Karnataka High Court
The Deputy Chief Engineer vs Smt. B. Vasantha on 15 September, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:33507
MSA No. 86 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS SECOND APPEAL NO. 86 OF 2020 (LA)
BETWEEN:
THE DEPUTY CHIEF ENGINEER
SOUTH WESTERN RAILWAY
WEST-II/CONSTRUCTION
18, MILLERS ROAD
CANTONMENT, BENGLAURU 560046
...APPELLANT
(BY SRI. SATISH KUMAR N., ADVOCATE)
AND:
1. SMT. B. VASANTHA
W/O C.H. RAMANNA
AGED ABOUT 47 YEARS
R/T STAFF QUARTERS NO.10
TYPE III, CSR AND TEMPRORARY INJUCTION
Digitally signed JLB ROD, VIDYARANYAPURA
by MYSORE 570008.
DHANALAKSHMI
MURTHY
Location: High 2. THE SPL. LAND ACQUISITION OFFICER
Court of
Karnataka HEMAVATHI CANAL ZONE, AND
BANGALORE HASSAN RAILWAY LINE
MINI VIDANA SOUDHA
TUMKUR 572101
...RESPONDENTS
(BY SRI. HARISH N.R.,ADVOCATE FOR R1:
SMT. SAVITHRAMMA, AGA. FOR R2)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD
DATED 26.08.2019 PASSED IN RA.No.43/2018 ON THE FILE OF
-2-
NC: 2023:KHC:33507
MSA No. 86 of 2020
THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND AWARD DATED 09.01.2017 PASSED IN
LAC.No.182/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, KUNIGAL, PARTLY ALLOWING THE PETITION FILED
UNDER SECTION 18(1) OF LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section 54(2) of the Land
Acquisition Act by the Deputy Chief Engineer, South
Western Railways, challenging the judgment and award
dated 26.08.2019 passed by the VI Additional District
Judge, Tumakuru, in R.A.No.43/2018, whereby the appeal
filed by the appellant is dismissed.
2. The brief facts of the case are that the first
respondent herein is the owner of the site measuring 2560
sq.ft. in Municipal Katha No.1229 formed in Sy.No.28/1,
situated at K.R.S.Agrahara, Kunigal Taluk. The said land
has been acquired for the formation of Bangalore - Hassan
railway line, whereupon the proceedings under the Land
Acquisition Act has been initiated, preliminary notification
has been issued on 18.01.2007, which was followed by a
NC: 2023:KHC:33507
MSA No. 86 of 2020
final notification dated 01.11.2007 and the award was
passed on 16.02.2009, by which a sum of Rs.1,88,539/-
along with solatium and other amount has been awarded.
Being aggrieved by the same, the landowner sought for
reference before the civil court. The Reference Court by
order dated 09.01.2017 enhanced the compensation
amount to Rs.250/- per sq. ft. Being aggrieved by the
same, the railways filed an appeal before the VI Additional
District Judge, Tumakuru in RA No.43/2018. The appellate
court dismissed the appeal, confirming the order passed
by the Reference Court dated 09.01.2017. Being aggrieved
by the same, railways filed this appeal.
3. The learned counsel appearing for the appellant
submitted that in respect of the similarly situated land, a
Co-ordinate Bench of this Court in MFA No.2126/2017
C/w.MFA No.127/2021 dated 05.06,2023, following the
judgment of a Division Bench of this Court in MFA
No.2207/2016 dated 28.09.2021, fixed the compensation
NC: 2023:KHC:33507
MSA No. 86 of 2020
at Rs.200/- per sq. ft. The order passed by the Division
Bench of this Court has attained finality.
4. In view of the above, the order passed by the
Reference Court is modified to the effect that the land
loser is entitled to compensation at the rate of Rs.200/-
per sq.ft in respect of residential site measuring 2560
sq.ft.. In addition, the land loser shall be entitled to other
statutory benefits which are admissible to him under the
Act.
5. With the above observations, the appeal stands
disposed of.
Sd/-
JUDGE
CM
