Karnataka High Court
Union Of India vs Shivasharanappa And Ors on 20 December, 2023
Author: R.Devdas
Bench: R.Devdas
-1-
NC: 2023:KHC-K:9346-DB
MFA No. 202466 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH 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. 202466 OF 2019 (LAC)
BETWEEN:
UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION, SOUTH CENTRAL
RAILWAYS, SECUNDRABAD (ANDHRA PRADESH),
REPRESENTED BY
ASSISTANT EXECUTIVE ENGINEER,
CONSTRUCTION,
S.C. RAILWAYS, GULBARGA.
...APPELLANT
Digitally signed by
(BY SRI. MANVENDRA REDDY,ADVOCATE)
VARSHA N
RASALKAR
Location: High AND:
Court Of Karnataka
SHIVASHARANAPPA
S/O BHIMSHA BY LRS.
1. GURUBAI
W/O LATE SHIVASHARANAPPA,
AGE: 63 YEARS, OCC: AGRICULTURE,
2. BHIMASHANKAR
S/O LATE SHIVASHARANAPPA
AGE: 35 YEARS, OCC: AGRICULTURE,
-2-
NC: 2023:KHC-K:9346-DB
MFA No. 202466 of 2019
BOTH R/O. AURAD-B VILLAGE,
TQ: & DIST: KALABURAGI - 585 105.
3. THE DEPUTY COMMISSIONER
KALABURAGI - 585 102.
4. THE STATE OF KARNATAKA
THROUGH THE ASST. COMMISSIONER
AND LAND ACQUISITION OFFICER,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADV., FOR
PROPOSED LRS OF DECEASED R1 AND R2;
SRI. MALLIKARJUN C. BASAREDDY, GA, FOR R3 AND R4)
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, PRAYING TO CALL FOR THE RECORDS IN
L.A.C.NO.21/2014 ON THE FILE OF I ADDL. SENIOR CIVIL
JUDGE, KALABURAGI, ALLOW THE APPEAL BY SETTING ASIDE
THE JUDGMENT AND AWARD DATED:11.07.2019 PASSED BY
LEARNED I ADDL. SENIOR CIVIL JUDGE, KALABURAGI IN
L.A.C. NO.21/2014, IN THE INTEREST OF JUSTICE AND EQUITY
AND ETC.
THIS MFA COMING ON FOR ORDERS THIS DAY,
R.DEVDAS J., DELIVERED THE FOLLOWING:
JUDGMENT
R. DEVDAS J., (ORAL):
Learned Counsel for the appellant-Union of India
submits that the matter is no more res integra since this
Court in a recent decision in MFA No.200021/2020 dated
16.02.2023 has allowed the appeal filed by the Union of
NC: 2023:KHC-K:9346-DB
India and this Court has reduced the award amount from
Rs.113/- per sq.ft to Rs.35/- per sq.ft.
2. Learned Counsel for the appellant submits that
the decision in the said case is applicable to the facts of
the present case on all fours. Learned Counsel
Sri.Harshavardhan R. Malipatil appearing on behalf of the
respondents/claimants would submit that even if this
Court were to allow the appeal, liberty may be reserved to
the respondents/claimants to raise a challenge to the said
order passed in MFA No.200021/2020.
3. Accordingly, the Miscellaneous First Appeal is
required to be allowed in terms of the judgment and
award passed in MFA No.200021/2020 dated 16.02.2023.
Consequently, we proceed to pass the following:
ORDER
(i) Appeal is partly allowed.
(ii) The judgment and award dated
11.07.2019 passed by the I Addl.
Senior Civil Judge, Kalaburagi, in LAC
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No.21/2014, is modified, and the
market value of the acquired lands is
reduced to Rs.35/- per sq.ft from
Rs.113/- per sq.ft.
(iii) The land losers are entitled to statutory
benefits and interest in accordance with
Sections 28 and 34 of the Land
Acquisition Act, 1894. Interest shall be
calculated from the date of taking
possession or date of award whichever
was earlier.
(iv) However, liberty is reserved to the
respondents/claimants to raise a
challenge to the said judgment and
award dated 16.02.2023 passed in MFA
No.200021/2020.
(v) Needless to observe that if any
subsequent orders are passed by the
Hon'ble Supreme Court varying or
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modifying the terms of the judgment
and award passed by this Court in MFA
No.200021/2020, the same would be
applicable to the present case also.
(vi) The amount deposited by the appellant
before this Court shall be transmitted to
the Reference Court for disbursal.
Sd/-
JUDGE
Sd/-
JUDGE
DL
CT:VK
