Karnataka High Court
Fakirappa S/O. Hanamappa Jyoti vs The Assistant Commissioner on 8 December, 2023
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NC: 2023:KHC-D:14404
MSA No. 523 of 2012
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MISCELLANEOUS SECOND APPEAL NO.523 OF 2012 (LA)
BETWEEN:
FAKIRAPPA S/O. HANAMAPPA JYOTI
SINCE DECEASED BY HIS LRS
HANAMAPPA S/O. FAKIRAPPA JYOTI
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. CHANDUR, TQ: YELBURGA,
DIST: KOPPAL.
...APPELLANT
Digitally
signed by (BY SRI. SHASHIKANT A.NINGOJI, ADVOCATE)
VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date: AND:
2023.12.13
11:13:15
+0530
1. THE ASSISTANT COMMISSIONER AND
LAND ACQUISITION OFFICER, KOPPAL.
2. THE EXECUTIVE ENGINEER,
NO.1, T.R. DIVISION, MUNIRABAD,
TQ. DIST: KOPPAL.
...RESPONDENTS
(BY SRI V.S. KALASURMATH, HCGP FOR R1 AND R2)
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) OF LA ACT, TO SET ASIDE THE JUDGMENT DATED
17.12.2011 PASSED BY THE DISTRICT JUDGE AT; KOPPAL IN
R.A.NO. 26/2009 AND MODIFY THE JUDGMENT AND AWARD PASSED
BY THE CIVIL JUDGE (SR.DIV.) KOPPAL IN L.A.C.NO.75/1998 DATED
30.11.1998 WITH OCST, IN THE ENDS OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14404
MSA No. 523 of 2012
JUDGMENT
The present second appeal by the claimant seeking for
enhancement of compensation awarded in R.A.No.26/2009
on the file of District Judge at Koppal by its judgment dated
17.12.2011.
2. Regular appeal was preferred against
LAC.No.75/1998 dated 30.11.1998 and application was filed
under Section 18 of the Land acquisition Act seeking
enhancement of compensation before the Reference Court,
Koppal challenging the award passed by the Land Acquisition
Officer.
3. The land in question was acquired for submerged
area under the Hirehalla project by preliminary notification
dated 03.11.1994 and the possession of the land was taken
on 12.01.1994. The matter was contested and the claimant
sought for compensation by enhancing the market value of
the acquired land and the reference petition was allowed the
reference petition awarding compensation of Rs.50,000/- per
acre with all consequential benefits to the claimant in respect
of the acquired land.
NC: 2023:KHC-D:14404
4. Against which, regular appeal was preferred
before the District Judge, Koppal. The District Judge by
considering the entire oral and documentary evidence, partly
allowed the regular appeal and enhanced the compensation
from Rs.50,000/- to Rs.80,000/- per acre with all
consequential benefits. Against which the present
miscellaneous second appeal.
5. This Court by order dated 11.09.2014 in
MSA.No.516/2012(LAC) and connected appeals between
Smt.Annapurnamma wife of Doddaveerayya Vs. The
Assistant commissioner and Land acquisition Officer,
Koppal and another1 placing reliance on the order of
Division Bench of this Court in MFA.No.2634/2006 disposed
of on 12.01.2007 for the land acquired under the same
notification enhanced the market value from Rs.80,000/- to
Rs.1,00,000/- with consequential benefit.
6. Learned counsel for the appellant submits that,
the present appeal also needs to be disposed of in similar
M.S.A.No.516/2012 & Connected Appeals
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terms as the lands acquired are under the same notification.
The said fact is not disputed by learned High Court
Government Pleader. The submissions are taken on record.
7. Accordingly, in terms of the order passed in
MFA.No.2634/2006 and MSA.No.516/2012 and connected
appeals, the present appeal is also needs to be allowed
enhancing the compensation from Rs.80,000/- to
Rs.1,00,000/- per acre with all consequential benefits like,
additional market value, soletium, interest there on and also
for recovery of costs, as provided under law.
8. However, it is made clear that the claimant is not
entitled for any interest for the delayed period of 1560 days
in preferring the present miscellaneous second appeal.
9. Accordingly, the miscellaneous second appeal is
disposed of.
Sd/-
JUDGE
EM, CT: UMD
