai Narayansa ... vs The S L A O And Assistant Commissioner on 20 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2023:KHC-D:14954-DB
MFA No. 104021 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 104021 OF 2023 (LAC-)
BETWEEN:
1. SMT LAXMI ALIAS LAXMIBAI NARAYANSA BADDI
AGE. 49, OCC. HOUSEHOLD
2. LAXMAN S/O. NARAYANSA BADDI
AGE: 55, OCC: BUSINESS,
3. BHARAT S/O. NARAYANSA BADDI,
AGE: 51 OCC: BUSINESS,
4. SMT. SHASHIKALA W/O. NARESH KHIROJI,
AGE: 49, OCC: HOUSE HOLD,
ALL ARE R/AT LINGARAJ NAGAR,
UNKAL CROSS, HUBBALLI, DIST: DHARWAD.
...PETITIONERS
SHIVAKUMAR
HIREMATH (BY SRI. SHASHANK S. HEGDE, ADVOCATE)
AND:
Digitally signed
by SHIVAKUMAR 1. THE S L A O AND ASSISTANT COMMISSIONER,
HIREMATH DHARWAD SUB-DIVISION,
Date: 2023.12.22 DHARWAD
10:46:32 +0530
2. THE CHIEF SECRETARY,
GOVT. OF KARNATAKA,
VIDHANA SOUDHA, BENGALURU-560001
3. THE PRINCIPAL SECRETARY OF THE
REVENUE DEPARTMENT,
GOVT OF KARANATAKA,
M.S. BUILDING, BENGALURU-560 001
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NC: 2023:KHC-D:14954-DB
MFA No. 104021 of 2023
4. THE DEPUTY COMMISSIONER,
D.C. COMPOUND, DHARWAD
5. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
HARBOUR & INTERIOR WATER
SUPPLY DEPARTMENT,
K.C.D., CIRCLE, DHARWAD.
6. SMT. JAYASHREE W/O. RAMASA BADDI,
AGE: 55 YEARS, OCC: HOUSE HOLD.
7. SMT. RESHMA W/O. SUNIL IRKAL,
AGE: 37, OCC: HOUSE HOLD
8. SMT. DEEPALI W/O. CHANDRAKANT PUJARI
AGE: 35, OCC: HOUSEHOLD,
9. SMT. SHRUTI W/O. SUNIL KALBURGI
AGE: 32, OCC: HOUSE HOLD
10. SMT. HARSHITA W/O. PRASHANT KAVADE
AGE: 31, OCC: HOUSE HOLD,
11. AMIT S/O RAMASA BADDI,
AGE: 29 , OCC: BUSINESS,
ALL ARE R/AT LINGARAJ NAGAR, UNKAL CROSS,
HUBBALI, DIST: DHARWAD.
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1 TO R5;
NOTICE TO R6 SERVED)
THIS MFA IS FILED U/SEC.54 (1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 14.08.2019 PASSED
IN LAC.NO.159/2014 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, HUBBALLI, PARTLY ALLOWING THE REFERENCE
PETITION FILED UNDER SECTION 18(1) AND (2) OF LAND
ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
VIJAYKUMAR A.PATIL, J., DELIVERED THE FOLLOWING:
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MFA No. 104021 of 2023
JUDGMENT
This appeal is filed under Section 54 (1) of the Land
Acquisition Act, 1984, challenging the Judgment and
award dated 14.08.2019 passed in LAC No.159/2014 by
the Court of II Additional Senior Civil Judge, Hubballi,
wherein, the Reference Court has partly allowed the
Reference Application under Section 18 (1) & (2) of the
Land Acquisition Act, by re-determining the market value
at the rate of Rs.750/- per square feet in respect of the
acquired land bearing Survey No.34/2, measuring 0.14
guntas of M. Timmasagar village, Hubballi taluka along
with statutory benefits.
2. The following point arises for consideration :
"Whether the appellants have made out a
case for enhancement of compensation?
3. The parties to the proceedings do not dispute
that the State Government has acquired the land of the
appellant vide preliminary notification dated 22.11.2012,
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thereafter a final declaration was issued and the Land
Acquisition Officer passed an award on 14.03.2013 by
determining the market value at Rs.19,629/- per gunta.
Feeling aggrieved by the determination of the market
value by the Land Acquisition Officer, the appellants have
sought reference under Section 18 of the Land Acquisition
Act. The Reference Court on appreciation of the evidence
available on record, more particularly placing its reliance
on the another Judgment of the Reference Court in LAC
No.87/2013 has re-determined the market value of the
acquired land at Rs.750/- per square feet.
4. Learned counsel for the appellant reiterating the
grounds urged in the memorandum of appeal submits
that, the co-ordinate Bench of this Court in MFA
No.102248/2015 connected with MFA No.103444/2016
has enhanced the market value of the property at
Rs.2,000/- per square feet by deducting 20% towards the
development charges and the said appeal was arising from
LAC No.87/2013 dated 21.01.2015 passed by the III
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Additional Senior Civil Judge, Hubli. He seeks to allow the
present appeal in terms of the aforesaid appeals.
4. Per contra, Smt. Girija Hiremath, learned HCGP
appearing for the respondents submits that, the
determination of the market value should be based on the
evidence available on record, however, it is not disputed
that, the Reference Court has placed its reliance on the
Judgment in LAC No.87/2013 while determined the market
value of the land in question and the same has been
enhanced by the co-ordinate Bench of this Court and she
seeks passing of appropriate orders in this appeal.
5. Having heard the learned counsel for the parties
and having perused the material available on record, it is
not in dispute that, the Reference Court vide its Judgment
dated 14.08.2023 has considered various factors and
determined the market value of the land in question. The
reference Court has mainly placed its reliance on the
reasoning assigned by the Reference Court in LAC
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No.87/2013 and re-determined the market value at
Rs.750/- per square feet.
6. It is also not in dispute that, the Judgment and
award passed in LAC No.87/2013 dated 21.01.2015 was
the subject matter of MFA No.102248/2015 connected
with MFA No.103444/2016. The co-ordinate Bench of this
Court on detailed consideration of various factors,
evidence on record and on considering various decisions of
the Hon'ble Supreme Court, by well reasoned order, has
re-determined the market value of the lands in LAC
No.87/2013 at Rs.2,000/- per square feet by deducting
20% towards the development cost.
7. We have gone through the reasoning assigned
by the co-ordinate Bench of this Court, we are in full
agreement with the same. This Court is of the considered
view that the same market value is required to be re-
determined with respect to the land in question as of the
land acquired in LAC No.87/2013 and the land in the
present appeal are acquired under the same notification. It
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is also not in dispute that, the appeal filed by the State
Government challenging the Judgment in LAC No.87/2013
is dismissed by the co-ordinate Bench in the aforesaid
appeal. Accordingly, the point for consideration is
answered in the affirmative. In view of the same, the
present appeal is allowed in part by re-determining the
market value of the subject property at Rs.2,000/- per
square feet subject to deduct 20% of the aforesaid
amount towards the development charges.
7. The appellants are entitled to all the statutory
benefits and the interest, except the interest for the
delayed period of 702 days.
9. The above appeal is allowed with costs.
Sd/-
JUDGE
Sd/-
JUDGE
SVH
