Karnataka High Court
Apparao Deceased By Lrs Sharanamma vs The Special Land Acquisiton Officer And ... on 19 April, 2024
-1-
NC: 2024:KHC-K:3100
MSA No. 200109 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. 200109 OF 2024 (LAC)
BETWEEN:
APPARAO DECEASED BY LR'S.
SHARANAMMA W/O APPARAO
AGE: 76 YEARS, OCC: AGRICULTURE
R/O: KHAJIKOTNOOR, TQ: KALABURAGI,
DIST: KALABURAGI-585102.
...APPELLANT
(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITON OFFICER
M AND MIP, ROOM NO.7,
Digitally signed MINI VIDHANA SOUDHA,
by RAMESH
MATHAPATI KALABURAGI-585102.
Location: High
Court of
Karnataka 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 OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL WITH
COSTS AND MODIFY THE JUDGMENT AND AWARD PASSED BY
THE IVTH ADDL. DISTRICT JUDGE AT KALABURAGI, DATED:
-2-
NC: 2024:KHC-K:3100
MSA No. 200109 of 2024
14.01.2016 IN LACA NO.97/2011 AND JUDGMENT AND AWARD
PASSED BY PRL. CIVIL JUDGE AT KALABURAGI, DATED;
04.10.1996 IN LAC NO.123/1994 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
The appellant has preferred this appeal against the
judgment and award passed by the IV Additional District and
Sessions Judge, Kalaburagi in LACA No. 97 of 2011 dated 14th
January, 2016 seeking enhancement of compensation.
2. Facts of the case, in brief, that lead to filing of this
appeal, are that the appellant is the owner of wet land bearing
survey No.14/5 measuring 36 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
NC: 2024:KHC-K:3100
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.
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 the wet land of appellant herein.
NC: 2024:KHC-K:3100
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 appellant 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 appellant in this
appeal is 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;
NC: 2024:KHC-K:3100
2. Judgment and award dated 14th January, 2016
passed in LACA No.97 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 appellant is not entitled
for interest for the delayed period as per the Order
of this Court, as also for the delayed period for
preferring the appeal before the First Appellate
Court;
4. The appellant is 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
