Karnataka High Court
Belgaum Urban Development Authority vs Sri.Ramakrishna on 7 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MFA NO.22608/2013 (LAC)
C/W
MFA NOS.22520, 22521, 22522, 22523, 22524, 22851 OF
2013, MFA NOS.100776, 101064 OF 2014, MFA NOS.102437,
102438, 102439, 102440, 102441, 102442, 102444 OF 2016,
MFA NOS.101395, 101915, 101916, 101917, 101918,
101919, 101920 OF 2017, MFA NOS.101929, 102674, 102947
OF 2018, MFA NOS. 101428, 105172, 105173, 105175,
102329 OF 2022, MFA CROB NOS. 100111, 100112 OF 2018,
Digitally signed
MFA CROB NOS.100080, 100085 OF 2019, MFA CROB
by JAGADISH T
R NOS.100052, 100054, 100138 OF 2022
Location: High
Court of
Karnataka
Dharwad Bench IN MFA NO.22608 OF 2013
BETWEEN
SRI. NAGESH RAJARAM KAREKAR,
S/O. KAREKAR, AGE MAJOR,
R/O. RUNANUBANDHA SWAMY VIVEKANANDA
NAGAR, TILAKWADI, DIST: BELGAUM.
...APPELLANT
(BY SMT. V. VIDYA, ADVOCATE)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM.
2. BELGAUM URBAN DEVELOPMETN AUTHORITY,
BELGAUM, ASHOK NAGAR, BELGAUM,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
2
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI. M. A. HULYAL, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1984, PRAYING
TO ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD
DTD: 28.03.2013 PASSED IN LAC.NO.5/2007 BY THE II
ADDITIONAL SENIOR CIVIL JUDGE, BELGAUM, AND AWARD
COMPENSATION AT THE RATE OF RS. 1,00,000/- PER GUNTA WITH
ADDITIONAL BENEFITS AND ETC
IN MFA NO. 22520 OF 2013
BETWEEN
1. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM.
2. BELAGAVI URBAN DEVELOPMENT AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
SRI. NAGESH S/O. RAJARAM KAREKAR,
RESIDENT OF "RUNANUBANDHA",
SWAMI VIVEKANAND NAGAR,
TILAKWADI, BELGAUM.
...RESPONDENT
(BY SMT. V. VIDYA, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1984, CALL FOR
RECORDS IN LAC NO.5/2007 ON THE FILE OF THE LEARNED II
ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ALLOW THIS APPEAL
AND SET ASIDE THE JUDGMENT AND AWARD DATED 28.03.2013
PASSED IN LAC NO.5/2007 BY THE LEARNED II ADDL. SENIOR
CIVIL JUDGE, BELGAUM AND ETC.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
3
IN MFA NO. 22521 OF 2013
BETWEEN
1. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY, BELGAUM.
2. BELGAUM URBAN DEVELOPMENT AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SRI. SALIM AHMED S/O. ISAQ MADIWALE
AGE: 45 YEARS,OCC: AGRICULTURE,
R/O. 3968/3, KAKATIVES GALLI, BELGAUM.
2. RAJESAB S/O. ISAQ MADIWALE,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. 3968/3, KAKATIVES GALLI, BELGAUM.
3. SMT. RIZWANA W/O. FAROOQ AHMED MADIWALE,
AGE : 45 YEARS, OCC: HOUSEHOLD WORK,
R/O. CTS NO.3691/C, KAKATIVES GALLI, BELGAUM.
4. MISS. AFREEN D/O. FAROOQ AHMED MADIWALE,
AGE: 27 YEARS, OCC: HOUSEHOLD WORK,
R/O. CTS NO.3691/C, KAKATIVES GALLI, BELGAUM.
5. SMT. JASMINE W/O. WASIM MAKANDAR,
AGE : 26 YEARS, OCC: HOUSEHOLD WORK,
R/O. CTS NO.3960/C, KAKATIVES GALLI, BELGAUM.
6. MR. NOHID AHMED FAROOQ AHMED MADIWALE,
AGE: 24 YEARS, OCC: STUDENT,
R/O. CTS NO.3691/C, KAKATIVES GALLI, BELGAUM.
7. MISS. ZIYANA FAROOQ AHMED MADIWALE,
AGE: 19 YEARS, OCC: STUDENT,
R/O. CTS NO.3691/C, KAKATIVES GALLI, BELGAUM.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
4
8. SMT. AMINABI W/O. ABDUL RASHID MADIWALE,
AGE: 58 YEARS, OCC: HOUSEHOLD WORK,
R/O. CTS NO.3691/C, KAKATIVES GALLI, BELGAUM.
RESPONDENTS
(BY P. V. SAMBARGI, ADV. FOR R1 & R2)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.6/2007 ON THE FILE OF THE
LEARNED II ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
28.03.2013 PASSED IN LAC NO.6/2007 BY THE LEARNED II ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO. 22522 OF 2013
BETWEEN
1. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAVI URBAN DEVELOPMENT
AUTHORITY, BELGUAM.
2. BELGAUM URBAN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. KALLAPPA S/O. HANAMANT PAVASKAR,
SINCE DECEASED BY HIS LR'S.
1A. SMT. LAXMI KALLAPPA PAWASHE
AGE 65 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
1B. SMT. SUJATA W/O. SHIVAJI PATIL,
AGE 46 YEARS, OCC. HOUSEHOLD,
R/O. KANGRALI K.H, TQ AND DIST. BELAGAVI.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
5
1C. SHRI. SOMANATH KALLAPPA PAWASHE,
AGE 45 YEARS, OCC. PVT. SERVICE,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
1D. SMT. RESHMA CHANDRAKANT KEDAR,
AGE 40 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
1E. SMT. ANJANA RAJU NESARKAR,
AGE 36 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
2. GUNDU S/O. HANAMANT PAVASKAR,
SINCE DECEASED BY HIS LR'S.
2A. SMT. YALLU GUNDU PAWASHE,
AGE 68 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
2B. SMT. VAJATA YASHWANT KUNDEKAR,
AGE 45 YEARS, OCC. HOUSEHOLD,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
2C. SMT. SUJATA SATERI SHINDE,
AGE 41 YEARS, OCC. HOUSEHOLD,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
2D. SMT. POOJA LAXMAN NAVAGEKAR,
AGE 39 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
2E. SHRI. PARASHARAM GUNDU PAWASHE,
AGE 36 YEARS, OCC. AGRICULTURE,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
2F. SHRI. SHANKAR GUNDU PAWASHE
AGE 34 YEARS, OCC. AGRICULTURE,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
3. RAMACHANDRA S/O. HANAMANT PAVASKAR,
AGE YEARS, OCC: AGRICULTURE,
R/O: KANGRALI K. H, BELGAUM.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
6
4. MASNU S/O. HANAMANT PAVASKAR,
AGE: YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELGAUM.
RESPONDENTS
(BY SRI MRUTYUNJAYA TATA BANGI, ADV. FOR R1A TO R1E,
R2A TO R2F, R3 & R4)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.7/2007 ON THE FILE OF THE
LEARNED II ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
28.03.2013 PASSED IN LAC NO.7/2007 BY THE LEARNED II ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO. 22523 OF 2013
BETWEEN
1. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT
AUTHORITY, BELGAUM.
2. BELGAUM URBAN DEVELOPMENT AUTHORITY
REPTD. BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. NARAYAN S/O. DUNDAPPA PAVASKAR,
AGE: MAJOR, OOC: AGRICULTURE,
R/O. KANGRALI K. H, BELGAUM.
2. GANGARAM S/O. DUNDAPPA PAVASKAR,
AGE MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELGAUM.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
7
3. SMT. BALEKUNDRI RUKMINI VAIJU,
AGE MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELGAUM.
4. SOMANACHE YASHODA RAMA
AGE MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELGAUM.
5. SAYNAK LAXMI SAHADEV
AGE MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELGAUM.
6. REKDAR SHANKAR VISHNU
AGE MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELGAUM.
...RESPONDENTS
(BY SRI MRUTYUNJAYA TATA BANGI, ADV. FOR R1 AND R2;
NOTICE TO R5 & R6 SERVED)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.8/2007 ON THE FILE OF THE
LEARNED II ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
28.03.2013 PASSED IN LAC NO.8/2007 BY THE LEARNED II ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO.22524 OF 2013
BETWEEN
1. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM.
2. BELGAUM URBAN DEVELOPMENT AUTHORITY
REPTD. BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. NARAYAN S/O. DUNDAPPA PAVASKAR,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
8
AGE. MAJOR, OCC. AGRICULTURE,
RESIDENT OF KANGRALI K.H. BELAGAVI.
2. GANGARAM S/O. DUNDAPPA PAVASKAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K H, BELGAUM.
3. NAGAPPA KHIRU PAVASKAR,
SINCE DECEASED BY HIS LR'S
3A. SMT. KALPANA D/O. NAGAPPA PAVASKAR @ PAWASHE,
AGE. 53 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K.H. TQ AND DIST. BELAGAVI.
3B. SMT. LAXMI D/O. NAGAPPA PAVASKAR @ PAWASHE,
AGE. 50 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K.H. TQ AND DIST. BELAGAVI.
3C. SHRI. YALLAPPA S/O. NAGAPPA PAVASKAR @ PAWASHE,
AGE. 48 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ. AND DIST. BELAGAVI.
3D. SMT. REKHA W/O. KESHAV GAWADE,
AGE. 45 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ AND DIST.BELAGAVI.
4. MARUTI KHIRU PAVASKAR
SINCE DECEASED BY HIS LR'S.
4A. SMT. KANTA W/O. MARUTI PAVASKAR @ PAWASHE,
AGE. 62 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ AND DIST.BELAGAVI.
4B. SHRI. YALLAPPA S/O. MARUTI PAVASKAR @ PAWASHE,
AGE. 45 YEARS, OCC. SERVICE,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
4C. SHRI. BABU S/O. MARUTI PAVASKAR @ PAWASHE,
AGE. 38 YEARS, OCC. PVT. SERVICE,
R/O. KANGRALI K. H, TQ. AND DIST. BELAGAVI.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
9
4D. SMT. MILAN D/O. MARUTI PAVASKAR @ PAWASHE,
AGE. 40 YEARS, OCC. HOUSEHOLD WORK,
R/O. KANGRALI K. H, TQ AND DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. MRUTYUNJAYA TATA BANGI, ADV. FOR R1, R2, R3(A-D),
R4(A-D), NOTICE TO R5 & R6 SERVED)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.9/2007 ON THE FILE OF THE
LEARNED II ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
28.03.2013 PASSED IN LAC NO.9/2007 BY THE LEARNED II ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO. 22851 OF 2013
BETWEEN
1. SHRI. SALIM AHMED S/O. MOHAMED ISAQ MADIWALE,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: H.NO. 3968/3, KAKTIVES GALLI,
BELGAUM, DIST: BELGAUM.
2. SHRI. RAJESAB S/O. MOHAMED ISAQ MADIWALE,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: H.NO. 3968/3, KAKTIVES GALLI,
BELGAUM, DIST: BELGAUM.
3. SMT. RIZAWANA W/O. FAROOQ AHMED MADIWALE,
AGE: 44 YEARS, OCC: HOUSEHOLD,
R/O: CTS NO. 3961/C, KAKTIVES GALLI,
BELGAUM, DIST: BELGAUM.
4. MISS. AFREEN D/O. FAROOQ AHMED MADIWALE,
AGE: 26 YEARS, OCC: HOUSEHOLD,
R/O: CTS NO. 3961/C, KAKTIVES GALLI,
BELGAUM, DIST: BELGAUM.
5. SMT. JASMINE W/O. WASIM MAKANDAR,
AGE: 25 YEARS, OCC: HOUSEHOLD,
R/O: CTS NO. 3960/C, KAKTIVES GALLI,
BELGAUM, DIST: BELGAUM.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
10
6. MR. NOHID AHMED S/O. FAROOQ AHMED MADIWALE,
AGE: 21 YEARS, OCC: STUDENT,
R/O: CTS NO. 3961/C, KAKTIVES GALLI,
BELGAUM, DIST: BELGAUM.
7. MISS. ZIYANA D/O. FAROOQ AHMED MADIWALE,
AGE: 18 YEARS, OCC: STUDENT,
R/O. CTS NO. 3961/C, KAKTIVES GALLI,
BELGAUM, DIST: BELGAUM.
8. SMT. AMINABI W/O. ABDUL RASHID MADIWALE,
AGE: 57 YEARS, OCC: HOUSEHOLD,
R/O. CTS NO. 3961/C, KAKTIVES GALLI,
BELGAUM, DIST: BELGAUM.
...APPELLANTS
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND
THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT
AUTHORITY, BELGAUM.
...RESPONDENTS
(BY SRI. M. A. HULYAL, ADV. FOR R1)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO MODIFY THE JUDGMENT AND AWARD IN L.A.C. NO.06/2007
DATED 28.03.2013 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE
BELGAUM ENHANCING THE MARKET VALUE AT RS.80,000/- PER
GUNTA ALONG WITH STATUTORY BENEFITS WITH COST BY
ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE.
IN MFA NO. 100776 OF 2014
BETWEEN
1. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT
AUTHORITY, BELGAUM-590016.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
11
2. THE BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, BY ITS COMMISSIONER,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SMT. BIBI AYESHA D/O. ABDUL SATTAR MADIWALE,
SINCE DECEASED BY HER LRS
I.E. RESPONDENT NO.2 TO 4.
2. SMT. HASEENA D/O. ABDUL SATTAR MADIWALE,
AGE: MAJOR, OCC: AGRICULTURE,
RESIDENT OF 3963, KAKATIVES GALLI,
BELGAUM-590001.
3. SMT. ABEEDA D/O. ABDUL SATTAR MADIWALE,
AGE: MAJOR, OCC: AGRICULTURE,
RESIDENT OF 3963, KAKATIVES GALLI,
BELGAUM-590001.
4. SMT. SHAKIRA D/O. ABDUL SATTAR MADIWALE,
AGE: MAJOR, OCC: AGRICULTURE,
RESIDENT OF 3963, KAKATIVES GALLI,
BELGAUM-590001.
...RESPONDENTS
(BY SRI. Y. LAKSHMIKANT REDDY, ADV. FOR R2 TO R4)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.18/2007 ON THE FILE OF THE
LEARNED II ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
23.10.2013 PASSED IN LAC NO.18/2007 BY THE LEARNED II ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO 101064 OF 2014
BETWEEN
BIBI AYESHA
SINCE DECEASED,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
12
REPRESENTED BY HER LR'S.
1. HASEENA D/O. ABDUL SATTAR MADIWALE,
AGE: 51 YEARS.
2. ABEEDA D/O. ABDUL SATTAR MADIWALE,
AGE: 48 YEARS.
3. SHAKIRA D/O. ABDUL SATTAR MADIWALE,
AGE: 45 YEARS, ALL ARE R/O: H.NO.3963,
KAKATIVES GALLI, BELGAUM.
...APPELLANTS
(BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND
1. SLAO, BELGAUM URBAND EVELOPMENT
AUTHORITY, BELGAUM.
2. BELGAUM URBAN DEPARTMENT AUTHORITY,
BELGAUM, ASHOK NAGAR, BELGAUM,
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI. M. A. HULYAL, ADV. FOR R1 & R2)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO ALLOW THIS MISCELLANEOUS FIRST APPEAL AND
CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DTD
23.10.2013, PASSEDBY THE PRL. SENIOR CIVIL JUDGE BELGAUM
AT BELGAUM IN LAC NO.18/2007 BY ENHANCING THE
COMPENSATION, ALONG WITH ALL STATUTORY BENEFITS AS PER
THE LAW, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 102437 OF 2016
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELGAUM.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
13
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SMT. GOUSEBI MAINUDDIN MADIWALE,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O. CLUB ROAD, BELAGAVI-590001.
2. SMT. RAJIYA MAINUDDIN MADIWALE,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O. CLUB ROAD, BELAGAVI-590001.
3. SMT. RAFIYA MAINUDDIN MADIWALE,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O. CLUB ROAD, BELAGAVI-590001.
4. SHRI AZIM MAINDDUIN MADIWALE,
AGE: MAJOR, OCC: BUSINESS,
R/O. CLUB ROAD, BELAGAVI-590001.
5. SHRI NAZIM MAINUDDIN MADIWALE,
AGE: MAJOR, OCC: BUSINESS,
R/O. CLUB ROAD, BELGAUM-590001.
...RESPONDENTS
(BY SRI. SANGRAM KULKARNI, ADV. FOR R1 TO R5)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.28/2012 ON THE FILE OF THE
LEARNED I ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
26.04.2016 PASSED IN LAC NO.28/2012 BY THE LEARNED I ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO 102438 OF 2016
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
14
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELAGAVI.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SMT. PARVIN MANSUR DEVALAPUR,
AGE: 47 YEARS, OCC: HOUSEHOLD,
R/O: HIREBAGEWADI,
TAL AND DIST: BELAGAVI.
2. SRI. MOHAMMAD ALI MADARSAB MANNUR,
AGE: 45 YEARS, OCC: SERVICE,
R/O: H.NO.243, TANAJI GALLI,
MAJAGAON, TAL AND DIST: BELGAUM.
3. SRI. AIJAZ MADARSAB MANNUR,
AGE: 43 YEARS, OCC: SERVICE,
R/O: H.NO.243, TANAJI GALLI,
MAJAGAON, TAL AND DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. SANGRAM KULKARNI, ADV. FOR R1 TO R3)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.26/2012 ON THE FILE OF THE
LEARNED I ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
26.04.2016 PASSED IN LAC NO.26/2012 BY THE LEARNED I ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO. 102439 OF 2016
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS
COMMISSIONER, ASHOK NAGAR, BELGAUM.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
15
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SMT. SHAMINABANU AMANULLA MADIWALE,
AGE 67 YEARS, OCC: HOUSEHOLD,
R/O. 3935/30, CLUB ROAD,
BELGAUM-590001.
2. MRS. RIZAWANA APPALAL KHALIFA,
AGE 47 YEARS, OCC: HOUSEHOLD,
R/O. 3935/30, CLUB ROAD,
BELGAUM-590001.
3. MR. TAHEER AMANULLA MADIWALE,
AGE 44 YEARS, OCC: BUSINESS,
R/O. 3935/30, CLUB ROAD, BELGAUM-590001.
4. MR. SAMIULLA AMANULLA MADIWALE,
AGE 42 YEARS, OCC: BUSINESS,
R/O. 3935/30, CLUB ROAD,
BELGAUM-590001.
5. MRS. SHABANA ILIYAS KAMATE,
AGE 38 YEARS, OCC: HOUSEHOLD,
R/O. 3935/30, CLUB ROAD,
BELGAUM-590001.
...RESPONDENTS
(BY SRI SANGRAM KULKARNI, ADV. FOR R1 TO R5)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.27/2012 ON THE FILE OF THE
LEARNED I ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
26.04.2016 PASSED IN LAC NO.27/2012 BY THE LEARNED I ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
16
IN MFA NO. 102440 OF 2016
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
SHRI. DASTAGIRSAB MOHAMMEDHASHAM
MADIWALE, AGE 51 YEARS, OCC: HOUSEHOLD,
R/O. CLUB ROAD, BELGAUM-590001.
...RESPONDENT
(BY SRI SANGRAM KULKARNI, ADV. FOR R1)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.29/2012 ON THE FILE OF THE
LEARNED I ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
26.04.2016 PASSED IN LAC NO.29/2012 BY THE LEARNED I ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO 102441 OF 2016
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELGAUM.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM.
...APPELLANT
(BY SRI. M. A. HULYAL, ADVOCATE)
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
17
AND
SMT. ANISABANU MAINUDDIN SHAHA-SAB,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O: 4225, CHANDU GALLI, BELGAUM.
...RESPONDENT
(BY SRI SANGRAM KULKARNI, ADV. FOR R1)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.30/2012 ON THE FILE OF THE
LEARNED I ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
26.04.2016 PASSED IN LAC NO.30/2012 BY THE LEARNED I ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO 102442 OF 2016
BETWEEN
BELGAUM URBAN DEVELOPMENT AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI-590016.
...APPELLANT
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SRI. RAMAKRISHNA KHIROJI SAMBREKAR,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K. H,
TAL AND DIST: BELAGAVI-590001.
2. SRI. SADASHIV KHIROJI SAMBREKAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K. H,
TAL AND DIST: BELAGAVI-590001.
...RESPONDENTS
(BY SRI. JAGADISH PATIL, ADV. FOR R1 & R2)
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
18
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.20/2007 ON THE FILE OF THE
LEARNED I ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
26.04.2016 PASSED IN LAC NO.20/2007 BY THE LEARNED I ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO 102444 OF 2016
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELAGAVI-590016.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SALEEMAHMED S/O. MOHAMMAD ISSAQ MADIWALE,
AGE: 49 YEARS, OCC: BUSINESS,
RESIDENT OF H.NO.3968/3, KAKATIVES GALLI,
BELAGAVI-590001.
2. RAJESAB S/O. MOHAMMED ISAQ MADIWALE,
AGE: 46 YEARS, OCC: BUSINESS,
RESIDENT OF H.NO.3968/3, KAKATIVES GALLI,
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. Y. LAKSHMIKANT REDDY, ADV. FOR R1 & R2)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR RECORDS IN LAC NO.2/2010 ON THE FILE OF THE
LEARNED I ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
26.04.2016 PASSED IN LAC NO.2/2010 BY THE LEARNED I ADDL.
SENIOR CIVIL JUDGE, BELGAUM AND ETC.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
19
IN MFA NO 101395 OF 2017
BETWEEN
1. SHRI SALIM AHMED
S/O. MOHAMMED ISAQ MADIWALE.
2. SHRI. RAJESAB, S/O. MOHAMMED ISAQ
MADIWALE, BOTH ARE R/O: 3968/3,
KAKTIVES GALLI, BELAGAVI.
...APPELLANTS
(BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND
1. BELAGAVI URBAN DEVELOPMENT AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI-590019.
2. SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
BELAGAVI-590019.
...RESPONDENTS
(BY SRI. M. A. HULYAL, ADV. FOR R1 & R2)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO AWARDING A COMPENSATION OF RS. 97,000/- PER GUNTA IN
THE INTEREST OF JUSTICE AND EQUITY TO ALLOW THE APPEAL
AND MODIFY THE JUDGMENT AND AWARD DATED 26.04.2016
PASSED IN LAC NO.2/2010 BY THE LERNED 1ST ADDITIONAL
SENIOR CIVIL JUDGE, BELAGAVI.
IN MFA NO. 101915 OF 2017
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY
BELGAUM, REPRESENTED BY ITS COMMISSIONER
ASHOK NAGAR, BELGAUM.
2. THE SPECIAL LAND ACQUISITION OFFICER
BELGAUM URBAN DEVELOPMENT AUTHORITY,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
20
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI.M. A. HULYAL, ADVOCATE)
AND
SHRI. PARASHRAM LAXMAN PATIL,
SINCE DECEASED REPRESENTED
BY HIS LEGAL HEIRS.
1. SHRI GAVADU LAXMAN PATIL,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TQ AND DIST:BELGAUM.
2. SHRI MANOHAR LAXMAN PATIL,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TQ AND DIST:BELGAUM.
3. SHRI BANDU LAXMAN PATIL,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TQ AND DIST:BELGAUM.
...RESPONDENTS
(BY SRI. Y. LAKSHMIKANT REDDY, ADV. FOR R1 TO R3)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.1/2013 ON THE FILE OF
THE LEARNED III ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 28.03.2017 PASSED IN LAC NO.1/2013 BY THE LEARNED III
ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO 101916 OF 2017
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS
COMMISSIONER, ASHOK NAGAR, BELGAUM.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
21
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
SHRI. SAHADEV MAYAPPA JADHAV,
AGE: 82 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K. H.,
TQ AND DIST: BELGAUM.
...RESPONDENTS
(BY SRI. JAGADISH PATIL, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.2/2013 ON THE FILE OF
THE LEARNED III ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 28.03.2017 PASSED IN LAC NO.2/2013 BY THE LEARNED III
ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ETC.
IN MFA NO. 101917 OF 2017
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELGAUM-590001.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM-590001.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
SHRI. GAJANAN BHUJANG PATIL,
SINCE DEAD REPRESENTED BY
HIS LEGAL HEIRS.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
22
1. SHRI. ANANT GAJANAN PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: KANGRALI K. H,
TQ AND DIST: BELAGAVI-591103.
2. SHRI. MAHADEV GAJANAN PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: KANGRALI K.H.,
TQ AND DIST: BELAGAVI.-591103.
3. SHRI. SANJAY GAJANAN PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K. H,
TQ AND DIST: BELAGAVI-591103.
4. SHRI. RAMCHANDRA GAJANAN PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K. H,
TQ AND DIST: BELAGAVI-591103.
5. SHRI. NARAYAN BHUJANG PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K. H.,
TQ AND DIST: BELAGAVI.-591103.
6. SHRI. SADANAND BHUJANG PATIL
SINCE DECEASED BY HIS LRS,
6A. SHRI. ANANDIBAI SADANAND PATIL
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O. KANGRALI K. H.,
TQ AND DIST: BELAGAVI-591103.
6B. MANOJ SADANAND PATIL,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: KANGRALI K. H,
TQ AND DIST: BELAGAVI-591103.
6C. BHARATA SADANAND PATIL,
AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
R/O. KANGRALI K.H.,
TQ AND DIST: BELAGAVI-591103.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
23
6D. ARJUN SADANAND PATIL,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: KANGRALI K. H,
TQ AND DIST: BELAGAVI-591103.
...RESPONDENTS
(BY SRI.Y. LAKSHMIKANT REDDY, ADV. FOR R1 TO R5 & R6 (A-D)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.3/2013 ON THE FILE OF
THE LEARNED III ADDL. SENIOR CIVIL JUDGE, CJM BELGAUM AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 28.03.2017 PASSED IN LAC NO.3/2013 BY THE LEARNED III
ADDL. SENIOR CIVIL JUDGE, BELGAUM AND ETC.
MFA NO. 101918 OF 2017
BETWEEN
1. BELAGAVI URBAN DEVELOPMENT AUTHORITY,
BELAGAVI, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELAGAVI.
...APPELLANTS
(BY SRI. JAGADISH PATIL, ADV. FOR R1 & R2)
AND
1. SHRI. VIVEK PUNALIK JADHAV,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. JIJAMATA CHOWK, KANGARALI K. H,
TQ AND DIST: BELAGAVI-591103.
2. SHRI. KISHORKUMAR PUNDALIK JADHAV,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. JIJAMATA CHOWK, KANGARALI K. H,
TQ AND DIST: BELAGAVI-591103.
...RESPONDENTS
(BY SRI. JAGADISH PATIL, ADV. FOR R1 AND R2)
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
24
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.12/2013 ON THE FILE OF
THE LEARNED II ADDL. SENIOR CIVIL JUDGE, CJM BELAGAVI AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 21.02.2017 PASSED IN LAC NO.12/2013 BY THE LEARNED II
ADDL. SENIOR CIVIL JUDGE, BELAGAVI AND ETC.
IN MFA NO. 101919 OF 2017
BETWEEN
1. BELAGAVI URBAN DEVELOPMENT AUTHORITY
BELAGAVI, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI-590001.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM-590001.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE
AND
1. SHRI. ANIL CHANDRASEN KHATAVAKAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SUBHASH GALLI, 1ST CROSS,
GANDHI NAGAR, BELAGAVI-590001.
2. SHRI. SUNIL CHANDRASEN KHATAVAKAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SUBHASH GALLI, 1ST CROSS,
GANDHI NAGAR, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. S. B. DEYANNAVAR, ADV. FOR R1;
SRI. SHIVARAJ S. BALLOLLI, ADV. FOR R2)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.13/2013 ON THE FILE OF
THE LEARNED II ADDL. SENIOR CIVIL JUDGE & CJM BELAGAVI AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
25
DATED 21.02.2017 PASSED IN LAC NO.13/2013 BY THE LEARNED II
ADDL. SENIOR CIVIL JUDGE, & CJM BELAGAVI AND ETC.
IN MFA NO. 101920 OF 2017
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI-590001.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM-590001.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SHRI. SHIVAJI NARAYAN PATIL,
AGE: MAJOR, OCC: BUSINESS,
R/O. KANGRALI K. H,
TQ AND DIST: BELGAUM-591103.
2. SHRI. BALARAM SHIVAJI PATIL
AGE: 50 YEARS, OCC: BUSINESS,
R/O. KANGRALI K. H.,
TQ AND DIST: BELGAUM-591103.
3. SHRI. MINAJI SHIVAJI PATIL,
AGE: MAJOR, OCC: BUSINESS,
R/O. KANGRALI K. H,
TQ AND DIST: BELGAUM.
4. SHRI. BHARATHA SHIVAJI PATIL
AGE: MAJOR, OCC: BUSINESS,
R/O. KANGRALI K. H,
TQ AND DIST: BELGAUM-591103.
5. SHRI. JYOTIBA SHIVAJI PATIL,
AGE: MAJOR, OCC: BUSINESS,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
26
R/O. KANGRALI K. H.,
TQ AND DIST: BELGAUM-591103.
...RESPONDENTS
(BY SRI. Y. LAKSHMIKANT REDDY, ADV. FOR R1 TO R5)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.14/2013 ON THE FILE OF
THE LEARNED II ADDL. SENIOR CIVIL JUDGE & CJM BELAGAVI AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 21.02.2017 PASSED IN LAC NO.14/2013 BY THE LEARNED II
ADDL. SENIOR CIVIL JUDGE, & CJM BELAGAVI AND ETC.
IN MFA NO. 101929 OF 2018
BETWEEN
1. BELAGAVI URBAN DEVELOPMENT AUTHORITY,
BELAGAVI, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI-590016.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI, URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELAGAVI-590016.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
SMT. SHARADABAI KRISHNARAO JADHAV
AGE: 65 YEARS, OCC: HOUSEHOLD AND
AGRICULTURE, R/O. KANGRALI K. H,
TQ AND DIST: BELAGAVI.
...RESPONDENT
(BY SRI. JAGADISH PATIL, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.52/2016 ON THE FILE OF
THE LEARNED II ADDL. SENIOR CIVIL JUDGE & CJM BELAGAVI AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 01.02.2018 PASSED IN LAC NO.52/2016 BY THE LEARNED II
ADDL. SENIOR CIVIL JUDGE, & CJM BELGAUM AND ETC.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
27
IN MFA NO. 102674 OF 2018
BETWEEN
1. BELAGAVI URBAN DEVELOPMENT AUTHORITY,
BELAGAVI, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI-590016.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELAGAVI 590016.
...APPELLANTS
(BY SRI. M. Y. HULYAL, ADVOCATE)
AND
SHRI. RAMA KALLAPPA PATIL,
SINCE DECEASED REPRESENTED BY HIS LRS.
1. JANAKUBAI RAMA PATIL
AGE: 76 YRS, OCC: HOUSEHOLD,
R/O. KANGRALI K.H,
TQ AND DIST.BELAGAVI-590001.
2. SHRI BHAVAKANNA RAMAPA PATIL
AGE: 52 YRS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TQ AND DIST. BELAGAVI-590001.
3. SHRI GAJANAN RAMA PATIL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TQ AND DIST. BELAGAVI-590001.
4. SMT. SUGANDA MARUTI PATIL,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TQ AND DIST BELAGAVI-590001.
5. SMT. BHARATI @ VARSHA KALLAPPA PATIL,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O. PEERANWADI,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
28
TAL & DIST: BELAGAVI-590001.
6. SMT. MANGAL @ SUNITA BHAURAO PATIL,
AGE: 51 YRS, OCC: HOUSEHOLD,
R/O. LOKKOLI, TAL: KHANAPUR,
DIST: BELAGAVI-590001.
7. SMT. MALU CHANDRAKANT DEVKARI,
AGE: 46 YEARS, OCC: HOUSEHOLD,
R/O. MANTURGA, TAL: KHANAPUR,
DIST: BELAGAVI-590001.
8. SHRI. VITTAL KALLAPPA PATIL,
AGE: 80 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H., BELAGAVI-590001.
9. SHRI BHAVAKU YALLAPPA PATIL
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H, BELAGAVI-590001.
10. SHRI BALU TOPANNA PATIL,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELAGAVI-59001.
11. SMT. RAMABAI D/O. NARAYAN PATIL,
AGE 53 YEARS, OCC. HOUSEHOLD.
12. SMT. BALABAI W/O. KALLAPPA PATIL,
AGE 51 YEARS, OCC. HOUSEHOLD,
BOTH ARE R/O. WAGHWADE,
TAL AND DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. Y. LAKSHMIKANTH REDDY, ADV. FOR R1 TO R7;
SRI. JAGADISH PATIL, ADV. FOR R11 TO R12;
NOTICE TO R8 TO R10 SERVED)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.9/2015 ON THE FILE OF
THE LEARNED III ADDL. SENIOR CIVIL JUDGE & CJM BELAGAVI
AND ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 09.02.2018 PASSED IN LAC NO.9/2015 BY THE
LEARNED III ADDL. SENIOR CIVIL JUDGE, & CJM BELAGAVI AND
ETC.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
29
IN MFA NO. 102947 OF 2018
BETWEEN
SHRI. PARASHRAM LAXMAN PATIL,
SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS.
1. GAVADU LAXMAN PATIL,
S/O. PARASHRAM LAXMAN PATIL.
2. MANOHAR LAXMAN PATIL
S/O. PARASHRAM LAXMAN PATIL.
3. BANDU LAXMAN PATIL,
S/O. PARASHRAM LAXMAN PATIL,
ALL R/O. KANGRALI K.H,
TALUK AND DISTRICT: BELAGAVI-590019.
...APPELLANTS
(BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND
1. BELAGAVI URBAN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI-590019.
2. SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI, URBAN DEVELOPMENT AUTHORITY,
BELAGAVI-590019.
...RESPONDENTS
(BY SRI. M. A. HULYAL, ADV. FOR R1 & R2)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO AWARDING A COMPENSATION OF RS.97,000/- PER GUNTA IN
THE INTEREST OF JUSTICE AND EQUITY TO ALLOW THE APPEAL
AND MODIFY THE JUDGMENT AND AWARD DATED 28.3.2017
PASSED IN LAC 1/2013 BY THE LEARNED 3RD ADDITIONAL SENIOR
CIVIL JUDGE AND CJM BELAGAVI IN THE INTEREST OF JUSTICE
AND EQUITY.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
30
IN MFA NO 101428 OF 2019
BETWEEN
1. SHRI. RAMA KALLAPPA PATIL,
SINCE DECEASED REPRESENTED BY HIS LRS.
1A. JANAKUBAI RAMA PATIL,
AGED ABOUT 76 YEARS,
OCC: HOUSEHOLD,
R/O. KANGRALI K. H. TALUK,
DIST: BELAGAVI-590010.
1B. SHRI. BHAVAKANNA RAMAPPA PATIL,
AGED ABOUT 52 YEARS,
OCC: AGRICULTURE,
R/O. KANGRALI K. H. TALUK,
DIST: BELAGAVI-590010.
1C. SHRI GAJANAN RAMA PATIL,
AGED ABOUT 48 YEARS,
OCC: AGRICULTURE,
R/O KANGARALI K.H,
TALUK AND DIST: BELAGAVI-590010.
1D. SMT. SUGANDA MARUTI PATIL,
AGED ABOUT 58 YEARS,
OCC: AGRICULUTRE,
R/O. KANGRALI K. H. TALUK,
DIST: BELAGAVI-590010.
1E. SMT. BHARATI @ VARSHA KALLAPPA PATIL,
AGED ABOUT 54 YEARS,
OCC: HOUSEHOLD, R/O. PEERANWADI,
TALUK AND DIST: BELAGAVI-590014.
1F. SMT. MANGAL @ SUNITA BHURAO PATIL,
AGED ABOUT 51 YEARS,
OCC: AGRICULTURE
R/O. LOKKOLI, TALUK KHANAPUR,
DIST: BELAGAVI-590024.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
31
1G. SMT. MALU CHANDRAKANT DEVKARI,
AGED ABOUT 46 YEARS,
OCC: HOUSEHOLD, R/O MANTURGA,
TALUK KHANAPUR, DIST: BELAGAVI-591302.
2. SHRI VITTAL KALLAPPA PATIL,
AGED ABOUT 80 YEARS,
OCC: AGRICULTURE,
R/O KANGRALI K H, BELAGAVI-590010.
3. SHRI. BHAVAKU YALLAPPA PATIL,
AGED ABOUT 55 YEARS,
OCC: AGRICULTURE,
R/O KANGRALI K H, BELAGAVI-590010.
4. SHRI. BALU @ BHAURAO TOPANNA PATIL,
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE,
R/O KANGRALI K H, BELAGAVI-590010.
5. SMT. RAMABI D/O. NARAYAN PATIL,
AGE: 53 YEARS, OCC: HOUSEHOLD.
6. SMT. BALABI W/O. KALLAPPA PATIL,
AGE: 51 YEARS, OCC: HOUSEHOLD,
BOTH ARE R/O. WAGHWADE,
TAL & DIST: BELAGAVI.
...APPELLANTS
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND
SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
BELAGAVI-590001.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADV. FOR R1 & R2)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO AWARDING A COMPENSATION OF RS.97,000/- PER GUNTA IN
THE INTEREST OF JUSTICE AND EQUITY BY ALLOWING THE APPEAL
AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE
LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND CJM BELAGAVI
IN LAC NO.9/2015 DATED 09.02.2018.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
32
IN MFA NO 105172 OF 2019
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR BELGAUM.
2. THE SPECIAL LAND ACQUISITION OFFICER
BELGAUM, URBAN DEVELOPMENT AUTHORITY
ASHOK NAGAR BELGAUM.
...APPELLANTS
(BY SRI. M. Y. HULYAL, ADVOCATE)
AND
SRI.JADHAV MALLARAO MAYAPPA,
SINCE DECEASED BY HIS LRS.
1A. SHRI. PRAKASH MALLAPPA JADHAV,
AGE: 65 YEARS, OCC: RETIRED,
R/O. KANGRALI K. H, BELAGAVI TALUK,
PIN-590010.
1B. SMT. ASHA RAMKRISHNA PAWASHE,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. KANGRALI K. H, BELAGAVI TALUK,
PIN-590010.
1C. SHRI. RAMESH MALLAPPA JADHAV,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELAGAVI TALUK,
PIN-590010.
1D. SMT. JAYA LAXMAN PATIL,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. KANGRALI K. H, BELAGAVI TALUK,
PIN-590010.
1E. SHRI. SHIVAJI MALLAPPA JADHAV,
AGE: 58 YEARS, OCC: AGRICULTURE,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
33
R/O. KANGRALI K. H, BELAGAVI TALUK,
PIN-590010.
1F. SHRI. VILAS MALLAPPA JADHAV,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K. H, BELAGAVI TALUK,
PIN-590010.
1G. SMT. SHANTA MALLAPPA JADHAV,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. KANGRALI K. H, BELAGAVI TALUK,
PIN-590010.
..RESPONDENTS
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.4/2015 ON THE FILE OF
THE LEARNED I ADDL. SENIOR CIVIL JUDGE & CJM BELAGAVI AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 23.07.2019 PASSED IN LAC NO.4/2015 BY THE LEARNED I
ADDL. SENIOR CIVIL JUDGE, & CJM BELAGAVI AND ETC.
IN MFA NO 105173 OF 2019
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELAGAVI-590016.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM, URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELAGAVI-590016.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SRI. GOPAL MAYAPPA JADHAV,
AGE: 77 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K. H,
TQ AND DIST: BELAGAVI-590010.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
34
2. SRI. KRISHNA MAYAPPA JADHAV,
AGE: 75 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TQ AND DIST: BELAGAVI-590010.
...RESPONDENTS
(BY SRI. Y. LAKSHMIKANT REDDY, ADV. FOR R1 & R2)
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.2/2015 ON THE FILE OF
THE LEARNED I ADDL. SENIOR CIVIL JUDGE & CJM BELAGAVI AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 23.07.2019 PASSED IN LAC NO.2/2015 BY THE LEARNED I
ADDL. SENIOR CIVIL JUDGE, & CJM BELAGAVI AND ETC.
IN MFA NO 105175 OF 2019
BETWEEN
1. BELGAUM URBAN DEVELOPMENT AUTHORITY,
BELGAUM, REPRESENTED BY ITS COMMISSIONER,
ASHOK NAGAR, BELGAUM.
2. THE SPECIAL LAND ACQUISITION OFFICER,
BELGAUM URBAN DEVELOPMENT AUTHORITY,
ASHOK NAGAR, BELGAUM.
...APPELLANTS
(BY SRI. M. A. HULYAL, ADVOCATE)
AND
1. SMT. JAITUNBI MOHAMMADGOUSE MADIWALE,
AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
R/O. 3960/A, KAKATIVES, BELAGAVI-590002.
2. SMT. RIJAWANA FAROOK AHMED MADIWALE,
AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
R/O. 3960/A, KAKATIVES, BELAGAVI-590002.
3. AFREEN FAROOK AHMED MADIWALE,
AGE: 24 YEARS, OCC: HOUSEHOLD WORK,
R/O. 3960/A, KAKATIVES, BELAGAVI-590002.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
35
4. JASMIEN FAROOK AHMED MADIWALE,
AGE: 22 YEARS, OCC: HOUSEHOLD WORK,
R/O. 3960/A, KAKATIVES, BELAGAVI-590002.
5. NUYEED FAROOK AHMED MADIWALE,
AGE: 16 YEARS, OCC: HOUSEHOLD WORK,
R/O. 3960/A, KAKATIVES, BELAGAVI-590002.
6. ZIAANA FAROOK AHMED MADIWALE,
AGE: 14 YEARS, OCC: STUDENT,
R/O. 3960/A, KAKATIVES, BELAGAVI-590002.
SINCE THE RESPONDENTS-5 AND 6 ARE MINORS
HENCE, THEY ARE REPRESENTED
BY THEIR MOTHER NO. 2 AS MIOR
GUARDIAN AND THEIR NEXT FRIEND.
7. FATHIMABEE MOHAMMADGOUSE MADIWALE,
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O. 3960/A, KAKATIVES, BELAGAVI-590002.
RESPONDENTS
THIS MFA IS FILED U/SEC.54(1) OF LA ACT 1894, PRAYING
TO CALL FOR THE RECORDS IN LAC NO.7/2015 ON THE FILE OF
THE LEARNED I ADDL. SENIOR CIVIL JUDGE & CJM BELAGAVI AND
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 23.07.2019 PASSED IN LAC NO.7/2015 BY THE LEARNED I
ADDL. SENIOR CIVIL JUDGE, & CJM BELAGAVI AND ETC.
IN MFA NO. 102329 OF 2022
BETWEEN
SMT. JAITUNBI W/O. MOHAMMADGOUSE
MADIWALE, SINCE DECEASED BY HER LRS.
1. SMT. RIZWANA D/O. FAROOK AHMED MADIWALE,
AGE. 47 YEARS, OCC. HOUSEHOLD.
2. AFREEN D/O. FAROOK AHMED MADIWALE,
AGE. 27 YEARS, OCC. STUDENT.
3. JASMIEN D/O. FAROOK AHMED MADIWALE,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
36
AGE. 25 YEARS, OCC. STUDENT.
4. NUYEED S/O. FAROOK AHMED MADIWALE,
AGE. 19 YEARS, OCC. STUDENT.
5. ZIYANA D/O. FAROOK AHMED MADIWALE,
AGE. 18 YEARS, OCC. STUDENT.
SMT. FATIMABI W/O. MOHAMMADGOUSE MADIWALE,
DECEASED NO LRS.,
6. AMMENABI ABDULRASHID MADIWALE,
AGE.70 YEARS, OCC. HOUSEHOLD.
(ALL ARE R/O. KAKATIVES GALLI, BELAGAVI-591113).
...APPELLANTS
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND
THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
R/O. ASHOK NAGAR BELAGAVI,
DISTRICT. BELAGAVI-590016.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, PRAYING TO CALL FOR RECORDS AND MODIFY THE
JUDGMENT AND AWARD PASSED BY I ADDL. SR. CIVIL JUDGE AND
CJM BELAGAVI, AT: BELAGAVI, IN LAC NO.07/2015 DATED
23.07.2019, BY ALLOWING THIS APPEAL BY ENHANCING THE
MARKET VALUE IN THE INTEREST OF JUSTICE AND ETC.
IN MFA.CROB NO 100111 OF 2018
BETWEEN
SHRI. SAHADEV S/O. MAYAPPA JADHAV,
AGE: 82 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TAL: BELAGAVI, DISTRICT: BELAGAVI.
...CROSS OBJECTOR
(BY SRI. JAGADISH PATIL, ADVOCATE)
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
37
AND
THE SPECIAL LAND ACQUISITION OFFICER,
BELGAVI URBAN DEVELOPMENT AUTHORITY,
R/O. ASHOK NAGAR, TAL: BELAGAVI,
DIST: BELAGAVI.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADVOCATE)
THIS MFA.CROB IN MFA NO.101916/2017 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO CALL FOR RECORDS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY III ADDL. SR.
CIVIL JUDGE & CJM BELAGAVI, AT: BELAGAVI, IN LAC NO.2/2013
DATED 28.03.2017, BY ALLOWING THIS APPEAL BY ENHANCING
THE MARKET VALUE IN THE INTEREST OF JUSTICE AND ETC.
IN MFA.CROB NO 100112 OF 2018
BETWEEN
SHRI. RAMA S/O. KALLAPPA PATIL,
SINCE DECEASED BY HIS LRS.
1. JANAKUBAI D/O. RAMA PATIL,
AGE: 80 ,YEARS, OCC:HOUSEHOLD,
R/O. KANGRALI K.H, TAL:BELAGAVI,
DIST: BELAGAVI.
2. BHAVAKANNA S/O. RAMAPA PATIL,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H, TAL: BELAGAVI,
DIST: BELAGAVI.
3. GAJANAN S/O. RAMA PATIL,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. KANGRALI K.H,
TAL: BELAGAVI, DIST: BELAGAVI.
4. SUGANDHA MARUTI PATIL,
AGE: 62 YEARS, OCC: AGRICULTURE,
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
38
R/O. PIRANWADI, TAL: BELAGAVI, DIST: BELAGAVI.
5. BHARATI @ VARSHA KALLAPPA PATIL,
AGE: 58 YEARS, OCC: HOUSEHOLD WORK,
R/O. PIRANWADI, TAL: BELAGAVI, DIST: BELAGAVI
6. SMT. MANGAL @ SUNITA BHAURAO PATIL,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O. LOKKOLI, TAL: KHANAPUR, DIST: BELAGAVI.
7. SMT MALU CHANDRAKANT DEVKARI,
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O. MANTURGA, TAL: KHANAPUR, DIST: BELAGAVI.
8. SHRI VITTAL S/O. KALLAPPA PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI K.H, TAL: BELAGAVI, DIST: BELAGAVI.
9. SHRI BHAVAKU S/O. YALLAPPA PATIL
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANGRALI KH, TAL: BELAGAVI, DIST: BELAGAVI.
10. SHRI. BALU S/O. TOPANNA PATIL,
AGE: MAJOR, OCC: AGRICUTURE,
R/O. KANGRALI K.H, TAL: BELAGAVI, DIST: BELAGAVI.
...CROSS OBJECTORS
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND
THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
R/O. ASHOK NAGAR, BELAGAVI,
DISTRICT: BELAGAVI.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADVOCATE)
THIS MFA.CROB IN MFA NO.102674/2018 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO CALL FOR RECORDS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY III ADDL. SR.
CIVIL JUDGE & CJM BELAGAVI, AT: BELAGAVI, IN LAC NO.9/2015
DATED 09/02/2018, BY ALLOWING THIS APPEAL BY ENHANCING
THE MARKET VALUE IN THE INTEREST OF JUSTICE AND ETC.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
39
IN MFA.CROB NO. 100080 OF 2019
BETWEEN
1. SHRI. VIVEK PUNALIK JADHAV,
2. KISHOR KUMAR PUNDALIK JADHAV,
BOTH ARE R/O. R/O. JIJAMATA CHOWK
KANGARALI K. H. BELAGAVI.
3. SURI NAMADEV PARASURAM JADHAV
AGE: 54 YEARS, OCC: AGRICULTURE.
4. SURI PRALHAD PARASURAM JADHAV
AGE: 50 YEARS, OCC: AGRICULTURE.
5. SURI MANOHAR PARASURAM JADHAV
AGE: 53 YEARS, OCC: AGRICULTURE,
ALL ARE R/O. KANGARALI K. H,
TQ: DIST: BELAGAVI.
...CROSS OBJECTORS
(BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND
SPECIAL LAND ACQUISTION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
BELAGAVI-590019.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADVOCATE)
THIS MFA.CROB IN MFA NO.101918/2017 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO AWARDING A
COMPENSATION OF RS. 97,000/- PER GUNTA IN THE INTEREST OF
JUSTICE AND EQUITY TO ALLOW THE APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 21.02.2017 PASSED IN LAC
12/2013 BY THE LEARNED 2ND ADDITIONAL SENIOR CIVIL JUDGE
AND CJM BELAGAVI, IN THE INTEREST OF JUSTICE AN EQUITY.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
40
IN MFA CROB NO.100085 OF 2019
BETWEEN
SMT. SHARDABAI W/O. KRISHNARAO JADHAV,
AGE: 62 YEARS, OCC: HOUSEWIFE,
R/O. KANGRALI K.H, TAL: BELAGAVI,
DISTRICT: BELAGAVI-590010.
...CROSS OBJECTOR
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND
THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
R/O. ASHOK NAGAR, BELAGAVI,
DIST: BELAGAVI-590016.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADVOCATE)
THIS MFA.CROB IN MFA NO.101929/2018 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO CALL FOR RECORDS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY II ADDL. SR.
CIVIL JUDGE & CJM BELAGAVI, AT: BELAGAVI, IN LAC NO.52/2016
DATED 01.02.2018, BY ALLOWING THIS APPEAL BY ENHANCING
THE MARKET VALUE IN THE INTEREST OF JUSTICE AND ETC.
IN MFA CROB NO. 100052 OF 2022
BETWEEN
1. SHRI. PRAKASH S/O. MALLAPPA JADHAV,
AGE. 50 YEARS, OCC. AGRICULTURE.
2. SMT. ASHA W/O. RAMAKRISHNA PAVASHE,
AGE. 62 YEARS, OCC. HOUSEHOLD,
3. SHRI. RAMESH S/O. MALLAPPA JADHAV,
AGE. 48 YEARS, OCC. AGRICULTURE.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
41
4. SMT. JAYA W/O. LAXMAN PATIL,
AGE. 52 YEARS, OCC. HOUSEHOLD.
5. SHRI. SHIVAJI S/O. MALLAPPA JADHAV,
AGE. 36 YEARS, OCC. AGRICULTURE,
6. SHRI. VILAS S/O. MALLAPPA JADHAV,
AGE. 50 YEARS, OCC. AGRICULTURE.
7. SMT. SHANTA W/O. MALLAPPA JADHAV,
AGE. 75 YEARS, OCC. HOUSEHOLD,
ALL ARE R/O. KANGRALI K.H,
TAL. BELAGAVI, DIST. BELAGAVI-590010.
...CROSS OBJECTORS
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND
THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
R/O. ASHOK NAGAR, BELAGAVI,
DISTRICT. BELAGAVI-590016.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADVOCATE)
THIS MFA.CROB IN MFA NO.105172/2019 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO CALL FOR RECORDS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY I ADDL. SR. CIVIL
JUDGE & CJM BELAGAVI, AT: BELAGAVI, IN LAC NO.04/2015
DATED 23.07.2019, BY ALLOWING THIS APPEAL AND GRANTING
COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, I.E.
R.97,000/- PER GUNTA ALONG WITH THE STATUTORY BENEFITS
BEFORE REFERENCE COURT IN THE INTEREST OF JUSTICE AND
EQUITY.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
42
IN MFA CROB NO. 100054 OF 2022
BETWEEN
1. SHRI. GOPAL S/O. MAYAPPA JADHAV,
AGE. 40 YEARS, OCC. AGRICULTURE,
R/O. KANGRALI K.H, TAL. BELAGAVI,
DIST. BELAGAVI.
2. SHRI. KRISHNA S/O. MAYAPPA JADHAV,
AGE. 38 YEARS, OCC. AGRICULTURE,
R/O. KANGRALI K.H, TAL. BELAGAVI,
DIST. BELAGAVI.
...CROSS OBJECTOR
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND
THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
R/O. ASHOK NAGAR BELAGAVI,
DISTRICT. BELAGAVI.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADVOCATE)
THIS MFA.CROB IN MFA NO.105173/2019 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO CALL FOR RECORDS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY I ADDL. SR. CIVIL
JUDGE & CJM BELAGAVI, AT: BELAGAVI, IN LAC NO.02/2015
DATED 23.07.2019, BY ALLOWING THIS APPEAL AND GRANTING
COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, I.E.
R.1,32,214/- PER GUNTA ALONG WITH THE STATUTORY BENEFITS
BEFORE REFERENCE COURT IN THE INTEREST OF JUSTICE AND
EQUITY.
MFA NO.22608/2013 C/W
MFA NOS.22520, 22521 OF 2013
& 35 CONNECTED MATTERS
43
IN MFA.CROB NO. 100138 OF 2022
BETWEEN
GAJANAN BHUJANG PATIL
SINCE DEAD REP. BY HIS LRS.
LAXMIBAI W/O. GAJANAN PATIL,
SINCE DEAD REP. BY HER LRS.
ANANT S/O. GAJANAN PATIL,
SINCE DEAD REP. BY HIS LRS.
1. SMT. PARVATI W/O. ANANT PATIL,
AGE: 54 YEARS, OCC: HOUSEHOLD WORK.
2. SHRI. VENKATESH S/O. ANANT PATIL,
AGE: 34 YEARS, OCC: AGRICULTURE.
3. SMT. MAYURI W/O. NAGESH DHAMANEKAR
AGE: 32 YEARS, OCC: HOUSEHOLD WIRK.
4. SHRI. BHUJANG S/O. ANANT PATIL
AGE: 28 YEARS, OCC: AGRICULTURE.
5. MAHADEV S/O. GAJANAN PATIL,
AGE. 58 YEARS, OCC. AGRICULTURE.
6. SANJAY S/O. GAJANAN PATIL,
AGE. 55 YEARS, OCC. AGRICULTURE.
7. RAMACHANDRA S/O. BHUJANG PATIL
AGE. 62 YEARS, OCC. AGRICULTURE.
8. NARAYAN S/O. BHUJANG PATIL,
AGE. 75 YEARS, OCC. AGRICULTURE.
SHRI. SADANAND S/O. BHUJANG PATIL,
SINCE DEAD REP. BY HIS LRS.
9. SMT. ANANDIBAI W/O. SADANAND PATIL,
AGE. 65 YEARS, OCC. HOUSEHOLD.
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& 35 CONNECTED MATTERS
44
10. SHRI MANOJ S/O. SADANAND PATIL,
AGE. 33 YEARS, OCC. AGRICULTURE.
11. BHARATA SADANAND PATIL
AGE. 30 YEARS, OCC.HOUSEHOLD.
12. ARJUN S/O. SADANAND PATIL,
AGE. 27 YEARS, OCC. AGRICULTURE,
ALL ARE R/O. KANGRALI K.H,
TAL: BELAGAVI, DIST. BELAGAVI-590010.
...CROSS OBJECTORS
(BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND
THE SPECIAL LAND ACQUISITION OFFICER,
BELAGAVI URBAN DEVELOPMENT AUTHORITY,
R/O. ASHOK NAGAR BELAGAVI,
DISTRICT. BELAGAVI-590016.
...RESPONDENT
(BY SRI. M. A. HULYAL, ADVOCATE
THIS MFA.CROB IN MFA NO.101917/2017 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, READ WITH 54(1) LAND ACQUISITION
ACT, PRAYING TO CALL FOR RECORDS AND MODIFY THE JUDGMENT
AND AWARD PASSED BY III ADDL. SR. CIVIL JUDGE & CJM
BELAGAVI, AT: BELAGAVI, IN LAC NO.03/2013 DATED 28.03.2017,
BY ALLOWING THIS APPEAL BY ENHANCING THE MARKET VALUE IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THESE APPEALS HAVING BEEN RESERVED FOR JUDGMENT
ON 31.07.2024 COMING ON FOR PRONOUNCEMENT, THIS DAY,
VIJAYKUMAR A. PATIL J., DELIVERED/PRONOUNCED THE
FOLLOWING:
CORAM:HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MFA NO.22608/2013 C/W
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& 35 CONNECTED MATTERS
45
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
These appeals/cross-objections filed by the
claimants/land-losers and the Beneficiary of the acquisition
arise out of the Reference proceedings under Section 18(1) of
the Land Acquisition Act, 18941, wherein the Reference Court2
re-determined the market value of the acquired lands in LAC
Nos. 5 to 9 of 2007, LAC No.18/2007, 20/2007, LAC
No.2/2010, LAC Nos.26 to 30 of 2012, LAC Nos.1 to 3 of
2013, LAC Nos.12 to 14 of 2013, LAC Nos.2/2015, 4/2015,
7/2015, 9/2015, 14/2015 and LAC NO.52/2016.
2. Brief facts necessary to decide these
appeals/cross-objections are as under:
a) The State Government issued Preliminary
Notification dated 8.11.2000, which was published in the
Official Gazette on 16.11.2000, under Section 17(1) of the
Karnataka Urban Development Authorities Act, 19873. The
Final Notification/Declaration came to be issued on 14.07.2005
'Act, 1894', for short
II Addl. Senior Civil Judge, Belgaum
'Act, 1987', for short
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under Section 19(1) of the Act, 1987. The Special Land
Acquisition Officer, Belgaum Urban Development Authority,
Belgaum4 passed an award by determining the market value
of the subject lands at the rate of Rs.4,000/- per gunta.
b) The claimants/land-losers being dissatisfied with
the award of compensation sought reference under Section
18(1) of the Act, 1894. In support of their case, they adduced
oral and documentary evidence by contending that the
acquired lands are adjacent to Belgaum City having
potentiality for commercial use/conversion and surrounding
area is already developed.
c) The respondent/Beneficiary of the acquisition
opposed the claim petitions by filing objections. It is averred
that determination of market value by the SLAO is just and
proper and does not call for enhancement. It is further
averred that the acquired lands have no direct access and
they being agricultural lands cannot be treated as potential for
conversion, and thus, prayed for dismissal of the claim
petitions.
'SLAO', for short
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d) The Reference Court recorded the evidence of the
claimants. The claimants got marked certain documents
including the Valuation Reports. The respondent/Beneficiary
with the consent got marked a copy of the award and
statement of declaration of award as Ex.R1 and R2
respectively. The Reference Courts on appreciation of material
evidence available on record awarded three sets of judgments
by fixing the market value at Rs.20,000/- per gunta,
Rs.48,000/- per gunta and Rs.68,600/- per gunta with all
statutory benefits and interest. Being aggrieved by the
impugned judgments and awards of the Reference Courts, the
claimants/land owners as well as the Beneficiary of the
acquisition are in appeals and cross-objections.
3. Learned counsel representing the claimants/lands
owners make the following submissions:
a) That the nature of subject lands involved in all
these appeals are more or less similar in their potentiality and
value. In order to prove the case of the claimants, they have
produced Sale Deed dated 31.01.2000 at Ex.P5 in one of the
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LAC proceedings, wherein the very Beneficiary has sold the
site measuring 600 sq.ft. at Rs.1,37,214/-; hence, the
claimants/land losers are entitled for the same compensation.
b) That the some of the claimants have examined
Sri. Mallikarjun Mudnur, Chartered Engineer and Government
Approver and his Valuation Report is produced and marked
before the Reference Court, which indicates that the market
value of the acquired land is Rs.97,000/- per gunta. That the
claimants/land losers are at least entitled to market value of
the subject land at the said rate. That the acquired lands are
having non-agriculture potentiality and surrounding lands are
fully developed; hence, determination of market value by the
Reference Courts is on the lower side, and therefore, require
to be enhanced appropriately.
c) It is further submitted that for the very same
nature of land acquired under the same notification, three sets
of judgments and awards have been passed by three
Reference Courts by determining the market value of the
acquired lands at Rs.20,000/- per gunta, Rs.48,000/- per
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& 35 CONNECTED MATTERS
gunta and Rs.68,600/- per gunta. Hence, they seek to re-
determine the market value by appropriately enhancing the
compensation, by allowing the appeals/cross-objections filed
by the land owners by dismissing the appeals of the
Beneficiary.
4. Sri. M.A. Hulyal, learned counsel for the
Beneficiary submits that the Reference Courts without any
justifiable reasons have arbitrarily determined the market
value of the acquired lands in some of the cases at
Rs.20,000/- per gunta, Rs.48,000/- per gunta and
Rs.68,600/- per gunta. It is further submitted that there is no
consistency in the judgments of the Reference Courts with
regard to determination of market value of the lands in
question. He also submits that the lands in question in all
these appeals/cross-objections are one and similar in nature
and potentiality, hence, each of the claimants are entitled to
uniform compensation. Hence, he seeks to confirm the
market value determined by the SLAO. Learned counsel Sri.
Hulyal further submits that the Reference Court has incorrectly
placed reliance on one of the Exhibits, which is the Sale Deed
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executed by the Beneficiary in favour of its allottee of the site
and the said small site cannot be the basis to determine the
market value of the subject land. It is further contended that
the claimants/land owners failed to prove the market value
before the Reference Courts. Hence, he seeks to allow the
appeals filed by the Beneficiary by rejecting the appeals of the
claimants/land owners.
5. We have heard the arguments of learned counsel
appearing for the claimants/land owners as well as learned
counsel for the Beneficiary and meticulously perused the
grounds urged in the memorandum of appeals/cross-
objections and Reference Court records.
6. The only point that arises for consideration in this
batch of appeals/cross-objections is, whether the impugned
judgments and awards of the Reference Courts are sustainable
in law in the facts and circumstances of the case.
7. Undisputed facts are that the State Government
issued Preliminary Notification dated 8.11.2000 and Final
Notification on 14.7.2005 under the provisions of the Act,
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1987 for the purpose of acquisition of lands for the benefit of
Belgaum Urban Development Authority5. The said lands have
been acquired for the formation of residential layout called
'Sri. H.D.Kumarswamy Layout' under Scheme No.56. The
total extent of land acquired under the aforesaid Notification is
60 acres & 15 guntas. The SLAO after conducting enquiry as
contemplated under law, passed award dated 20.04.2006
determining the market value of the acquired lands at the rate
of Rs.4000/- per gunta along with all statutory benefits and
interest. The land owners being aggrieved by determination
of market value sought reference under Section 18(1) of the
Act, 1894. The Reference Courts on appreciation of entire
material available on record re-determined the market value
of the acquired lands under the impugned judgments and
awards in three different sets. For easy reference, MFA
Numbers, LAC Numbers, Survey Numbers and extent of land
acquired are reproduced in the following tabular columns.
'BUDA', for short
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I. The SLAO determined the market value at Rs.4000 per
gunta which has been enhanced by the Reference Court at
Rs.20,000/- per gunta.
Sl. MFA/Cross LAC Re-Survey Extent of land
No. Objection Nos. Number No.
1. 22520/2013 c/w 5/2007 212/2/4 31 guntas
2. 22521/2013 c/w 6/2007 195/3 1 acre 33 guntas
3. 22522/2013 7/2007 210/6 1 acre 4 guntas
4. 22523/2013 8/2007 210/4 1 acre 21 guntas
5. 22524/2013 9/2007 210/5 39 guntas
6. 100776/2016 c/w 18/2017 195/6/1A 1 acre 23 guntas
II. The SLAO determined the market value at Rs.4000 per
gunta which has been enhanced by the Reference Court at
Rs.48,000/- per gunta.
Sl. MFA/Cross LAC Re-Survey Extent of
No. objection Nos. Number No. land
1. 101395/2017 c/w 2/2010 215 21 guntas
2. 102437/2016 28/2012 9 guntas
3. 102438/2016 26/2012 195/9P1 12 guntas
4. 102439/2016 27/2012 9 guntas
5. 102440/2016 29/2012 9 guntas
6. 102441/2016 30/2012 12 guntas
7. 102442/2016 20/2007 212/5 24 guntas
III. The SLAO determined the market value at Rs.4000 per
gunta which has been enhanced by the Reference Court at
Rs.68,600/- per gunta.
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& 35 CONNECTED MATTERS
Sl. MFA/Cross LAC Re-Survey Extent of land
No. objection Nos. Number No.
1. 105172/2019 4/2015 207/6, 1 acre 11 guntas
c/w Crob 216/1+2,
2. 102674/2018 9/2015 201, 202 & 4 acres 20 guntas
3. 101916/2017 c/w 2/2013 215 22 guntas
Crob
4. 101917/2017 c/w 3/2013 216/3+4+5+6 1 acre 34 guntas
Crob +7+8
5. 101915/2017 c/w 1/2013 199/4P 15 guntas
6. 101918/2017 c/w 12/2013 211 2 acre 24 guntas
Crob
7. 101428/2019 9/2015 201, 202, 203 4 acre 20 guntas
8. 101919/2017 13/2013 209/4 3 guntas 12
annas
9. 105173/2019 c/w 2/2015 207/1 1 acre 20 guntas
Crob
10. 105175/2019 7/2015 195/2B 1 acre 32 guntas
11. 101920/2017 14/2013 216/11 21 guntas
12. 101929/2018 c/w 52/2016 207/3 3 acres 27 guntas
8. Before adverting to the issue involved in these
appeals/cross-objections, it is apt to refer the law laid down
by the Apex Court in CHIMANLAL HARGOVINDDAS vs.
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& 35 CONNECTED MATTERS
SPECIAL LAND ACQUISITION OFFICER, POONA &
ANOTHER6, wherein at paragraph-4 has held as under:
4. The following factors must be etched on the mental
screen:
(1) A reference under section 18 of the Land Acquisition
Act is not an appeal against the award and the Court
cannot take into account the material relied upon by the
Land Acquisition officer in his Award unless the same
material is produced and proved before the Court.
1. By Certificate under Article 133( l)(a) of the
Constitution of India as it existed at the material time.
(2) So also the Award of the Land Acquisition officer is not
to be treated as a judgment of the trial Court open or
exposed to challenge before the Court hearing the
Reference. It is merely an offer made by the Land
Acquisition officer and the material utilised by him for
making his valuation cannot be utilised by the Court
unless produced and proved before it. It is not the
function of the Court to suit in appeal against the Award,
approve or disapprove its reasoning, or correct its error or
affirm, modify or reverse the conclusion reached by the
Land Acquisition officer, as if it were an appellate court.
(3) The Court has to treat the reference as an original
proceeding before it and determine the market value
afresh on the basis of the material produced before it.
(4) The claimant is in the position of a plaintiff who has to
show that the price offered for his land in the award is
inadequate on the basis of the materials produced in the
Court. Of course the materials placed and proved by the
other side can also be taken into account for this purpose.
(5) The market value of land under acquisition has to be
determined as on the crucial date of publication of the
notification under sec. 4 of the Land Acquisition Act (dates
of Notifications under secs. 6 and 9 are irrelevant).
(1988) 3 SCC 751
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& 35 CONNECTED MATTERS
(6) The determination has to be made standing on the
date line of valuation (date of publication of notification
under Section 4) as if the valuer is a hypothetical
purchaser willing to purchase land from the open market
and is prepared to pay a reasonable price as on that day.
It has also to be assumed that the vendor is willing to sell
the land at a reasonable price.
(7) In doing so by the instances method, the Court has to
correlate the market value reflected in the most
comparable instance which provides the index of market
value.
(8) only genuine instances have to be taken into account.
(Some times instances are rigged up in anticipation of
Acquisition of land).
(9) Even post notification instances can be taken into
account (1) if they are very proximate,(2) genuine and (3)
the acquisition itself has not motivated the purchaser to
pay a higher price on account of the resultant
improvement in development prospects.
(10) The most comparable instances out of the genuine
instances have to be identified on the following
considerations:
(i) proximity from time angle,
(ii) proximity from situation angle.
(11) Having identified the instances which provide the
index of market value the price reflected therein may be
taken as the norm and the market value of the land under
acquisition may be deduced by making suitable
adjustments for the plus and minus factors vis-a-vis land
under acquisition by placing the two in juxtaposition.
(12) A balance-sheet of plus and minus factors may be
drawn for this purpose and the relevant factors may be
evaluated in terms of price variation as a prudent
purchaser would do.
(13) The market value of the land under acquisition has
there after to be deduced by loading the price reflected in
the instance taken as norm for plus factors and unloading
it for minus factors
(14) The exercise indicated in clauses (11) to (13) has to
be undertaken in a common sense manner as a prudent
man of the world of business would do. We may illustrate
some such illustrative (not exhaustive) factors:
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& 35 CONNECTED MATTERS
Plus factors Minus factors
1. smallness of size. 1. largeness of area.
2. proximity to a road. 2. situation in the interior at
a distances from the Road.
3. frontage on a road. 3. narrow strip of land with
very small frontage
compared to death.
4. nearness to developed area. 4. lower level requiring the
depressed portion to be filled
up.
5. regular shape. 5. remoteness from
developed locality.
6. level vis-a-vis land under 6. some special
acquisition. disadvantageous factor
which would deter a
purchaser.
7. special value for an owner of
an adjoining property to whom
it may have some very special
advantage.
(15) The evaluation of these factors of course depends on
the facts of each case. There cannot be any hard and fast
or rigid rule. Common sense is the best and most reliable
guide. For instance, take the factor regarding the size. A
building plot of land say 500 to 1000 sq.yds. cannot be
compared with a large tract or block of land of say l000
sq. yds or more. Firstly while a smaller plot is within the
reach of many, a large block of land will have to be
developed by preparing a lay out, carving out roads,
leaving open space, plotting out smaller plots, waiting for
purchasers (meanwhile the invested money will be
blocked up) and the hazards of an entrepreneur. The
factor can be discounted by making a deduction by way of
an allowance at an appropriate rate ranging approx.
between 20% to 50% to account for land required to be
set apart for carving out lands and plotting out small
plots. The discounting will to some extent also depend on
whether it is a rural area or urban area, whether building
activity is picking up, and whether waiting period during
which the capital of the entrepreneur would be looked up,
will be longer or shorter and the attendant hazards.
(16) Every case must be dealt with on its own facts
pattern bearing in mind all these factors as a prudent
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purchaser of land in which position the Judge must place
himself.
(17) These are general guidelines to be applied with
understanding informed with common sense.
9. Apex Court has reiterated the aforesaid principles
in the cases of VITHAL RAO & ANOTHER ETC. VS. SLAO7
and UNION OF INDIA VS. RAJKUMAR BAGHAL SINGH
(DEAD) THROUGH LRs AND OTHERS8. In the case of
TRISHALA JAIN & ANOTHER VS. STATE OF
UTTARANCHAL & ANOTHER9, it has been observed as
under:
45. This Court, depending on the facts and
circumstances of each given case, has taken the
view that deduction on account of expenses of
development of the sites could vary from 10% to
the 86.33% depending on the nature of the land, its
situations, the purpose and stage of development.
Reference can be made to K.S. Shivadevamma V.
Asstt. Commissioner and Land Acquisition Officer,
Ram Piari Vs. Collector (LA) Chimanlal
Hargovinddas Vs. Land Acquisition Officer and
Hasanali Walimchand Vs. State of Maharashtra.
RE-APPRECIATION OF EVIDENCE:
10. The claimants/land owners have filed the affidavit
evidence to substantiate the claim for compensation. The
7 AIR 2017 SC 3330
8 2014 (10) SCC 422
(2011) 6 SCC 47
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& 35 CONNECTED MATTERS
affidavits of the claimants are more or less in similar lines.
This Court instead of considering each of the deposition of the
claimants, it would refer the relevant evidence for the purpose
of deciding these appeals/cross-objections. The claimants in
their affidavit have mainly asserted that the land in question is
abutting to Bauxite road and the distance from the acquired
lands to Kittur Rani Chennamma Circle is 2.5 kms and
surrounding land of the acquired lands is fully developed. It is
deposed that adjacent to the acquired land, there exists
Hanuman Nagar area and TV Centre area, which have already
been developed and towards the western side of the acquired
land, there is a developed layout by the BUDA and the said
Layout is identified as Scheme No.47. It is further deposed
that the surrounding area of the acquired land is fully
developed by the private layout and layout formed by the
Housing Societies. It is also deposed that there exists APMC,
KLE Hospital, Maratha Mandal, Dental College towards eastern
side of the property and therefore, determination of market
value of the subject lands by the SLAO is on the lower side
and market value of the property fetches to Rs.10 lakhs per
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& 35 CONNECTED MATTERS
gunta. It is further deposed that entire acquired land has
been inspected and Valuation Report is issued by PW2, which
is produced as exhibit in LAC proceedings.
11. In support of the claim petitions, the claimants
examined one Sri. Mallikarjun Mudnur, Chartered Engineer
and Government Approver as PW2 in LAC No.6/2007 and the
said witness has filed an affidavit in lieu of evidence in other
LAC proceedings also. PW2 has deposed that in order to
ascertain the market value, he has physically inspected the
said acquired land. He further stated in his affidavit that the
subject land is situated at Bauxite road and surrounding land
is fully developed by the layouts of the BUDA and private
layouts and the distance between the acquired land and the
main city is very near. He further deposed that he has
collected the details of the layouts formed adjacent to the
acquired lands and also calculated the valuation by
comparable sale instance method and arrived at the rate of
Rs.40,700/- per gunta. He also deposed that he has
calculated the market value, based on the BUDA site allotment
rates and worked out the market value at Rs.97,000/- per
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& 35 CONNECTED MATTERS
gunta after deducting 33% towards developmental charges.
PW2, Expert Valuer himself has assessed the market value at
two rates, one is at Rs.40,700/- and another one at
Rs.97,000/- per gunta by applying two methods.
12. The claimants in LAC No.28/2012 and connected
LACs have filed the affidavit evidence in support of their claim
and produced copies of Sale Deed executed by BUDA in favour
of its allottees pertaining to Scheme No.13, which are marked
as Ex.P5 and P6. Ex.P5-Sale Deed dated 31.1.2000 in respect
of Site No.290 measuring 600 sq.ft., which indicates the
market value of the Site measuring 600 sq.ft. at Rs.75,600/-.
Ex.P6 is another Sale Deed dated 27.5.2005 in respect of Site
No.114 under Scheme No.13 and dimension of the site is 2440
sq.ft. and the sale consideration is shown as Rs.17,32,400/-.
Admittedly, these Sale Deeds are of the year 2000 and 2005,
i.e., one of the Sale Deeds is after the Preliminary Notification
issued for the subject lands. The Reference Court in the
aforesaid LACs has considered Exs.P5 and P6, as a basis to
determine the market value by applying 65% deduction to the
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said value and determined the market value at Rs.48,000/-
per gunta.
13. In another batch of LAC proceedings, the
Reference Court determined the market value at Rs.68,600/-
per gunta. The claimants in this batch of petitions have
adduced oral evidence stating that the lands are adjacent to
Belgaum City and surrounding land is already developed and
having Non-Agricultural potentiality. The Reference Court has
considered the Sale Deed dated 31.1.2000 at Ex.P2
pertainning to Scheme No.13 of BUDA, wherein the sale
consideration is Rs.75,600/- for 600 sq.ft. of developed site.
Ex.P3-Sale Deed dated 27.5.2005, which is again pertaining to
Scheme No.13 executed by BUDA at the sale consideration of
Rs.17,32,400/- for 2440 sq.ft. The Reference Court
considering both Sale Deeds at Ex.P2 and P3 applied
deduction of 50% and determined the actual market value of
the property at Rs.68,600/- per gunta.
14. The Reference Court in above three sets of
judgments has determined different market value for the
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subject lands. One set of judgment determines the market
value at Rs.20,000/- per gunta, 2nd set of judgment
determines the market value at Rs.48,000/- per gunta and 3rd
set of judgment determines the market value at Rs.68,600/-
per gunta. The evidence available on record indicates that the
lands acquired for the benefit of BUDA for formation of
residential layout is a small extent measuring 60 acres 15
guntas. The agricultural land found in the above acquisition is
of similar nature and having similar potentiality. The
Reference Courts in batch of judgments have recorded clear
finding that the subject lands are having proximity to the
Belgaum City and surrounding land of the acquired lands have
also developed. The award of the SLAO indicates that the
topography of the land is not equal and there are hill rocks in
some part of the acquired lands and there is slope towards
one side. Considering the nature of land, we are of the
considered view that the entire acquired lands are very near
to Belgaum City and surrounding lands are also gradually
growing. The revenue records indicate that the acquired lands
have access to main roads and have connectivity to the
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adjacent layouts formed by the BUDA and other private
layouts. In other words, we are of the considered view that
the claimants are entitled to compensation to the acquired
land considering them as having NA potential.
15. The entire material evidence available on record
indicates that the claimants have produced some of the sale
deeds executed by BUDA in favour of its allottees and those
Sale Deeds referred supra mainly pertain to subsequent year
of the acquisition of the lands in question. PW2, who is an
Approved Valuer, has also determined the market value of the
acquired land at Rs.40,700/- per gunta and Rs.97,000/- per
gunta again based on Sale Deed executed by BUDA in favour
of its allottees. The Valuer determined the amounts by
considering 33% as developmental charges on the value of
the Sale Deed referred, which is marked as exhibits in LAC
proceedings. The Reference Court in some cases applied 65%
deduction towards developmental costs and 50% deduction in
some of the cases and 33% in another set of case and
determined the market value. The Valuation Report of PW2
indicates that Annexure-II to the said Report is the valuation
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by comparable sale instance method pertaining to Scheme
No.56 of BUDA. The said Report is annexed with the copies of
Sale Deed referred in the Report. Annexure-II to the Report is
reproduced as under:
ANNEXURE-II
REF: LAND BEARING SY.NO.195/3 OF KANGRALI KH. ACQUIRED FOR
BELGAUM
URBAN DEVELOPMENT AUTHORITY (B.U.D.A) SCHEME NO.56
VALUATION BY COMPARABLE SALE INSTANCE METHOD
Comparable sale instances of plots in nearby vicinity of the acquired
land before/after the valuation date are furnished below:
Sl. Details of the plot Plot Sale price Details of Corrected
No. area in Rs. Title deed & rate/Gunta AS
DATE OF IN YEAR 2000
SALE with 5%
escalation/ de-
escalation
1 Plot No.39 in R.S. 1425 27,500 Sale Deed Rs.32,565
No.195 of Sqft OR No.3482
Hindalaga, Laxmi Or Rate/Guntha dt.07/12/19
Rs.20,992
2 Plot No.52 in 1880 37,000 OR Sale Deed Rs.33,178
R.S.No.10/3 of sqft Rate/Guntha No.1493
Belgaum for Shri. Or = Dt/
Raghvendra Co- 1.73 G Rs.21,387 05/07/1991
op HSg. Soc.
3 Plot No.186 in 1050 30,000 OR Sale Deed Rs.48,479
R.S.No.196/1 of sqft Rate/Guntha No.2041
Hindala for Shri Or = Dt.
Samarth Co-op 0.96G Rs.31,250 14/08/2019
HSg. Soc.
4. Plot No.290 in 600 75,600 OR Sale Deed Rs.1,37,214
R.S.No.1389, sqft Rate/Guntha No.4939
BUDA Scheme Or = Dt.
No.13 0.55 G Rs.1,37,214 2/2/2000
5. Plot No.1 in 2400 1,15,000 OR Sale Deed Rs.52,272
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R.S.No.188/A/5 sqft Rate/Guntha No.4077
of kangrali Kh. Or = Dt.
2.20 G Rs.52,272 24/11/2001
Average Rate/Guntha during the year 2000 =Rs.60,741/-
The market value of Rs. 60,741 per guntha as worked out above is
based on a developed N.A plot and whereas the acquired land is in an
undeveloped stage as on the date of acquisition, Necessary deductions
have to be made towards conversion charges & expenses towards
development cost.
In view of the decision of Hon'ble High Court in A.I.R 1998
Karnataka PG 147 & also the decision of the Hon'ble Supreme court of
India in AIR 1988 PG 1028, it is held that deduction towards conversion
charges & development cost cannot be more than 33%.
Market value per guntha worked out as above = Rs. 60,741
Deduct 33% towards conversion charges &
Development cost = - Rs.20,044
Market value of un-developed land per gunthas = Rs. 40,697
Say Rs. 40,700/-
RATE WORKED OUT BY COMPARABLE SALE INSTANCE =
Rs.40,700/GUNTHA (Rupees forty thousand seven hundred only)
Admittedly, the aforesaid sale considerations are paid by
the allottees to the BUDA and the sites are fully developed.
On considering the aforesaid sale transactions, the average
market value per gunta would be Rs.60,741 minus 33%
towards development costs, then net market value of the land
would be Rs.40,700 per gunta.
16. Annexure-III to the report is reproduced as under:
ANNEXURE-III
REF: LAND BEARING SY.NO.195/3 OF KANGRALI KH. ACQUIRED FOR
BELGAUM
URBAN DEVELOPMENT AUTHORITY (B.U.D.A) SCHEME NO.56
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VALUATION BASED ON BUDA STATE ALLOTMENT RATES
Plot allotment rate fixed by BUDA during the period July 1992 to
July 2006 (copies of Notification are enclosed):
Sl. BUDA BUDA Date of Size of Allotment Rate Average
No Scheme Notification Notificat plot rate per per rate per
No. ion plot Rs. Guntha guntha
Rs.
1. No.40 Near BUDA/11A- 10/7/92 20'X30' 9,000 16,335 28,246
Ganesh 20-40-47: 30'X40' 35,000 31,762
Temple 92-93 40'X60' 71,000 32,216
Hindalaga 50'X80' 1,20,000 32,670
2. No.47 Near BUDA/11A- 10/7/92 20'X30' 9,000 16,335 28,132
Bauxite 20-40-47: 30'X40' 35,000 31,762
Road, 92-93 40'X60' 71,000 31,762
Hindalaga 50'X80' 1,20,000 32,670
3. No.51 Laxmi BUDA/51/98 6/3/1999 20'X30' 52,000 94,380 1,06,291
Tekadi -99 30'X40' 1,15000 1,04,36
40'X60' 2,50,000 1,13,43
50'X80' 4,15,000 1,12,98
4. No.56 BUDA/56, 31/7/06 9mx12m 1,74,420 1,63,45
of acquired stage/2006-
land under 07
valuation & 12mx18m 3,48,840 1,63,45 1,63,451
schemes
5. No.47 BUDA/56, 31/7/06 9mx12m 1,74420 1,63,45 1,65,225
Nagar stage/2006- 12mx18m 3,48,840, 1,63,45
15mx24m 6,19,920, 1,68,77
Most comparable allotment rates are those at Sl.No.3 above which
is during the year 1999, one year prior to the date of acquisition of the
instant land.
Corrected rate (escalation from the year 1999 to the year of
acquisition in 2000 @ 5% = Rs. (1,06,291=5%) = 1,11,605/-
This is corroborated by the allotment rates at Sl. No.4 which pertain
to Scheme No.56 formed out of the land acquired viz. Sy. No.195/3.
Corrected rate (de-esclation from the year 2006 to the year of acquisition
in 2000 @ 5% every year over Rs. 1,63,451)=Rs.1,20,151/-
Average of the above two allotment rates =Rs.(1,11,605+1,20,151)/-
= 1,15,878/-
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This is the rate fixed for allotment to innumerable applicants
registered with BUDA. Very few people stand chance of allotment. Hence,
these rates do not reflect the true & fair open market value of plots. An
increase of 25% may be considred to arrive at the market value which
works out to Rs. 1,44,847/-.
The market value of Rs.1,44,847 per guntha as worked out above is
based on a developed N.A plot and whereas the acquired land is an
undeveloped stage as on the date of acquisition. Necessary deductions
have to be made towards conversion charges & expenses towards
development cost.
In view of the decision of Hon'ble High Court in A.I.R 1998
Karnataka PG 147 & also the decision of the Hon'ble Supreme Court of
India in AIR 1988 PG 1028, it is held that deduction towards conversion
charges & development cost cannot be more that 33%.
Market value per guntha worked out as above = Rs.1,44,847
Deduct 33% towards conversion charges &
Development cost = - Rs.47,800
Market value of un-developed land per gunthas Rs. 97,047
Say Rs. 97,000/-
RATE WORKED OUT BASED ON SITE ALLOTMENT RATES
=Rs.97,000/GUNTHA (Rupees ninety-seven thousand only)
Admittedly, the sale deeds referred in Annexure-III are
from 1992 to 2006 and the copies of the sale deed are also
annexed to the report. The Valuer has considered the Sale
Deed dated 6.3.1999 and Sale Deed dated 31.7.2006 and
determined the market value by taking average of the two
Sale Deeds by applying escalation and de-escalation method
and arrived at conclusion at Rs.1,15,878/- without
development costs. He observed that the aforesaid rate is for
the allotment rate and only few would get a chance of
allotment from BUDA, hence, generally there should be 25%
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addition to the said amount and has fixed the market value at
Rs.1,44,847, out of this, he has deducted 33% towards
developmental charges and finally determined the market
value at Rs.97,000/- per gunta to the developed lands.
17. We are of the considered view that the approach
of the Reference Courts in the aforesaid three sets of
judgments is inconsistent and contrary to the evidence
available on record. Even the Valuation Report of PW2 is
contrary to the settled principles of law referred supra. The
Approved Valuer applied escalation and de-escalation to the
two Sale Deeds referred by him dated 6.3.1999 and 31.7.2006
at Sl.No.3 and 4 of Annexure-III and arrived at average
market value at Rs.1,15,878/- per gunta to the fully
developed land. However, he has grossly erred in adding 25%
to the said amount by opining that getting allotment is not
possible to all and in the open market, value would be more.
In our considered view, such approach of the Valuer is without
any basis and no weightage can be given to such addition.
Admittedly, all the Sale Deeds referred either as exhibits in
the LAC proceedings or the Sale Deeds referred by the Valuer
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in his report are pertaining to small extent of developed sites
sold by BUDA to its allottees which cannot be the sole basis to
determine the market value of the acquired lands. However,
in the absence of any other evidence available on record, we
have no other option but to place reliance on the sale deeds
which are produced and marked as exhibits in the reference
proceedings and sale deeds referred by Valuer in his Valuation
Report dated 24.11.2010, the said Report is marked as exhibit
in the proceedings before the Reference Court. On comparing
the various Sale Deeds executed by BUDA, we are of the
considered view that it would be just and appropriate to
consider two Sale Deeds referred by Approved Valuer dated
6.3.1999 and 31.7.2006, which are before and after the
issuance of subject preliminary notification. Taking average of
both Sale Deeds by applying yearly escalation of 5% from the
date of Sale Deed i.e. 6.3.1999 to the date of subject
Preliminary Notification dated 8.11.2000, the market value
would be Rs.1,11,605/- and by applying de-escalation at 5%
to the Sale Deed dated 31.7.2006 from the said date to
subject preliminary notification, in the reverse, the amount
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would workout to Rs.1,20,151/-. The average of two
aforesaid Sale Deeds would be Rs.1,15,87810, and by
deducting 50% from the aforesaid amount towards
developmental costs, the amount would come down to
Rs.57,939/- rounded off to Rs.58,000/- per gunta. We are
making it very clear that applying deduction towards costs of
acquisition and development depends on a host of factors.
18. In the instant case, while considering 50% costs
towards development, we have taken note of various factors
like the topography of the land being uneven and some hill
rocks are found and there is slope towards one side land. We
are conscious of the fact that there cannot be any arithmetical
precision in determining the market value of the acquired
lands. We have meticulously considered the various reasoning
adopted by the Reference Courts while determining the
market value of the acquired land in three categories and also
considered fact that the claimants have not produced any
evidence before the Reference Court to establish the market
value other than the Valuation Report of PW2 and the Sale
Rs.1,11,605 + Rs.1,20,151 = Rs. 2,31,756/2 = Rs.1,15,878
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Deeds executed by BUDA, which are admittedly the sale deeds
pertaining to fully developed area. The extent of lands in
those sale deeds are on sq.ft. basis and not guntas.
Considering all these factors, we apply referred Sale Deeds to
the agricultural land in question and come to conclusion that
interest of justice would be met if 50% of the cost is deducted
towards development. The Apex Court in the aforesaid
decisions has clearly held that the costs of development vary
from nature of land and purpose of its acquisition. Keeping in
mind the enunciation of law laid down by the Apex Court and
to maintain parity among the land losers, as the acquired
lands are situate in the same area, same village, having same
potentiality and all being acquired under the same notification,
we are of the considered view that it would be just and
appropriate to determine the market value of the subject
lands at Rs.58,000/- (Fifty eight thousand rupees) per gunta.
The claimants are also entitled to solatium, statutory benefits
and interest as per law.
19. For the foregoing reasons, we pass the following:
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ORDER
a) All the appeals/cross-objections filed by the
claimants as well as Beneficiary are partly
allowed.
b) The impugned judgments and awards of the
Reference Court are modified by re-
determining the market value of the subject
lands at Rs.58,000/- (Fifty eight thousand
rupees) per gunta with solatium, statutory
benefits and interest as per the provision of the
Act, 1894.
c) The records indicate that in some of the cases,
the appellants/cross objectors have not paid
Court Fee/Deficit Court Fee as per law.
d) Registry to verify and notify the respective
parties for payment of deficit Court fee if any.
On such notification, the claimants/Beneficiary
shall make good of the Court Fee/Deficit Court
Fee within a period of four weeks thereafter.
e) Registry shall transmit back the original TCR to
the Reference Court forthwith.
f) The claimants are permitted to withdraw the
amount in deposit before the Reference Court
on producing proper identification.
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g) The BUDA is directed to deposit the
compensation amount in terms of judgment
and award within a period of eight weeks from
the date of receipt of certified copy of this
judgment.
h) Registry to draw modified award accordingly
after payment of Court Fees as per law.
i) No order as to costs.
Pending interlocutory applications, if any, do not survive
for consideration.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
JTR/ct-an
