Karnataka High Court
Nagappa And Ors vs The Chief Engineer And Ors on 10 April, 2024
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MSA No. 200172 of 2019
C/W MSA No. 200169 of 2019
MSA No. 200170 of 2019
MSA No. 200171 of 2019
MSA No. 200174 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
MISCL SECOND APPEAL NO.200172 OF 2019 (LAC)
C/W
MISCL SECOND APPEAL NO.200169 OF 2019(LAC)
MISCL SECOND APPEAL NO.200170 OF 2019(LAC)
MISCL SECOND APPEAL NO.200171 OF 2019(LAC)
MISCL SECOND APPEAL NO.200174 OF 2019(LAC)
IN MSA NO.200172/2019:-
BETWEEN:
PARAMMA
W/O MANIKREDDY
AGE: 70 YEARS, OCC: AGRICULTURE
R/O: SALEBEERANALLI VILLAGE,
TQ: CHINCHOLI, DIST: KALABURAGI.
Digitally signed ...APPELLANT
by RAMESH
MATHAPATI (BY SRI SAKRY K. S., ADVOCATE)
Location: High
Court of
Karnataka AND:
1. THE CHIEF ENGINEER
MI, NORTH ZONE,
VIJAYAPUR-586101.
2. THE EXECUTIVE ENGINEER
MI, DIVISION,
KALBURGI-585102.
3. THE SPECIAL LAND ACQUISITION
OFFICER, M & MIP, VIKAS BHAVAN,
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MSA No. 200172 of 2019
C/W MSA No. 200169 of 2019
MSA No. 200170 of 2019
MSA No. 200171 of 2019
MSA No. 200174 of 2019
KALBURGI-585102.
4. THE DEPUTY COMMISSIONER
VIKAS BHAVAN,
KALABURAGI-585102.
...RESPONDENTS
(BY SRI. G.B. YADAV-HCGP FOR R1 ATO R4)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS. AND THE IMPUGNED JUDGMENT AND AWARD DATED
16.10.2015 PASSED BY THE I ADDL. DISTRICT JUDGE,.
KALBURAGI IN LACA NO.104/2014 TO BE MODIFIED BY
ENHANCING THE AMOUNT OF COMPENSATION AT
RS.2,76,600/- PER ACRE WITH ALL STATUTORY BENEFITS AND
WITH PROPORTIONATE COST, AND ETC.
IN MSA NO.200169/2019:-
BETWEEN:
BAKKAMMA W/O ERAPPA,
AGE: 75 YEARS,
OCC: AGRICULTURE
R/O: SALEBEERANALLI VILLAGE,
TQ: CHINCHOLI,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SAKRY K. S., ADVOCATE)
AND:
1. THE CHIEF ENGINEER
MI, NORTH ZONE,
VIJAYAPUR-586101.
2. THE EXECUTIVE ENGINEER
MI, DIVISION,
KALBURGI-585102.
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NC: 2024:KHC-K:2962
MSA No. 200172 of 2019
C/W MSA No. 200169 of 2019
MSA No. 200170 of 2019
MSA No. 200171 of 2019
MSA No. 200174 of 2019
3. THE SPECIAL LAND ACQUISITION
OFFICER, M & MIP, VIKAS BHAVAN,
KALBURGI-585102.
4. THE DEPUTY COMMISSIONER
VIKAS BHAVAN, KALABURAGI-585102.
...RESPONDENTS
(BY SRI. G.B. YADAV-HCGP FOR R1 ATO R4)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS. AND THE IMPUGNED JUDGMENT AND AWARD DATED
16.10.2015 PASSED BY THE I Addl. DISTRICT JUDGE,.
KALBURGI IN LACA NO.101/2014 TO BE MODIFIED BY
ENHANCING THE AMOUNT OF COMPENSATION AT
RS.2,76,600/- PER ACRE WITH ALL STATUTORY BENEFITS AND
WITH PROPORTIONATE COST, AND ETC.
IN MSA NO.200170/2019:-
BETWEEN:
1. GUNDAPPA S/O SHIVAPPA,
AGE: 56 YEARS, OCC: AGRICULTURE,
2. NAGAPPA S/O GUNDAPPA,
AGE; 29 YEARS, OCC: AGRICULTURE,
3. ANAND S/O GUNDAPPA,
AGE: 25 YEARS, OCC: AGRICULTURE,
ALL ARE R/O: MARPALLI VILLAGE,
TQ. CHINCHOLI, DIST: KALBURGI.
...APPELLANTS
(BY SRI SAKRY K. S., ADVOCATE)
AND:
1. THE CHIEF ENGINEER
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MSA No. 200172 of 2019
C/W MSA No. 200169 of 2019
MSA No. 200170 of 2019
MSA No. 200171 of 2019
MSA No. 200174 of 2019
MI, NORTH ZONE, VIJAYAPUR-586101.
2. THE EXECUTIVE ENGINEER
MI, DIVISION, KALBURGI-585102.
3. THE SPECIAL LAND ACQUISITION
OFFICER, M & MIP, VIKAS BHAVAN,
KALBURGI-585102.
4. THE DEPUTY COMMISSIONER
VIKAS BHAVAN, KALABURAGI-585102.
...RESPONDENTS
(BY SRI. G.B. YADAV-HCGP FOR R1 ATO R4)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS. AND THE IMPUGNED JUDGMENT AND AWARD DATED
16.10.2015 PASSED BY THE I Addl. DISTRICT JUDGE,.
KALBURGI IN LACA NO.102/2014 TO BE MODIFIED BY
ENHANCING THE AMOUNT OF COMPENSATION AT
RS.2,76,600/- PER ACRE WITH ALL STATUTORY BENEFITS AND
WITH PROPORTIONATE COST, AND ETC.
IN MSA NO.200171/2019:-
BETWEEN:
RAJREDDY S/O NARSAREDDY,
AGE: 50 YEARS, OCC: AGRICULTURE
R/O: SALEBEERANALLI VILLAGE,
TQ: CHINCHOLI, DIST: KALBURGI.
...APPELLANT
(BY SRI SAKRY K. S., ADVOCATE)
AND:
1. THE CHIEF ENGINEER
MI, NORTH ZONE,
VIJAYAPUR-586101.
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MSA No. 200172 of 2019
C/W MSA No. 200169 of 2019
MSA No. 200170 of 2019
MSA No. 200171 of 2019
MSA No. 200174 of 2019
2. THE EXECUTIVE ENGINEER
MI, DIVISION, KALBURGI-585102.
3. THE SPECIAL LAND ACQUISITION
OFFICER, M & MIP, VIKAS BHAVAN,
KALBURGI-585102.
4. THE DEPUTY COMMISSIONER
VIKAS BHAVAN, KALABURAGI-585102.
...RESPONDENTS
(BY SRI. G.B. YADAV-HCGP FOR R1 ATO R4)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS. AND THE IMPUGNED JUDGMENT AND AWARD DATED
16.10.2015 PASSED BY THE I Addl. DISTRICT JUDGE,.
KALBURGI IN LACA NO.103/2014 TO BE MODIFIED BY
ENHANCING THE AMOUNT OF COMPENSATION AT
RS.2,76,600/- PER ACRE WITH ALL STATUTORY BENEFITS AND
WITH PROPORTIONATE COST, AND ETC.
IN MSA NO.200174/2019:-
BETWEEN:
1. NAGAPPA W/O SHANTAPPA
AGE: 70 YEARS, OCC: AGRICULTURE,
2. HANMANTH S/O SHIVAPPA,
AGE; 60 YEARS, OCC: AGRICULTURE,
3. ZHARNAPPA
DIED BY LR'S,
3a). PARAVATI W/O ZHARNAPPA
AGE: 39 YEARS, OCC: AGRICULTURE,
4. JAGAPPA S/O SIDDAPPA
AGE: 35 YEARS, OCC: AGRICULTURE.
ALL ARE R/O: SALEBEERANALLI VILLAGE,
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MSA No. 200172 of 2019
C/W MSA No. 200169 of 2019
MSA No. 200170 of 2019
MSA No. 200171 of 2019
MSA No. 200174 of 2019
TQ: CHINCHOLI,
DIST: KALBURGI.
...APPELLANTS
(BY SRI SAKRY K. S., ADVOCATE)
AND:
1. THE CHIEF ENGINEER
MI, NORTH ZONE, VIJAYAPUR-586101.
2. THE EXECUTIVE ENGINEER
MI, DIVISION, KALBURGI-585102.
3. THE SPECIAL LAND ACQUISITION
OFFICER, M & MIP, VIKAS BHAVAN,
KALBURGI-585102.
4. THE DEPUTY COMMISSIONER
VIKAS BHAVAN, KALABURAGI-585102.
...RESPONDENTS
(BY SRI. G.B. YADAV-HCGP FOR R1 ATO R4)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS. AND THE IMPUGNED JUDGMENT AND AWARD DATED
16.10.2015 PASSED BY THE I Addl. DISTRICT JUDGE,.
KALBURGI IN LACA NO.106/2014 TO BE MODIFIED BY
ENHANCING THE AMOUNT OF COMPENSATION AT
RS.2,76,600/- PER ACRE WITH ALL STATUTORY BENEFITS AND
WITH PROPORTIONATE COST, AND ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These Second appeals are preferred against the judgment
and award dated 16th October, 2015 passed in LACAs No.101 to
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106 of 2014 passed by the I Additional District Judge,
Kalaburagi.
2. For the sake of convenience, the parties herein are
referred to as per their status and rank before the trial Court.
3. The appellant in MSA No.200172 of 2019 is the owner
of land bearing survey No.20/B measuring 20 guntas; Appellant
in MSA No.200169 of 2019 is the owner of land bearing Survey
No.16/1 measuring 2 acre 27 guntas; Appellant in MSA
No.200170 of 2019 is the owner of land bearing Survey No.17
measuring one acre; Appellant in MSA No.200171 of 2019 is
the owner of land bearing Survey No.23/1 measuring 14 gunta;
and Appellant in MSA No.200174 of 2019 is the owner of land
bearing Survey No.3/1 and 3/2. measuring .2 acre 14 guntas;
all situate at Salebeeranahalli, Chincholli Taluk, Kalaburagi
District. The said lands were acquired by the respondents by
issuing preliminary notification dated 05th April, 2007 under
Section 4(1) of the Land Acquisition Act, 1894 for the purpose
of construction of tank in Salebeeranahalli. The Special Land
Acquisition Officer determined the market value of the lands at
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Rs.32,000/- per acre vide award dated 30th September, 2008.
Against the said award passed by the Special Land Acquisition
Officer, appellants sought reference. Upon reference, the
Reference Court enhanced the compensation to Rs.1,67,000/-
per acre of dry land with all statutory benefits. Being
dissatisfied with the compensation awarded by the Reference
Court, the appellants preferred appeal before the I Additional
District Judge, Gulbarga (for brevity, hereinafter referred to as
the "First Appellate Court") in LACAs No.101 to 106 of 2014.
The First Appellate Court, by judgment and award dated 16th
October, 2015, allowed the appeals by enhancing the
compensation to Rs.2,35,240/- per acre of dry land with all
statutory benefits. Being not satisfied with the compensation
awarded by the First Appellate Court, the appellants are before
this court in these Second Appeals, seeking enhancement of
compensation.
4. Sri Sakry K.S., learned counsel appearing of the
appellants submitted that the Division Bench of this Court, in
the case of SHARANAPPA AND ANOTHER v. THE CHIEF
ENGINEER AND OTHERS rendered in Miscellaneous First Appeal
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No.200196 of 2014 disposed of on 20th December, 2019,
passed an award of Rs.6,17,168/- per acre of dry land with all
statutory benefits, which pertains to the land in survey
No.36/2A/12B measuring 11 acre 01 gunta situate at Tumkunta
village, Chincholli Taluk, Kalaburagi District which is acquired
under Preliminary Notification dated 05th April, 2007. He
submits that the land involved in Miscellaneous First Appeal
No.200196 of 2017 and the lands involved in these appeals are
situated in same Taluk and that Tumkunta and Salebeeranahalli
villages are in the span of about three kilometers. Nature,
fertility of both lands are one and the same. The copy of the
map of Chincholli Taluk, is also produced. Relying upon the
Division Bench judgment of this Court in Miscellaneous First
Appeal No.200196 of 2014 (supra), the learned Counsel sought
compensation of Rs.6,17,168/- per acre, with all statutory
benefits.
5. Sri Gopalakrishna B. Yadav, learned High Court
Government Pleader appearing for the respondent-State, has
not disputed the judgment in Miscellaneous First Appeal
No.200196 of 2014 dated 20th December, 2019.
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6. In the judgment passed by the Division Bench in
Miscellaneous First Appeal No.200196 of 2014 rendered in the
case of SHARANAPPA AND ANOTHER v. CHIEF ENGINEER AND
OTHERS, at paragraphs 10 and 11 of the judgment, it is
observed as under:
"10. Next point for consideration is regarding
awarding of enhanced compensation on part with the
market value determined by this Court in relation to
acquisition of land in Salebeeranahalli village. Land in
question is situated in Tumkunta Village, which is
adjoining to Salebeeranahalli village and that the
claimants have satisfied this Court that their lands have
the same geographical location and also situated in
close vicinity of the land covered by the exemplar.
Hence, we are of the view that the claimants are
entitled for enhancement of compensation on par with
the market value determined by this Court in relation to
situation of lands in Salebeeranahalli village.
11. This Court determined the market value of the
land situated in Salebeeranahalli village at
Rs.3,76,322/- per acre prevailing as on the date of
preliminary notification issued on 18.02.1999.
Claimants are entitled to claim escalation at the rate of
8% per year because their lands were acquired on
05.04.2007. Thus calculated the compensation to be
awarded works out to Rs.6,17,168/- per acre.
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Accordingly, the appeal stands allowed with cost.
The Judgment of the reference Court is modified and it
is held that the claimants/appellants are entitled to
enhanced compensation at the rate of Rs.6,17,168/- per
acre with all statutory benefits including solatium,
additional market value and the interest that they are
actually entitled to according to Section 34 of the LA
Act."
7. It is not in dispute that the respondents have also
satisfied the award passed by the Division Bench of this Court
in Miscellaneous First Appeal No.200196 of 2014 (supra).
Considering the submissions of the learned counsel for the
appellants, so also, keeping in mind the judgment passed in the
case of SHARANAPPA AND ANOTHER (supra), it is just and
proper to award compensation of Rs.6,17,168/- per acre of dry
land with all statutory benefits to the appellants in these
appeals. Accordingly, I proceed to pass the following:
ORDER
1. Appeals are allowed in part with costs;
2. The judgment and award dated 16th October, 2015
passed in LACAs No.101 to 106 of 2014 passed by
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the I Additional District Judge, Kalaburagi, is
modified as under:
i) The appellants are entitled for compensation
of Rs.6,17,168/- per acre of wet land with all
statutory benefits;
ii) It is made clear that the appellants are not
entitled for any interest for the delayed
period in preferring these appeals;
3. Appellants are permitted to pay the deficit
court fee and furnish fresh valuation slip within
eight weeks from today;
4. Draw separate award accordingly.
Sd/-
JUDGE
LNN
