Karnataka High Court
Khaja Sab S/O Khasim Sab vs The Spl.Land Acqusition Officer on 15 April, 2024
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NC: 2024:KHC-K:2979
MSA No. 200093 of 2015
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
MISCL SECOND APPEAL NO.200093 OF 2015 (LAC)
BETWEEN:
KHAJA SAB S/O KHASIM SAB
DIED BY LR'S,
MD. KHASIM SAB S/O KHAJA SAB,
AGE: 50 YEARS, OCC: AGRICULTURE
R/O: YELMAMADI VILLAGE
TQ: CHINCHOLI, DIST: KALBURGI.
...APPELLANT
(BY SRI. A. M. BIRADAR, ADVOCATE)
AND:
1. THE SPL.LAND ACQUSITION OFFICER
MI & MIP, VIKAS SOUDHA,
KALBURGI-585102.
Digitally signed
by RAMESH
MATHAPATI 2. THE EXECUTIVE ENGINEER,
Location: High KNNL, LMP, DIV.1, KALABURAGI.
Court of
Karnataka
3. THE DEPAUTY COMMISSIONER
VIKAS SOUDHA, KALABURAGI.
(The Respondent No.2 and 3 are impleaded as per
order dated 10.11.2021)
...RESPONDENTS
(BY SMT. ARCHAN P. TIWARI-AAG A/W
SRI. G.B. YADAV-HCGP FOR R1;
SRI. SUDARSHAN M. ADV. FOR R2 AND R3)
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NC: 2024:KHC-K:2979
MSA No. 200093 of 2015
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:
05.04.2012 PASSED BY THE I ADDL. DISTRICT JUDGE,
KALBURGI IN LACA NO.180/2011 TO BE MODIFIED BAY
ENHANCING THE AMOUNT OF COMPENSATION AT
RS.1,38,100/- PER ACRE WITH ALL STATUTORY BENEFITS AND
WITH PROPORTIONATE COST AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant has preferred this appeal against the
judgment and award dated 05.04.2012 passed in LACA
No.180/2011 on the file of the I Addl. District Judge,
Kalaburagi, seeking enhancement of compensation.
2. The appellant was the owner of land bearing
Sy.No.111/1 measuring 02 acres 20 guntas situated at
Yelmamadi village, Tq: Chincholi, Dist: Kalaburagi, which was
acquired for the purpose of "Lower Mullamari Project" vide
preliminary notification under Section 4(1) of L.A.Act, dated
18.02.1993. The Special Land Acquisition Officer awarded
compensation of Rs.10,000/- per acre for dry lands by common
award dated 11.01.1996. Upon reference, the reference Court
has enhanced the compensation at the rate of 33,000/- per
acre in respect of dry lands with all statutory benefits.
NC: 2024:KHC-K:2979
Dissatisfied with the said determination, the appellant has filed
appeal before the I Addl. District Judge, Gulbarga in LACA
No.180/2011 with an application for condonation of delay of
4097 days. The said appeal was allowed by the judgment and
award dated 05.04.2012 by enhancing Rs.78,000/- per acre for
dry lands from Rs.33,000/- per acre, which is the subject
matter of this appeal. Aggrieved by the judgment and award
the appellant has preferred this appeal seeking further
enhancement of compensation.
3. Learned counsel for the appellant has produced the
copy of the Division Bench judgment of the court in MFA
No.7373/2007 wherein the market value is determined @
Rs.1,33,499/- per acre with statutory benefits for the dry lands
which is acquired under Section 4(1) of the Land Acquisition Act
dated 28.01.1993 for the very same purpose and sought for
enhancement. He further submits that the respondents have
already satisfied the judgment and award passed by the
Division Bench of this Court stated supra. Accordingly, he
sought for enhancement of compensation.
NC: 2024:KHC-K:2979
4. Per contra, learned High Court Government Pleader
and also Sri.Sudarshan M, learned counsel appearing for
respondent No.2 do not dispute the submission made by the
learned counsel for the appellant.
5. It is not in dispute that the land involved in this
case is acquired for the construction of Lower Mullamari Project
by issuing preliminary notification under Section 4(1) of the
Land Acquisition Act, dated 18.02.1993. A perusal of copy of
the Division Bench of this Court stated supra, it is clear that the
respondents have acquired the land by issuing preliminary
notification under Section 4(1) of the Land Acquisition Act,
dated 28.01.1993 and the Division Bench of this Court has
awarded the compensation of Rs.1,33,499/- per acre with all
statutory benefits which is also satisfied by the respondents.
Since the land in question and the land involved in MFA
No.7373/2007 stated supra are situated in the same village and
acquired by the respondents in the same year under different
notification for the same project, the appellant is entitled for
enhancement of compensation as made at Rs.1,33,499/- per
acre for dry lands with statutory benefits in MFA No.7373/2007
dated 17.01.2018 stated supra.
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6. For the aforesaid reasons and discussions and
keeping in mind the principle of parity, I proceed to pass the
following:
ORDER
(a) The appeal is allowed in part with proportionate
costs.
(b) The appellant in this appeal is entitled for the
compensation of Rs.1,33,499/- per acre in
respect of land bearing Sy.No.111/1 of
Teknanadi village, Tq: Chincholi, Dist:
Kalaburagi, with all statutory benefits with costs.
However, the appellant is not entitled for
interest for the delayed period before this Court
as well as First Appellate Court.
(c) Draw award accordingly.
Sd/-
JUDGE
MSR
CT: VD
