Narasimhegowda vs The Special Land Acquisition ...
2023 Latest Caselaw 962 Kant

                           1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 16TH DAY OF JANUARY, 2023

                        BEFORE

     THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

     MISCELLANEOUS SECOND APPEAL No.61 OF 2014

BETWEEN:

NARASIMHEGOWDA,
S/O.NARASEGOWDA,
AGED ABOUT 50 YEARS,
OCC:AGRICULTURIST
R/O: SANABADAKOPPALU VILLAGE,
CHINAKURALI HOBLI
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 401.
                                         ...APPELLANT
(BY SRI.MAHESHA, ADVOCATE)

AND:

1.      THE SPECIAL LAND ACQUISITION OFFICER
        NAGAMANGALA, NAGAMANGALA TALUK,
        MANDYA DISTRICT.

2.      THE EXECUTIVE ENGINEER
        HEMAVATHI LEFT BANK CANAL,
        DIVISION NO.6, PANDAVAPURA,
        MANDYA DISTRICT - 571 401.

3.      PRINCIPAL SECRETARY,
        GOVERNMENT OF KARNATAKA,
        REVENUE DEPARTMENT,
        SACHIVALAYA-2,
        M.S.BUILDING,
        BENGALURU - 560 009.
                               2


4.   DEPUTY COMMISSIONER,
     MANDYA DISTRICT,
     MANDYA - 561 401.
                                         ...RESPONDENTS

(BY SMT.JYOTHI BHAT, HCGP FOR R-1, R-3 AND R-4;
    SRI.K.S.BHEEMAIAH, ADVOCATE FOR R-2)

     THIS MSA IS FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD
DATED 12.03.2014 PASSED IN MA(LAC).NO.6/2012 ON
THE FILE OF THE III ADDITIONAL DISTRICT AND
SESSIONS     JUDGE,      MANDYA     (SITTING    AT
SRIRANGAPATNA),    DISMISSING   THE   APPEAL   AND
CONFIRMING THE JUDGMENT AND AWARD DATED
31.10.2011  PASSED    IN   LAC  NO.322/2009   (OLD
NO.225/2007) ON THE FILE OF THE CIVIL JUDGE
(SR.DN)., AND JMFC, AT PANDAVAPURA, PARTLY
ALLOWING THE APPLICATION.

     THIS MSA COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                           ORDER

The land bearing Sy.No.67/01 measuring to an

extent of 5 guntas situated at Kamanayakanahalli

Village, Chinakurali Hobli, Pandavapura Taluk, Mandya

District was proposed to be acquired under the notification

issued Section 4(1) of the Land Acquisition Act, for the

purpose of Hemavathi canal to which culminated in passing

of an award.

2. The market value of the subject land was fixed

at Rs.47,800/- per acre by the Land Acquisition Officer

against which the land looser filed the petition under

Section 17 of the Land Acquisition Act. The Reference

Court fixed the market value of the subject land at

Rs.2,25,000/- per acre. The land looser not satisfied with

the quantum of compensation preferred an appeal before

the District Court and the District Court by impugned

judgment confirmed the market value fixed by the

Reference Court. Hence, this Second Appeal.

3. Learned counsel for appellant-land looser

submits that the Co-ordinate Bench of this Court in MSA

No.62/2014 disposed of on 16.02.2017 has fixed the

market value of the land acquired for the same purpose

under the same notification at Rs.2,73,600/- per acre.

Hence, he submits that the market value of the subject

land to be fixed at Rs.2,73,600/- per acre so as to

maintain parity.

4. Learned counsel appearing for respondents-

beneficiary does not dispute that the market value of the

similarly situated land which was acquired under the same

notification and for the same purpose has been fixed at

Rs.2,73,600/- per acre.

5. I have examined the submissions made by the

learned counsel for the parties.

6. The Hon'ble Apex Court in the case of "Union

of India (UOI) Vs. Bal Ram and Anr.," reported in

(AIR 2004) SC 3981 has held that it would be unfair to

discriminate between the land owners to pay more to

some and less to others when the purpose of acquisition is

same and lands are identical and similar, though lying in

different villages.

7. In view of the same, the market value of the

subject value also requires to be fixed at Rs.2,73,600/.

Accordingly, I pass the following:

ORDER

(i) Appeal is allowed in part.

(ii) The impugned judgment and award dated

12.03.2014 passed by the III Additional District and

Sessions Judge, Mandya (Sitting at srirangapatna), in

MA(LAC) No.6/2021 and the impugned judgment and

award dated 31.10.2021 passed by the Civil Judge,

(Sr.Dn.) and JMFC at Pandavapura, in LAC No.322/2009

(old No.225/2007) are hereby modified.

(iii) The market value of the subject land is

determined at Rs.2,73,600/- per acre with all admissible

statutory benefits including cost.

Pending I.As., do not survive for consideration in

view of the disposal of the main appeal.

Sd/-

JUDGE

GPG