Karnataka High Court
Shivappa S/O Ayyappa By L.Rs vs The Special Land Acquisition Officer ... on 2 August, 2024
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NC: 2024:KHC-K:5624
MSA No. 200214 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCL SECOND APPEAL NO.200214 OF 2018 (LA)
BETWEEN:
SHIVAPPA S/O AYYAPPA BY L.RS,
1. BEERANNA S/O LATE SHIVAPPA,
AGE: 53 YEARS, OCC: AGRICULTURE.
2. NAGAPPA S/O AYYAPPA,
AGE: 73 YEARS, OCC: AGRICULTURE.
3. MAHADEVAPPA S/O AYYAPPA,
AGE: 58 YEARS, OCC: AGRICULTURE,
ALL R/O ALLOLI VILLAGE,
Digitally signed
by RENUKA TQ. CHITTAPUR,
Location: HIGH DIST. KALABURAGI-585101.
COURT OF
KARNATAKA
...APPELLANTS
(BY SRI S.S. SAJJANSHETTY, ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER,
M & MIP, MINI VIDHAN SOUDHA,
KALABURAGI-585101.
2. THE CHIEF ENGINEER, M.I. NORTH ZONE,
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MSA No. 200214 of 2018
BIJAPUR, DIST. VIJAYAPURA.
3. THE EXECUTIVE ENGINEER,
MI DIVISION, KALABURAGI-586101.
4. THE DEPUTY COMMISSIONER,
MINI VIDHAN SOUDHA,
KALABURAGI-585101.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 TO R4)
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) OF LAND ACQUISITION ACT, 1894, PRAYING
TO MODIFY THE JUDGMENT AND AWARD DATED 14.10.2015,
PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT KALABURAGI IN LAC-APPEAL NO.95/2015, VIDE
ANNEXURE-A AND PLEASED TO MODIFY BY ALLOWING THE
APPEAL BY ENHANCING THE COMPENSATION AT RS.1,82,262/-
PER ACRE DRY LAND FROM RS.1,10,400/- PER ACRE AS
AWARDED BY THE LOWER APPELLATE COURT, AND PRAYED TO
AWARD MORE BY PERMITTING TO PAY DCF IN THE EVENT OF
DISPOSAL, WITH ALL STATUTORY BENEFITS, INTEREST, AND
WITH COST.
THIS APPEAL, COMING ON FOR ARGUMENTS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH
HEGDE
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MSA No. 200214 of 2018
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Heard learned counsel for the appellants and learned
High Court Government Pleader appearing for the
respondents.
2. The appellants before this Court are the land
losers. The appellants' land which is dry agricultural land
situated in Allolli village, Chittapur Taluka was acquired in
terms of the notification dated 02.01.1994. The Special
Land Acquisition Officer awarded Rs.11,000/- per acre as
market value. The claimants sought reference. The
Reference Court awarded Rs.31,400/- per acre. The
claimants also filed miscellaneous first appeal. The first
Appellate Court was awarded Rs.1,10,400/- per acre as
market value.
3. Learned counsel appearing for the appellants
would contend that in respect of the land acquired under
the same notification pertaining to neighboring village,
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having similar characteristics, this Court in Miscellaneous
Second Appeal No.200010/2017, has fixed the market
value at a sum of Rs.1,82,262/- per acre.
4. Learned High Court Government Pleader does
not dispute the submission made by the learned counsel
appearing for the appellants.
5. This Court has perused the aforementioned
judgment in M.S.A. No.200010/2017. In the said case,
the land bearing Sy.No.225 measuring 6 acres 3 guntas in
Kardal village was acquired under the notification dated
02.01.1994. It is submitted by the learned counsel for the
respondents that Kardal village is adjacent to Allolli village
and the lands are similar and market value of the lands in
Kardal village can be equated with the market value of the
lands in Allolli village. Under these circumstances, the
following order is passed:
ORDER
(i) The Miscellaneous Second Appeal is allowed.
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(ii) The impugned awards passed by the Reference
Court as well as the first Appellate Court are
modified.
(iii) The market value of the land acquired is fixed
at a sum of Rs.1,82,262/- per acre. The
appellants are also entitled to consequential
benefits.
(iv) The appellants are not entitled to interest for
the period of delay in filing the appeal.
(v) The appellants are also entitled to proportionate
cost.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RSP
CT:PK
