Karnataka High Court
Umakant Patil vs The Spl.Land Acquisition Officer And ... on 5 April, 2024
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MSA No. 200231 of 2018
C/W MSA No. 200232 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
MISCL SECOND APPEAL NO.200231 OF 2018 (LACA)
C/W
MISCL SECOND APPEAL NO.200232 OF 2018(LACA)
IN MSA NO. 200231/2018:-
BETWEEN:
GOURISHANKAR
SINCE DECEASED BY LRS
1. NIRMALABAI W/O GOAURISHANKAR
AGE: 64 YEARS OCC: HOUSEHOLD
R/O: KERUR, TQ:ALAND,
DIST: KALABURAGI.
2. RAJASHEKHAR S/O GOURISHANKAR
DECEASED BY LR'S.
Digitally signed
by RAMESH
MATHAPATI 2(a) JAYASHREE W/O RAJASHEKHAR PATIL
Location: High AGE: 37 YEARS, OCC: HOUSEHOLD
Court of
Karnataka R/O: KERUR, TQ:ALAND,
DIST: KALABURAGI.
3. ULLAS S/O GOURISHANKAR
AGE: 36 YEARS, OCC: AGRICULTURE
R/O: KERUR, TQ:ALAND,
DIST: KALABURAGI.
...APPELLANTS
(BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE)
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MSA No. 200231 of 2018
C/W MSA No. 200232 of 2018
AND:
THE SPL.LAND, ACQUSITION OFFICER
M & MIP,
KALABURAGI -585102.
...RESPONDENT
(BY SMT. ARCHANA P. TIWARI, AAG AND
SRI. GOPALKRISHNA 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
SENIOR CIVIL JUDGE, ALAND DATED 29.03.2006 IN LAC
NO.357 of 2003 AND ALSO JUDGMENT AND AWARD OF III
ADDL. DIST. JUDGE AT KALALBURAGI DATED 27.10.2014 IN
LACA NO.88 OF 2012 AND FIX MARKET VALUE AT THE RATE
OF RS.50,000/- PER ACRE AND AWARD ALL STATUTORY
BENEFITS. AND ETC.
IN MSA NO. 200232/2018:-
BETWEEN:
UMAKANT PATIL
S/O CHANNAPPA PATIL,
AGE: 61 YEARS
OCC: AGRICULTURE,
R/O: KERUR,
TQ:ALAND,
DIST: KALABURAGI.
...APPELLANT
(BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE)
AND:
1. THE SPL.LAND, ACQUSITION OFFICER
M & MIP,
KALABURAGI -585102
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MSA No. 200231 of 2018
C/W MSA No. 200232 of 2018
2. THE DEPURTY COMMISSIONER,
KALABURAGI-585102.
...RESPONDENTS
(BY SMT. ARCHANA P. TIWARI, AAG AND
SRI. GOPALKRISHNA 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
SENIOR CIVIL JUDGE (SR.DN.), ALAND DATED 08.03.2006 IN
LAC NO.356 of 2003 AND ALSO JUDGMENT AND AWARD OF III
ADDL. DIST. JUDGE AT KALALBURAGI DATED 14.10.2014 IN
LACA NO.87 OF 2012 AND FIX MARKET VALUE AT THE RATE OF
RS.50,000/- PER ACRE AND AWARD ALL STATUTORY
BENEFITS. AND ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Miscellaneous Second Appeal 200231 of 2018 is preferred
against the judgment and award dated 27th October, 2014
passed in LACA No.88 and Miscellaneous Second Appeal
No.200232 of 2018 is preferred against the judgment and
award dated 14th October, 2014 passed in LACA No.87 of 2012
both on the file of III Additional District Judge at Gulbarga.
2. The appellant in MSA No.2000231 of 2018 are the
owners of land bearing Survey No.82/1/4 measuring 10 acre 29
guntas; and the appellant in MSA No.200232 of 2018 is the
owner of the land in Survey No.82/2 measuring 2 acre 32
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guntas situate at Kerur village, Aland Taluk, Kalaburagi District
which were acquired by the respondents vide issuance of
Preliminary Notification dated 10th January, 1982 under Section
4(1) of the Land Acquisition Act, 1894 for the purpose of
construction of minor irrigation tank.
3. Sri Harshavardhan R. Malipatil, learned counsel for
the appellant submits that the lands bearing Sy.No.82/1/4 and
82/2 of Kerur village are acquired by the respondents for the
purpose of construction of Minor Irrigation Tank vide issuance
of Preliminary Notification dated 10th January, 1982 under
Section 4(1) of the Land Acquisition Act, 1894. The Special
Land Acquisition Officer has passed an award determining the
market value at Rs.9,000/- per acre. Upon reference, the
Reference Court awarded compensation at Rs.11,740/- per
acre. As against this, the appeal was filed in LACA No.88/2012
and 87 of 2012 on the file of the III Additional District Judge at
Kalaburagi. The First Appellate Court has enhanced the
compensation to Rs.24,160/- per acre as against Rs.11,740/-
awarded by the Reference Court. Learned Counsel for the
appellants further submits that the III Additional District Judge
at Kalaburagi vide Judgment and Award dated 18th February,
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2017 passed in LACA No.228/2016 has awarded compensation
at Rs.1,04,254/- per acre to the land situated in Kerur village,
Aland taluk which was acquired by the respondent under 4(1)
notification dated 24th December, 1981 for construction of
Navanihal tank. The 4(1) notification pertaining to the case on
hand is dated 10th January, 1982, i.e. within 16 days from the
date of notification which pertains to LACA No.228/2016, the
notification in the present Second Appeals is published. Upon
considering the materials placed, the First Appellate Court has
determined the compensation at Rs.1,04,254/- per acre with all
statutory benefits. Same is not challenged and the
respondents have already satisfied the award passed by the
First Appellate Court. The learned counsel submits that lands
involved in these appeals also situate in Kerur village of Aland
Taluk, Kalaburagi District and are acquired by the respondents
for the same purpose. Thus, relying on this judgment and
award dated 18th February, 2017 passed in LACA No.228 of
2016 by the III Additional District Judge, Kalaburagi sought for
enhancement of compensation.
4. Smt. Archana P. Tiwari, learned Additional Advocate
General appearing along with Sri Gopalakishna B. Yadav,
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learned High Court Government Pleader, do not dispute the
judgment and award dated 18th February, 2017 passed in LACA
No.228 of 2016 by the III Additional District Judge, Kalaburagi
and submit that the respondents have satisfied the said award.
5. In view of the joint submission made by the learned
counsel appearing for the appellants so also the submission
made by the learned Additional Advocate General that III
Additional District Judge, Kalaburagi by its judgment and award
dated 18th February, 2017 passed in LACA No.228 of 2016 has
enhanced the compensation to Rs.1,04,254/- per acre with all
statutory benefits; which pertains the lands situated in Kerur
Village of Aland Taluk, Kalaburagi District acquired for the
purpose of construction of Navanihal Taluk under Notification
dated 24th December, 1981, so also, in view of the fact that the
lands in the case on hand also situate in Kerur village which are
acquired for the purpose of construction of tank, vide
preliminary notification dated 10th January, 1982 which is within
16 days gap from the date of notification dated 24th December
1981 in the case of lands acquired in LACA No.228 of 2016, the
appellants in these appeals are also entitled for compensation
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of Rs.1,04,254/- per acre with all statutory benefits. For the
aforestated reasons, I proceed to pass the following:
ORDER
1. Appeals are allowed in part with costs;
2. Judgment and award dated 27th October, 2014
passed in LACA No.88 and the judgment and
award dated 14th October, 2014 passed in
LACA No.87 of 2012 both on the file of III
Additional District Judge at Gulbarga is
modified holding that the appellants are
entitled for compensation of Rs.1,04.254/- per
acre, with all statutory benefits;
3. Respondents are directed to deposit the award
amount before the Reference Court within
ninety days from the date of award;
4. Appellants are directed to pay the deficit court
fee, if any, along with fresh valuation slip as
per award of this Court, within eight weeks
from today;
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5. It is made clear that the appellants are not
entitled for any interest for the delayed period;
6. Registry to draw separate awards accordingly.
Sd/-
JUDGE
LNN
