Karnataka High Court
Hanamanta S/O Rangappa Kendur vs The Special Land Acquisition Officer on 5 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2023:KHC-D:14421-DB
MFA No. 22541 of 2013
C/W MFA No. 22544 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH 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. 22541 OF 2013 (LAC)
C/W MISCELLANEOUS FIRST APPEAL NO. 22544 OF 2013
IN MFA.NO. 22541/2013
BETWEEN:
RANGAPPA BALAPPA MAJJAGE,
AGE MAJOR, OCC AGRICULTURE,
R.O NEERALAKERI, TQ BAGALKOT,
DIST BAGALKOT.
- APPELLANT
(BY SRI. JAGADISH PATIL AND
SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
ASSISTANT COMMISSIONER, BAGALKOT.
2. KARNATAKA STATE MINERALS
Digitally
CORPORATION LTD., COMPANY
signed by
VINAYAKA REGISTERED UNDER THE
VINAYAKA B V
BV Date: PROVISIONS OF THE COMPANIES ACT 1956.
2023.12.11
10:46:16
+0530
REGISTERED OFFICE AT BMTC SHANTINAGAR,
5TH FLOOR, TTMC BUILDING A BLOCK,
SHANTINAGAR, BENGALURU 560027.
REP. BY ITS GENERAL MANAGER (ADMIN AND VIG).
- RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1,
SRI. SUNIL S. DESAI ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL FILED U/SEC.54(1) OF
LA ACT 1955, AGAINST THE JUDGMENT AND AWARD DATED
06.08.2012 PASSED IN LAC.NO.53/2009 ON THE FILE OF THE II
ADDL. SENIOR CIVIL JUDGE, BAGALKOT, PARTLY ALLOWING THE
REFERENCE PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION & ETC.
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NC: 2023:KHC-D:14421-DB
MFA No. 22541 of 2013
C/W MFA No. 22544 of 2013
IN MFA.NO. 22544/2013
BETWEEN:
HANAMANTA S/O. RANGAPPA KENDUR,
SINCE DECEASED BY HIS L.R.
1. SMT. MAHADEVI W/O. HANAMANTA KENDUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: NEERALAKERI, TQ. BAGALKOT, DIST: BAGALKOT.
2. SMT. RENAVVA W/O. RANGAPPA KENDUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: NEERALAKERI, TQ. BAGALKOT,
DIST: BAGALKOT.
2.A HANAMANTHA S/O. RANGAPPA KENDUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: NEERALAKERI, TQ. BAGALKOT,
DIST: BAGALKOT.
2.B JAKKAVVA D/O. RANGAPPA KENDUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: NEERALAKERI, TQ. BAGALKOT,
DIST: BAGALKOT.
2.C MAGUNDAPPA KENDUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: NEERALAKERI, TQ. BAGALKOT,
DIST: BAGALKOT.
3. NINGAPPA S/O. HANAMAPPA KENDUR,
SINCIE DECEASED BY HIS LR'S.
3.A RANGAMMA S/O. NINGAPPA KENDUR
AGE. 14 YEARS, OCC. STUDENT,
3.B RAKSHITA S/O. NINGAPPA KENDUR,
AGE. 12 YEARS OCC. STUDENT,
3.C SHRISHAIL S/O. NINGAPPA KENDUR
AGE. 10 YEARS, OCC. STUDENT,
APPELLANT NO. 3A TO 3C ARE REPRESENTED BY
APPELLANT NO. 1 AS NATURAL GUARDIAN.
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NC: 2023:KHC-D:14421-DB
MFA No. 22541 of 2013
C/W MFA No. 22544 of 2013
4. MANJAPPA KENDUR,
AGE: MINOR, R/O. NEERALAKERI,
TAL. BAGALKOT, DIST. BAGALKOT.
5. DHARIYAPPA KENDUR,
AGE: MINOR, R/O. NEERALAKERI,
TAL. BAGALKOT, DIST. BAGALKOT.
6. SHIVALINGAPPA SINDAGI,
AGE: MINOR, R/O. NEERALAKERI,
TAL. BAGALKOT, DIST. BAGALKOT.
7. YALLAVVA KENDUR,
AGE: MINOR, R/O. NEERALAKERI,
TAL. BADAMI, DIST. BAGALKOT.
SINCE CLAIMANT NO. 4 TO 7 ARE MINORS,
R/BY. SMT. MAHADEVI W/O. HANAMANTA KENDUR,
AGE. MAJOR OCC. ARGIRULTURE, R/O. NEERALAKERI,
TAL. BAGALKOT, DIST. BAGALKOT.
- APPELLANTS
(BY SRI. JAGADISH PATIL AND
SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATES)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
ASSISTANT COMMISSIONER, BAGALKOT.
2. MYSORE MINERALS LTD.,
COMPANY REDISTERED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956,
REGISTERED OFFICE AT BMTC SHANTINAGAR,
5TH FLOOR, TTMC BUILDING, 'A' BLOCK,
SHANTINAGAR, BANGALURU-560027.
REP. BY ITS GENERAL MANAGER (ADMIN & VIG)
MR. Y.B. SHANTHARAJU.
- RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1,
SRI. SUNIL S. DESAI ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL FILED U/SEC.54(1) OF
LA ACT 1955, AGAINST THE JUDGMENT AND AWARD DATED
06.08.2012 PASSED IN LAC.NO.50/2009 ON THE FILE OF THE II
ADDL. SENIOR CIVIL JUDGE, BAGALKOT, THE REFERENCE PETITION
FILED U/S 18 OF THE LAND ACQUISITION ACT & ETC.
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NC: 2023:KHC-D:14421-DB
MFA No. 22541 of 2013
C/W MFA No. 22544 of 2013
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ORDERS, THIS DAY, VIJAYKUMAR A.PATIL J., DELIVERED THE
FOLLOWING:
JUDGMENT
These appeals have been filed by the claimants in LAC
No. 50/2009 and 53/2009 being aggrieved by the common
judgment and award dated 06.08.2012 passed by the learned
II Addl. Sr. Civil Judge, Bagalkot (for short 'Reference Court').
2. It is submitted that the appellants' land has been
acquired by the respondent-State on 04.05.2006 by issuing
preliminary notification under Section 4(1) of the Land
Acquisition Act, 1984 (for short 'the Act') and the award came
to be passed by the Land Acquisition Officer (for short 'L.A.O.').
The appellants have sought reference and the Reference Court
vide common judgment and award dated 06.08.2012 has
dismissed the Reference Petition confirming the market value
determined by the L.A.O.
3. Learned counsel for the appellants submits that similarly
placed landlosers/ claimants have filed M.F.A. No. 22539/2013
arising out of the same common judgment wherein the Co-
ordinate bench of this Court has allowed the appeal by re-
NC: 2023:KHC-D:14421-DB
determining the market value at the rate of Rs.9,06,000/- per
acre with all statutory benefits, interest and costs.
4. It is further submitted that the other claimants in LAC No.
48/2009, 56/2009, 54/2009, 52/2009 and 51/2009 have
preferred M.F.A. No. 22546/2013 and connected appeals before
this Court and the co-ordinate bench of this Court vide order
dated 27.09.2021 has re-determined the compensation at the
rate of Rs.9,06,000/- per acre with all statutory benefits,
interest and costs, considering the earlier order passed by this
Court.
5. It is submitted that the subject land in these appeals are
also similar to the lands in the aforesaid appeals and the
Reference Court has passed common judgment in the case of
the appellant as well as in the case of other claimants who have
preferred the appeals and their appeals have been allowed by
enhancing the compensation. The said fact is not disputed by
the learned counsel for the respondent.
6. It is also pointed out that the respondent-State has
preferred Special Leave to Appeal No. 19583/2016 before the
Hon'ble Supreme Court which came to be disposed of by
NC: 2023:KHC-D:14421-DB
granting liberty to the appellant-State to seek review of the
impugned judgment. It is further pointed out that the
respondents have preferred R.P. No. 100135/2016 and the said
petition also came to be dismissed vide order dated
14.07.2021.
7. In view of the aforesaid narration of facts and events and
on the ground of parity, the appellants are also entitled to the
benefit of enhanced compensation as determined by this Court
in M.F.A. No. 22539/2013.
8. It is submitted that this Court in M.F.A. No. 22541/2013
vide order dated 21.04.2023 condoned the delay of 2445 days
in preferring the appeal with a condition that the
appellants/claimants will not be entitled for interest on the
delayed period in the event of enhancement of compensation.
In view of the same, the appellants/ claimants are not entitled
for interest for the aforesaid period.
9. Accordingly, we pass the following order:
NC: 2023:KHC-D:14421-DB
ORDER
Appeals are allowed with costs.
Claimants are entitled for compensation at the rate of
Rs.9,06,000/- per acre with all statutory benefits and interest.
It is made clear that the appellants/claimants in M.F.A. No.
22541/2013 are not entitled for interest on the enhanced
compensation for a period of 2445 days as directed by this
Court vide order dated 21.04.2023.
Sd/-
JUDGE
Sd/-
JUDGE
BVV
