Karnataka High Court
Veerupaxappa S/O Adiveppa Limbikatti ... vs The State Of Karnataka on 22 April, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-K:3140-DB
MFA.CROB No. 200030 of 2016
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MFA CROSS OBJ NO. 200030 OF 2016 (LAC)
BETWEEN:
1. VEERUPAXAPPA SINCE DECEASED BY LRS.
1(a) SMT. PARVATI
W/O VEERUPAXAPPA LIMBIKAI,
AGE: 64 YEARS, OCCU: HOUSEHOLD,
R/O ASHRAM ROAD, ADARSH NAGAR, VIJAYPUR.
1(b) UMESH
S/O VEERUPAXAPPA LIMBIKAI,
AGE:38 YEARS, OCCU: HOUSEHOLD,
Digitally signed R/O ASHRAM ROAD, ADARSH NAGAR, VIJAYPUR.
by VARSHA N
RASALKAR
Location: HIGH 1(c) MUTTU
COURT OF
KARNATAKA D/O VEERUPAXAPPA LIMBIKAI,
AGE:39 YEARS, OCCU: HOUSEHOLD,
R/O ASHRAM ROAD, ADARSH NAGAR, VIJAYPUR.
1(d) SHOBHA
W/O SRISHAIL KAVATTAGI,
AGE:35 YEARS, OCCU: HOUSEHOLD,
R/O ASHRAM ROAD, ADARSH NAGAR, VIJAYPUR.
2 SANGAPPA,
S/O ADIVEPPA LIMBIKAI,
AGE: MAJOR, OCC. AGRICULTURE,
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NC: 2024:KHC-K:3140-DB
MFA.CROB No. 200030 of 2016
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
2(a) KAMALAMMA
W/O LATE SANGAPPA LIMBIKAI,
AGE: 66 YEARS, OCCU: HOUSEHOLD,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
2(b) ASHOK
S/O LATE SANGAPPA LIMBIKAI,
AGE: 55 YEARS, OCCU: AGRICULTURE,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
2(c) VIJAYAKUMAR
S/O LATE SANGAPPA LIMBIKAI,
AGE: 50 YEARS, OCCU: AGRICULTURE,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
2(d) RAMESH
S/O LATE SANGAPPA LIMBIKAI,
AGE: 45 YEARS, OCCU: AGRICULTURE,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
2(e) AMBAKKA
W/O GUNDAPPA DARGA,
AGE: 38 YEARS, OCCU: HOUSEHOLD,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
2(f) SUVARNA
W/O GURUPADAPPA KODAGI,
AGE: 30 YEARS, OCCU: HOUSEHOLD,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
3 SIDDAGOND,
S/O ADIVEPPA LIMBIKAI,
SINCE DEASED BY LRS:
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NC: 2024:KHC-K:3140-DB
MFA.CROB No. 200030 of 2016
3(a) SHIVANANDAPPA SIDDAPPA LIMBIKAI,
AGE: 54 YEARS, OCC. AGRICULTURE,
R/O KOLHAR VILLAGE,
Q. BASAVANA BAGEWADI.
3(b) SHRISHAIL SIDDAPPA LIMBIKAI,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
3(c) MALLIKARJUN SIDDAPPA LIMBIKAI,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
3(d) SMT. DRAKSHYANI,
W/O VILAS SARWAD,
AGE: 44 YEARS, OCC: HOUSEHOLD,
R/O KOLHAR VILlAGE,
TQ. BASAVANA BAGEWADI.
3(e) SRI. SUDHAKAR SIDDAPPA LIMBIKAI,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
3(f) SMT. DUNDAVVA,
W/O IRAPPA LIMBIKAI,
AGE:52 YEARS, OCC. HOUSEHOLD,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
3(g) SMT. JAYASHREE W/O IRAPPA LIMBIKAI,
AGE: 31 YEARS, OCC: HOUSEHOLD,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
3(h) SHR. MANJUNATH S/O IRAPA LIMBIKAI,
AGE:29 YEARS, OCC. AGRICULTUR,
R/O KOLHAR VILlAGE,
TQ. BASAVANA BAGEWADI.
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NC: 2024:KHC-K:3140-DB
MFA.CROB No. 200030 of 2016
3(i) AVINASH SHRIKANTHY LIMBIKAI,
AGE: 24 YEARS, OCC: AGRICULTURE,
R/O KOLHAR VILLAGE,
TQ. BASAVANA BAGEWADI.
...CROSS OBJECTORS
(BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT,
ALMATTI.
...RESPONDENT
(BY SRI. MALLIKARJUN C. BASAREDDY, GA)
THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF
CPC, PRAYING TO ALLOW THIS CROSS APPEAL WITH COSTS
AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE
SENIOR CIVIL JUDGE, BASAVANA BAGEWADI DATED:
15.12.2012 IN LAC NO.99/2012 AND FIX MARKET VALUE FOR
LAND ACQUIRED AT THE RATE OF RS.3,20,000/- PER ACRE
AND AWARD ALL STATUTORY BENEFITS, INCLUDING INTEREST
FROM THE DATE OF 4(1) NOTIFICATION ON ENTIRE
COMPENSATION AMOUNT AND GRANT ANY OTHER RELIEF,
WHICH THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS CROSS OBJECTION, COMING ON FOR FINAL
HEARING, THIS DAY H.T.NARENDRA PRASAD J., DELIVERED
THE FOLLOWING:
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MFA.CROB No. 200030 of 2016
JUDGMENT
This cross objection is filed by the claimants-land
losers challenging the judgment and award dated
15.12.2012 passed by the Senior Civil Judge, Basavana
Bagewadi ('Reference Court' for short) in LAC No.99/2012,
whereby the award passed by the Reference Court has
been enhanced to Rs.2,00,000/- with consequential
benefits.
2. The cross objectors are the owners of land
bearing Sy.Nos.374/2, 374/3 and 374/4 measuring 2
acres 9 guntas, 2 acres 2 guntas and 1 acre 37 guntas,
total measuring 6 acres 8 guntas situated at Kolhar
village, Basavana Bagewadi Taluka has been acquired by
the respondents for Upper Krishna Project by notification
dated 11.02.1999.
3. The Special Land Acquisition Officer has passed
an award fixing Rs.23,566/- per acre. Being aggrieved by
the same, the cross objectors have filed an application
under Section 18 of the Land Acquisition Act, seeking for
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reference. The Reference Court in LAC No.99/2012 by
order dated 15.12.2012 has enhanced the compensation
from Rs.23,566/- per acre to Rs.2,00,000/- per acre.
Being aggrieved by the same and for further
enhancement, the cross objectors are before this Court.
4. Sri. Harshavardhan R. Malipatil, learned counsel
appearing for the cross objectors has contended that in
respect of the same notification dated 11.02.1999, the
land losers, have filed a reference application in LAC
No.103/2012. The Addl. Senior Civil Judge & JMFC,
Basavana Bagewadi by order dated 27.09.2018 has
enhanced the compensation amount from Rs.23,566/- to
Rs.3,68,000/- per acre with consequential benefits. The
same has not been challenged by the State Government.
Pursuant to that order, they have paid the enhanced
compensation to the land loser. This aspect has not been
disputed by the learned Government Advocate but he has
contended that in the prayer cross objectors have sought
for enhancement only Rs.3,20,000/-.
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5. Since in respect of very same notification dated
11.02.1999, in the same village the land which has been
acquired for very same purpose i.e. Upper Krishna Project
in respect of Sy.No.467/1 the Reference Court in LAC
No.103/2012 on 27.09.2018 has enhanced the
compensation awarded by the Land Acquisition Officer
from Rs.23,566/- to Rs.3,68,000/-.
6. In view of the above, we pass the following:
ORDER
(i) The cross objection is allowed with costs.
(ii) The award passed by the Reference
Court in LAC No.99/2012 is modified.
(iii) The award passed by the Special Land
Acquisition Officer awarding Rs.23,566/-
per acre is enhanced to Rs.3,68,000/-
per acre with all consequential benefits.
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(iv) Eight weeks time is granted to pay
deficit Court fee.
Sd/-
JUDGE
Sd/-
JUDGE
SDU
CT;BN
