Karnataka High Court
Shivaraj Deceased By Lrs 1) Mahananda ... vs The Special Land Acquisiton Officer And ... on 19 April, 2024
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NC: 2024:KHC-K:3098
MSA No. 200110 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
MISCL SECOND APPEAL NO.200110 OF 2024
BETWEEN:
SHIVARAJ DECEASED BY LR'S.
1. MAHANANDA W/O SHIVARAJ
AGE: 45 YEARS, OCC: AGRICULTURE
R/O: KHAJIKOTNOOR, TQ: KALABURAGI
DIST: KALABURAGI-585102.
2. VIJAY KUMAR S/O SHIVARAJ
AGE: 28 YEARS,
R/O: KHAJIKOTNOOR, TQ: KALABURAGI
DIST: KALABURAGI-585102.
3. SANTOSH S/O SHIVARAJ
AGE: 23 YEARS,
Digitally signed R/O: KHAJIKOTNOOR, TQ: KALABURAGI
by RAMESH
MATHAPATI DIST: KALABURAGI-585102.
Location: High
Court of
Karnataka 4. SHWETA D/O SHIVARAJ
AGE: 19 YEARS,
R/O: KHAJIKOTNOOR, TQ: KALABURAGI
DIST: KALABURAGI-585102.
...APPELLANTS
(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
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NC: 2024:KHC-K:3098
MSA No. 200110 of 2024
AND:
1. THE SPECIAL LAND ACQUISITON OFFICER
M AND MIP, ROOM NO.7
MINI VIDHANA SOUDHA,
KALABURAGI-585102.
2. DEPUTY COMMISSIONER
MINI VIDHANA SOUDHA
KALABURAGI-585102.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI-AAG AND
SRI. G.B. YADAV-HCGP)
THIS MSA IS FILED UNDER SEC. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD PASSED BY
THE IVTH ADDL. DISTRICT AND SESSIONS JUDGE AT
KALABURAGI, DATED: 14.01.2016 IN LACA NO.98/2011 AND
JUDGMENT AND AWARD PASSED BY PRL. CIVIL JUDGE
(SR.DN.) AT KALABURAGI DATED:04.10.1996 IN LAC
NO.842/1994 AND FIX MARKET VALUE AT THE RATE OF
RS.2,15,800/- PER ACRE AND AWARD ALL STATUTORY
BENEFITS, AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellants have preferred this appeal against the
judgment and award passed by the IV Additional District and
Sessions Judge, Kalaburagi in LACA No. 98 of 2011 dated 14th
January, 2016, seeking enhancement of compensation.
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2. Facts of the case, in brief, that lead to filing of this
appeal, are that the appellants are owners of wet land bearing
survey No.12/1 measuring 07 acre 33 guntas of situate in
Khajikotnoor village, Kalaburagi Taluk and District for the
purpose of Khajikotnoor Tank. The Special Land Acquisition
Officer determined the market value of the land at Rs.10,000/-
per acre of wet land. Aggrieved by the said determination of
market value by the Special Land Acquisition Officer, the
appellant sought reference. Accordingly, the case was referred
to Principal Civil Judge (Sr. Dn.) (for brevity, hereinafter
referred to as the "Reference Court"). The Reference Court
awarded the compensation Rs.30,000/- per acre of wet land.
Being aggrieved by the compensation awarded by the
Reference Court, the appellant preferred appeal before the IV
Additional District Judge, Kalaburagi (for brevity, hereinafter
referred to as the "First Appellate Court"). The First Appellate
Court enhanced the compensation to Rs.1,40,760/- per acre of
wet land. Being not satisfied with the compensation awarded
by the First Appellate Court, the appellant has preferred this
Second Appeal seeking enhancement of compensation.
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3. Sri Harshavardhan R. Malipatil, learned counsel for the
appellant submits that this Court in MSA No.200099 of 2016
disposed of on 20th March, 2024, has determined the
compensation at Rs.2,15,800/- per acre for wet land.
Accordingly, he sought for enhancement of compensation.
4. Smt Archana P. Tiwari, learned Additional Advocate
General and Sri Gopalakrishna B. Yadav, learned High Court
Government Pleader appearing for the respondent-State, have
not disputed the award passed in MSA No.200099 of 2016.
They have no objection to determine the compensation of
Rs.2,15,800/- per acre for wet land of appellants herein.
5. Perusal of the judgment passed by this Court in MSA
No.200099 of 2016 disposed of on 20th March, 2024, reveals
that this Court has determined the compensation at
Rs.2,15,800/- per acre for wet land with all statutory benefits
which pertains to the land acquired by respondents under 4(1)
notification dated 01st November, 1990. The land in the said
notification situated at Venkatbennur village, Taluk and District
Kalaburagi, which is adjacent to the land of the appellants
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herein which is also acquired for the purpose of construction of
Khajikotnoor Tank for the benefit of common public.
6. In the light of submission made by the learned
Counsel for the appellant and the learned Additional Advocate
General along with the learned High Court Government Pleader
for the State, on the principle of parity, the appellants in this
appeal are also entitled for compensation of Rs.2,15,800/- per
acre of wet land with all statutory benefits. Accordingly, I
proceed to pass the following:
ORDER
1. Appeal is allowed in part with proportionate costs;
2. Judgment and award dated 14th January, 2016
passed in LACA No.98 of 2011 by the First
Appellate Court is modified by awarding the
compensation of Rs.2,15,800/- per acre of wet
land with all statutory benefits;
3. It is made clear that the appellants are not
entitled for interest for the delayed period as per
the Order of this Court, as also for the delayed
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period for preferring the appeal before the First
Appellate Court;
4. The appellants are permitted to pay the deficit
court fee and furnish fresh valuation slip within
eight weeks from today;
5. Registry to draw award accordingly.
Sd/-
JUDGE
LNN
