Karnataka High Court
Manik Devendra Patil By Lrs vs The Assistant Commissioner on 3 October, 2023
Bench: Anant Ramanath Byarhj
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NC: 2023:KHC-D:11561
MFA No. 102727 of 2016
C/W MFA No. 102728 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 102727 OF 2016 (LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102728 OF 2016
IN MFA 102727/2016:
BETWEEN:
1. MANIK DEVENDRA PATIL
SINCE DECEASED BY HIS LRS.
1A. SMT. KUSUMAVA W/O MANIK PATIL
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: BASTI GALI, BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
1B. SMT. ANITA W/O AJIT PATIL
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BASTI GALI, BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
Digitally
signed by
VIJAYALAXMI
VIJAYALAXMI M BHAT
M BHAT Date:
2023.10.05
1C. SMT. ARUNA W/O BASAVARAJ SHIRAGAPUR
AGE: 48 YEARS, OCC: AGRICULTURE,
10:47:42
+0530
R/O: BASTI GALI, BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
1D. SMT. SAVITRI W/O SANJAY SATAGOUDA
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: BASTI GALI, BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
1E. AJIT MANIK PATIL
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: BASTI GALI, BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
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C/W MFA No. 102728 of 2016
2. BAHUBALI DEVENDRA PATIL
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BASTI GALI, BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
...APPELLANTS
(BY SRI. NAGARAJ J APPAUNANAVAR, ADVOCATE FOR
SRI. NAVEEN R MELINMANI)
AND:
THE ASSISTANT COMMISSIONER
BELAGAVI SUB-DIVISION,
BELAGAVI
...RESPONDENT
(BY SMT. KIRTILATA R PATIL, HCGP)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT, AGAINST THE
JUDGMENT AND AWARD DTD: 22.11.2013 PASSED IN
LAC.NO.8/2005 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE
(SR.DN), BELAGAVI, PARTLY ALLOWING THE REFERENCE
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA 102728/2016:
BETWEEN:
1. SHEETAL MANOHAR PATIL,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
2. BASAWANT APPANNA PATIL
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
3. PARIS APPANNA PATIL
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
4. DAYANDANAND APPANNA PATIL
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDCHI,
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MFA No. 102727 of 2016
C/W MFA No. 102728 of 2016
TQ AND DIST: BELAGAVI.
5. SUBHASH APPANNA PATIL
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
6. RAJU APPANNA PATIL
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BASAVAN KUDCHI,
TQ AND DIST: BELAGAVI.
7. KASTURI SATAPPA PATIL
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O: CHIKADINKOPPA, TQ: KHANAPUR,
DIST: BELAGAVI.
8. SHOBHA APPANNA PATIL
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: CHIKADINKOPPA, TQ: KHANAPUR,
DIST: BELAGAVI.
...APPELLANTS
(BY SRI. NAGARAJ J APPANNAVAR, ADVOCATE FOR
SRI. NAVEEN R MELINAMANI)
AND:
THE ASSISTANT COMMISSIONER
BELGAUM SUB DIVISION,
BELGAUM.
...RESPONDENT
(BY SMT. KIRTILATA R PATIL, HCGP)
THIS MFA IS FILED U/SEC. 54(1) OFLA ACT, AGAINST THE
JUDGMENT AND AWARD DTD: 22.11.2013 PASSED IN
LAC.NO.14/2005 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE
(SR.DN), BELAGAVI, PARTLY ALLOWING THE REFERENCE
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:11561
MFA No. 102727 of 2016
C/W MFA No. 102728 of 2016
JUDGMENT
1. These appeals are filed seeking enhancement of
compensation on the premise that the compensation
awarded by the Reference Court in LAC Nos.8/2005
and 14/2005, on the file of the I Additional Senior
Civil Judge, Belagavi, is inadequate.
2. The appellants' lands bearing Survey No.333/2B
measuring 8 guntas and survey No.298 measuring
21 guntas, both situated in Basavan Kudchi village,
District Belagavi, were acquired in terms of Section
4(1) notification dated 29.08.2002 under the Land
Acquisition Act, 1894. The Land Acquisition Officer
vide award dated 16.10.2004, awarded a
compensation of Rs.4,00,000/- per acre. On
Reference, the claimants/appellants were awarded
Rs.5,37,000/- per acre i.e. The claimants/appellants
are before this Court seeking enhancement and claim
Rs.48000/- per gunta.
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MFA No. 102727 of 2016
C/W MFA No. 102728 of 2016
3. In support of his contention, the learned counsel for
the appellants would refer to the judgment of the co-
ordinate Bench of this Court in MFA
No.103327/2015, dated 16.03.2020, wherein this
Court has awarded compensation of Rs.48,000/- per
gunta. The said judgment is rendered in the appeal
challenging the award passed in LAC No.15/2005.
The present appeals are arising from LAC No.8/2005
and LAC No.14/2005. All the three cases were
clubbed and disposed of by the reference Court by
common judgment.
4. Learned counsel for the respondents would submit
that the lands acquired in LAC No.15/2005 and lands
acquired in LAC No.8/2005 and LAC No.14/2005 are
similar and the compensation has to be awarded
following judgment rendered in MFA
No.103327/2015.
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MFA No. 102727 of 2016
C/W MFA No. 102728 of 2016
5. This Court on perusal of the aforementioned
judgment is of the view that the claimants/appellants
in these cases are also entitled to the compensation
of Rs.48000/- per gunta as the lands are similar and
acquired under the same notification.
6. Accordingly the appeals are allowed in part, with
cost. Claimants/appellants in LAC No.8/2015 and
14/2015 are entitled to compensation of Rs.48000/-
per gunta, with all the statutory benefits.
7. It is also noticed that there was delay of 898 days in
filing the appeals. The delay was condoned subject
to the condition that the appellants will not be
entitled to interest for 898 days in case the appeals
are allowed.
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MFA No. 102727 of 2016
C/W MFA No. 102728 of 2016
8. Hence, the claimants/appellants are not entitled to
interest for the delayed period of 898 days.
Sd/-
JUDGE
PMP
CT:PA
