Karnataka High Court
Sri Siddaramegowda vs Special Land Acquisition on 23 November, 2023
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NC: 2023:KHC:42247
MSA No. 5 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
MISCELLANEOUS SECOND APPEAL NO. 5 OF 2022 (LA)
BETWEEN:
SRI. SIDDARAMEGOWDA
S/O LATE RAMEGOWDA,
AGED ABOUT 70 YEARS,
R/AT KADAVEKATTEHUNDI VILLAGE,
VARUNA HOBLI,
MYSURU TALUK-570010
...APPELLANT
(BY SRI. TIMMANNA BHAT, ADVOCATE)
AND:
SPECIAL LAND ACQUISITION OFFICER
KABINI RESERVOIR PROJECT,
NEAR ANDOLANA CIRCLE,
RAMAKRISHNA NAGARA,
MYSURU-570022.
...RESPONDENT
(BY SRI. M. SRINIVAS KUMAR, HIGH COURT GOVERNMENT)
Digitally
signed by
SUMA THIS MSA IS FILED UNDER SECTION 54(2) OF LAND
Location: ACQUISITION ACT, AGAINST THE JUDGMENT DATED 01.12.2010
HIGH
COURT OF PASSED IN LACA 3/2009 ON THE FILE OF THE III ADDITIONAL
KARNATAKA
DISTRICT AND SESSIONS JUDGE AT MYSURU, ALLOWING THE
APPEAL AND MODIFYING THE JUDGMENT DATED 28.03.2007 PASSED
IN LAC NO.164/2006 ON THE FILE OF THE 1ST ADDITIONAL CITY
JUDGE (SR.DN) MYSURU, PARTLY ALLOWING THE REFERENCE
PETITION FILED UNDER SECTION 18 OF THE LAND ACQUISITION
ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:42247
MSA No. 5 of 2022
JUDGMENT
The appellant has challenged the common judgment
dated 01.12.2010 passed by the III Additional Sessions Judge,
Mysuru (henceforth referred to as 'Appellate Court') in LACA
No.3/2009 by which, the compensation awarded by the
reference Court in LAC No.164/2006 was enhanced to a sum of
Rs.3,90,000/- per acre.
2. The appellant claims to be the owner of the land
bearing Sy.No.325/1, measuring 7 guntas situate at Yadakola
village, Varuna Hobli, Mysuru Taluk, which was proposed for
acquisition in terms of a preliminary notification dated
19.07.2001. The Land Acquisition Officer passed an award
determining the compensation payable to the appellant at a
sum of Rs.48,400/- per acre. The appellant sought reference
under Section 18 of the Land Acquisition Act, 1894. The
reference Court in terms of its judgment dated 28.03.2007,
enhanced the compensation to a sum of Rs.2,24,939/-. In the
first appeal filed by the appellant under Section 54(2) of the
Land Acquisition Act, the Appellate Court enhanced the
compensation to a sum of Rs.3,90,000/- per acre.
NC: 2023:KHC:42247
3. The appellant has now filed this appeal contending
that in respect of the very same village, which was acquired by
the very same notification, the compensation is determined at a
sum of Rs.11,26,627/- per acre in LACA No.15/2015 dated
03.08.2015. He therefore, prays that the compensation
awarded by the Appellate Court in LACA No.3/2009 may be
enhanced.
4. The learned counsel for the appellant relied upon
Section 28A of the Land Acquisition Act, 1894 and contended
that the appellant is entitled to be treated alike and the
compensation of Rs.3,90,000/- awarded by the Appellate Court
deserves to be enhanced to Rs.11,26,627/- per acre.
5. The learned High Court Government Pleader did not
dispute the aforesaid and contended that the land acquired,
which was the subject matter of the appeal in LACA
No.15/2015 was situate in the same village as that of the
appellant and that it was acquired under the very same
notification.
NC: 2023:KHC:42247
6. In view of the aforesaid and having regard to the
purpose of Section 28A of the Land Acquisition Act, 1894, this
appeal deserves to be allowed.
7. Consequently, this appeal is allowed. The
compensation of Rs.3,90,000/- per acre awarded by the III
Additional Sessions Judge, Mysuru in LACA No.3/2009 is
enhanced to Rs.11,26,627/- per acre along with interest and
other statutory benefits. It is needless to mention that the
appellant shall not be entitled to interest for a period of 3313
days, which is the delay in filing this appeal.
Sd/-
JUDGE
PMR
