Karnataka High Court
Bhupal Narasappa Dadappagaol vs Ther Special Land Acquisition ... on 5 October, 2023
Bench: Anant Ramanath Hegde
-1-
NC: 2023:KHC-D:11789
MFA No. 100900 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 100900 OF 2022 (LAC)
BETWEEN:
1. SHRI. BHUPAL NARASAPPA DADAPPAGOL
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: SATTI, TQ: ATHANI, DIST: BELAGAVI-591304.
2. SHRI. PARISH NARASAPPA DADAPPAGOL
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: SATTI, TQ: ATHANI, DIST: BELAGAVI-591304.
...APPELLANTS
(BY SRI. SANGAMESH S GHULAPPANAVAR, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
HIPPARAGI PROJECT ATHANI, DISTRICT: BELAGAVI.
2. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA NIRAVARI NIGAM LTD.,
ATHANI, DIST: BELAGAVI.
...RESPONDENTS
Digitally
(BY SMT. KIRTILATA R PATIL, HCGP;
signed by
VIJAYALAXMI
VIJAYALAXMI M BHAT
SRI. UMESH C AINAPUR, ADVOCATE FOR R2)
M BHAT Date:
2023.10.07
12:22:15
+0530
THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DATED 23.04.2011
PASSED IN LAC.NO.56/2010 ON THE FILE OF THE SENIOR CIVIL
JUDGE, ATHANI, PARTLY ALLOWING THE REFERENCE PETITION
FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
JUDGMENT
The appellants land bearing Sy.No.492/1 measuring 2 acres
2 guntas in Satti Village, Athani Taluk was acquired in terms of
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MFA No. 100900 of 2022
Section 4(1) notification under the Land Acquisition Act, 1894.
The notification was issued on 26.01.2006. On 13.10.2008, the
Special Land Acquisition Officer passed an award fixing
Rs.1,15,497/- per acre as the market value of the land acquired.
Seeking enhancement, the land losers/appellants sought
reference. The reference Court in LAC 56/2010 on the file of the
Senior Civil Judge, Athani allowed the reference petition in part and
fixed market value at Rs.1,97,850/- per acre. The appellants feel
the said amount also is inadequate. Hence, they have filed this
appeal seeking enhancement.
2. The appellants are claiming Rs.5 lakhs per acre.
3. Learned counsel appearing for the appellants would
submit that the question on market value involved in this matter is
settled by this Court in various cases as the similar lands are
acquired under the notification of 2006 of the same village, where
the market value is determined at Rs.5,00,000/- per acre. It is also
his submission that the market value of Rs.5,00,000/- is arrived at
in terms of the decision taken by the beneficiary agreeing to pay
compensation of Rs.5,00,000/- per acre for the lands acquired after
2004. It is his case that in respect of irrigated lands acquired for
NC: 2023:KHC-D:11789
MFA No. 100900 of 2022
the Hipparagi Project, pursuant to the decision taken by the
beneficiary, this Court has fixed the market value at Rs.5,00,000/-
per acre and the appellants claim parity and pray for market value
of Rs.5,00,000/- per acre.
4. Learned counsel for the respondent/beneficiary would not
dispute the fact that beneficiary has taken a decision to pay
compensation of Rs.5,00,000/- per acre for all irrigated lands in
Satti Village acquired after 2004. It is also not in dispute that this
Court in various cases has fixed the market value of Rs.5,00,000/-
per acre in respect of irrigated lands in Athani Taluk acquired for
Hipparagi Project. Attention of this Court is also drawn to MFA
103174/2018 disposed of on 17.04.2021 wherein the co-ordinate
bench of this Court has fixed Rs.5,00,000/- per acre as the market
value in respect of irrigated lands in Satti Village of Athani Taluk.
5. On considering the aforementioned facts which are not
disputed, this Court is of the view that the appellants are also
entitled to compensation of Rs.5,00,000/- per acre with all statutory
benefits on par with similarly placed land losers.
6. This Court while considering the application filed by the
appellants for condonation of delay of 3541 days, has condoned
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MFA No. 100900 of 2022
the delay subject to the condition that in case of enhancement of
compensation, the appellants are not entitled to interest for the
delayed period of 3541 days.
7. Hence, the following:
ORDER
(i) The appeal is allowed with costs.
(ii) The judgment and award dated 23.04.2011 passed by
the Senior Civil Judge, Athani in LAC 56/2010 are
modified.
(iii) The market value of the appellants' land is determined
at Rs.5,00,000/- per acre.
(iv) The appellants are also entitled to all statutory
consequential benefits on the market value
determined.
(v) However, the appellants are not entitled for interest on
the enhanced compensation for the delayed period of
3541 days.
Sd/-
JUDGE
brn
