Karnataka High Court
Sunitha And Ors vs The Special Land Acquisition Officer ... on 18 April, 2024
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MSA No. 200109 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
MISCL SECOND APPEAL NO. 200109 OF 2020 (LA)
BETWEEN:
1. SUNITHA W/O SIDDAPPA, LR OF SIDDAPPA,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: KURIKOTA VILLAGE,
TQ. & DIST. KALABURAGI.
2. RATNHABAI W/O SHIVAKUMAR
LR OF SHIVAKUMAR,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O. KURIKOTA VILLAGE,
TQ. & DIST. KALABURAGI.
3. NAGARAJ S/O VAIJANATH
Digitally signed
by SWETA SINCE DECEASED BY LR
KULKARNI
Location: High
Court of 3A. VIJAY LAXMI W/O NAGARAJ,
Karnataka
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O. KURIKOTA VILLAGE, TQ. & DIST. KALABURAGI.
...APPELLANTS
(BY SRI SHIVASHANKAR H. MANUR, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
FOR M & MINOR IRRIGATION PROJECTS, ROOM
NO.7, MINI VIDHANA SOUDHA,
KALABURAGI-585102.
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MSA No. 200109 of 2020
2. THE DEPUTY COMMISSIONER
KALABURAGI-586102.
3. THE EXECUTIVE ENGINEER,
KNNL BENNETHORA PROJECT, KALALBURAGI
...RESPONDENTS
(BY SRI G. B. YADAV, HCGP FOR R1 & R2;
SRI SANJEEV KUMAR C. PATIL, ADVOCATE FOR R3)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS AND AWARD OF RS.1,40,144/- PER ACRE ALONG WITH
STATUTORY BENEFITS INCLUDING INTEREST BY MODIFYING
THE JUDGMENT AND AWARD DATED 02.12.2015 PASSED BY IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI
IN LAC.A NO.116/2015.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants have filed the present Miscellaneous
Second Appeal against the judgment and award dated
02.12.2015 passed in LACA No.116/2015 on the file of the
IV Additional District and Sessions Judge, Kalaburagi [for
short, 'the first appellate Court'], awarding compensation
of Rs.70,470.40 per acre as against the amount of
Rs.24,000/- per acre awarded by the Reference Court with
all statutory benefits.
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2. The appellants are the owners of the land
bearing Sy.No.5/Aa measuring 2 acres 17 guntas. The
said land was acquired by the respondents vide
preliminary notification dated 30.04.1987 for the purpose
of 'Bennetora Project' followed by the final notification and
common award dated 01.07.1989 came to be passed
fixing the market value at Rs.4,000/- per acre for dry land.
Being dissatisfied with the award passed by the SLAO, the
appellants filed an application under Section 18(1) of the
Land Acquisition Act, 1894 before the III Additional Civil
Judge (Sr.Dn.), Kalaburagi [for short, 'the Reference
Court']. The Reference Court, on consideration of material
on record, fixed the market value at Rs.24,000/- per acre.
Being aggrieved by the judgment and award passed by the
Reference Court, the appellants filed LACA No.116/2015
before the first appellate Court. The first appellate Court,
after hearing both the parties, by the impugned judgment
and award dated 02.12.2015, fixed the market value at
Rs.70,470.40 per acre for dry land. Being dissatisfied with
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the award passed by the first appellate Court, the present
appeal is filed for enhancement of market value.
3. I have heard the learned counsels for the
parties to the lis.
4. The learned counsel for the appellants has
submitted his argument that this Court has awarded
compensation of Rs.1,40,144/- for dry land with all
statutory benefits in MSA No.200027/2016 (LAC) disposed
of on 22.03.2018. The respondents have satisfied this
award amount. This Court, by relying on the said
judgment in MSA No.200027/2016, has also passed an
award in MSA No.200100/2016 dated 20.03.2024 by
awarding compensation of Rs.2,10,216/- per acre for
irrigated land. The land in question and the land involved
in MSA No.200027/2016 are one and the same as to the
fertility and quality. Both the lands are situated in same
taluk which are situated in adjacent village acquired by the
respondents for the purpose of Bennetora project. The
Hon'ble Apex Court in Civil Appeal No.6159/2021 dated
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10.05.2022 in Karnataka Neeravari Nigam Limited vs.
Revappa dead by LRs & Ors., has awarded compensation
of Rs.1,20,814/- to the dry lands pertaining to the village
Harikanchi which are acquired by the respondents under
the notification dated 11.04.1985 for the same project.
The lands in question are acquired under 4(1) notification
dated 30.04.1987. Even if the compensation is calculated
by adding 8% escalation per annum, as awarded by the
Hon'ble Apex Court, the amount would be Rs.1,40,144/-.
Therefore, he sought for fixing the market value at
Rs.1,40,144/- per acre with all statutory benefits.
5. The learned counsels for the respondents have
not disputed the award passed by this Court in MSA
No.200100/2016 and also the judgment of the Hon'ble
Apex Court in Civil Appeal No.6159/2021 dated
10.05.2022. However, learned counsel for respondent
No.3 has submitted that the order passed by this Court in
MSA No.200027/2016 is set aside by the Hon'ble Apex
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Court and the matter is remanded to this Court for
disposal in accordance with law.
6. A careful examination of the judgment passed
by the Hon'ble Apex Court in Civil Appeal No.6159/2021
(referred to supra), the Hon'ble Apex Court has quantified
the compensation at the rate of Rs.1,20,814/-per acre for
dry land to the lands acquired by the respondents which
are situated in Harikanchi village. It is not disputed that
Harikanchi village and Yankanchi village are situated in
same taluk and the same are acquired by the respondents
for same project. The land involved in Civil Appeal
No.6159/2021 was acquired under the notification dated
11.04.1985. The land in question was acquired under the
notification dated 30.04.1987. There is a gap of two years
19 days to the notification dated 30.04.1987.
7. Keeping in mind the several judgments of the
Hon'ble Apex Court particularly the judgment in Jage Ram
vs. Union of India reported in (2017) 13 SCC, and
considering the facts and circumstances of the case, it is
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just and proper to add 8% escalation to the award
quantified by the Hon'ble Apex Court in Civil Appeal
No.6159/2021. If the escalation of 8% per annum is
added to the amount of Rs.1,20,814/- for two years, it
comes to Rs.1,40,144/-. Accordingly, it is just and proper
to fix the market value at Rs.1,40,144/- with all statutory
benefits. Accordingly, I proceed to pass the following:
ORDER
(i) The appeal is partly allowed with
proportionate costs.
(ii) The appellants are entitled for
compensation of Rs.1,40,144/- per acre for
their land in Sy.No.5/Aa measuring 2 acres
17 guntas of Yankanchi village with all
statutory benefits.
(iii) The appellants are not entitled for interest
for the delayed period before this Court as
well as before the first appellate Court.
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(iv) Draw an award accordingly.
Sd/-
JUDGE
SWK
CT-PK
