Karnataka High Court
Shri.Bharmanna S/O Parish Kattimani vs The Assistant Commissioner on 8 August, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC-D:11282
MFA No. 102840 of 2019
C/W MFA No. 102839 of 2019
MFA No. 102841 of 2019
MFA No. 102842 of 2019
MFA No. 102843 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF AUGUST 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 102840 OF 2019
C/W
MISCELLANEOUS FIRST APPEAL NO. 102839 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 102841 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 102842 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 102843 OF 2019
IN MFA NO.102840/2019
BETWEEN:
SHRI. SUBASH S/O RAIGOUDA PATIL,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE, TQ: HUKKERI,
DIST:BELAGAVI.
...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR FOR SRI. P.V. SAMBARGI AND
SRI. BASAVARAJ S. BYAKOD, ADVOCATES)
AND:
Location:
BHARATHI HIGH
HM COURT OF
1. THE ASSISTANT COMMISSIONER,
KARNATAKA
BELAGAVI SUB DIVISION,
BELAGAVI, TQ: BELAGAVI,
DIST: BELAGAVI - 590001.
2. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DAK BANGLOW,
SHAHAPUR - 590006,
TQ: BELAGAVI, DIST: BELAGAVI.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS MFA FILED U/SEC. 74 OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO
-2-
NC: 2024:KHC-D:11282
MFA No. 102840 of 2019
C/W MFA No. 102839 of 2019
MFA No. 102841 of 2019
MFA No. 102842 of 2019
MFA No. 102843 of 2019
ENHANCED THE MARKET VALUE AT THE RATE OF RS.5,00,000/- PER
ACRE WITH ALL STATUTORY BENEFITS BY MODIFYING THE
JUDGMENT AND AWARD PASSED IN LAC NO.159/2017 DATED
16.04.2019 PASSED BY THE COURT OF THE 1ST ADDL. DISTRICT &
SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE AND
THIS APPEAL BE ALLOWED WITH COSTS.
IN MFA NO.102839/2019
BETWEEN:
1. SHRI. BABU S/O. PESHAPPA KATTIMANI,
AGE: 76 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE -591309,
TQ: HUKKERI, DIST: BELAGAVI.
PARESH S/O. PESHAPPA KATTIMANI,
DEAD. BY HIS LEGAL HEIRS
SMT. KASTURI W/O. PARESH KATTIMANI
DEAD. BY HER LEGAL HEIRS
2(a). SMT. SHANTAWWA W/O. DEVAPPA AKKOLI,
AGE: 52 YEARS, OCC: HOUSE HOLD WORK,
R/O: MAVANUR VILLAGE - 591122
TQ: HUKKERI, DIST: BELAGAVI.
3. SMT. AWWAKKA W/O. PARESH KATTIMANI,
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O: BELAVI VILLAGE -591309,
TQ: HUKKERI, DIST: BELAGAVI.
4. SHRI. BHARMANNA @ BHARAMAPPA
S/O. PARESH KATTIMANI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE - 591309
TQ: HUKKERI, DIST: BELAGAVI.
5. SHRI. BALAPPA S/O. PARESH KATTIMANI
AGE:42 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE - 591309
TQ: HUKKERI, DIST: BELAGAVI.
6. SHRI. DHUNDAPPA S/O. KALLAPPA KATTIMANI,
-3-
NC: 2024:KHC-D:11282
MFA No. 102840 of 2019
C/W MFA No. 102839 of 2019
MFA No. 102841 of 2019
MFA No. 102842 of 2019
MFA No. 102843 of 2019
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE - 591309
TQ: HUKKERI, DIST: BELAGAVI.
7. SHRI. PESHAPPA S/O. KALLAPPA KATTIMANI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE -591309
TQ: HUKKERI, DIST: BELAGAVI.
...APPELLANTS
(BY SRI. G.N. NARASAMMANAVAR ADVOCATE FOR SRI. P.V.
SAMBARGI AND SRI. BASAVARAJ S. BYAKOD, ADVOCATES)
AND:
1. THE ASSISTANT COMMISSIONER,
BELAGAVI SUB DIVISION, BELAGAVI,
TQ: BELAGAVI, DIST: BELAGAVI - 5900001.
2. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION, DAK BANGLOW,
SHAHAPUR - 590006, TQ: BELAGAVI,
DIST: BELAGAVI.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS MFA FILED U/SEC. 74 OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO
ENHANCE THE MARKET VALUE AT THE RATE OF RS.5,00,000/- PER
ACRE WITH ALL STATUTORY BENEFITS BY MODIFYING THE
JUDGMENT AND AWARD PASSED IN LAC NO.158/2017 DATED
16.04.2019 PASSED BY THE COURT OF THE 1ST ADDL. DISTRICT &
SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE AND
THIS APPEAL BE ALLOWED WITH COSTS.
IN MFA NO.102841/2019
BETWEEN:
1. SHRI.DHUNDAPPA S/O. KALLAPPA KATTIMANI,
AGE:45 YEARS, OCC:AGRICULTURE,
R/O: BELAVI VILLAGE,
TQ: HUKKERI, DIST:BELAGAVI
-4-
NC: 2024:KHC-D:11282
MFA No. 102840 of 2019
C/W MFA No. 102839 of 2019
MFA No. 102841 of 2019
MFA No. 102842 of 2019
MFA No. 102843 of 2019
2. SHRI. PESHAPPA S/O. KALLAPPA KATTIMANI,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE, TQ: HUKKERI,
DIST:BELAGAVI- 591309.
...APPELLANTS
(BY SRI. G.N. NARASAMMANAVAR FOR SRI. P.V. SAMBARGI AND
SRI. BASAVARAJ S. BYAKOD, ADVOCATES)
AND:
1. THE ASSISTANT COMMISSIONER,
BELAGAVI SUB DIVISION, BELAGAVI
TQ: BELAGAVI, DIST: BELAGAVI - 590001.
2. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DAK BANGLOW,
SHAHAPUR - 590006,
TQ: BELAGAVI, DIST: BELAGAVI.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS MFA FILED U/SEC. 74 OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO
ENHANCED THE MARKET VALUE AT THE RATE OF RS.5,00,000/- PER
ACRE WITH ALL STATUTORY BENEFITS BY MODIFYING THE
JUDGMENT AND AWARD PASSED IN LAC NO.160/2017 DATED
16.04.2019 PASSED BY THE COURT OF THE 1ST ADDL. DISTRICT &
SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE AND
THIS APPEAL BE ALLOWED WITH COSTS.
IN MFA NO.102842/2019
BETWEEN:
1. SHRI. BHARMANNA S/O. PARISH KATTIMANI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE,
TQ: HUKKERI, DIST: BELAGAVI.
2. SHRI. BALAPPA S/O. PARISH KATTIMANI,
AGE: 37 YEARS, OCC: AGRICULTURE,
-5-
NC: 2024:KHC-D:11282
MFA No. 102840 of 2019
C/W MFA No. 102839 of 2019
MFA No. 102841 of 2019
MFA No. 102842 of 2019
MFA No. 102843 of 2019
R/O: BELAVI VILLAGE,
TQ: HUKKERI, DIST:BELAGAVI.
...APPELLANTS
(BY SRI. G.N. NARASAMMANAVAR FOR SRI. P.V. SAMBARGI AND
SRI. BASAVARAJ S. BYAKOD, ADVOCATES)
AND:
1. THE ASSISTANT COMMISSIONER,
BELAGAVI SUB DIVISION, BELAGAVI,
TQ: BELAGAVI, DIST: BELAGAVI 590001.
2. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DAK BANGLOW,
SHAHAPUR 590006,
TQ: BELAGAVI, DIST: BELAGAVI.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS MFA FILED U/SEC. 74 OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO
ENHANCED THE MARKET VALUE AT THE RATE OF RS.5,00,000/- PER
ACRE WITH ALL STATUTORY BENEFITS BY MODIFYING THE
JUDGMENT AND AWARD PASSED IN LAC NO.161/2017 DATED
16.04.2019 PASSED BY THE COURT OF THE 1ST ADDL. DISTRICT &
SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE AND
THIS APPEAL BE ALLOWED WITH COSTS.
IN MFA NO.102843/2019
BETWEEN:
SHRI. BABU S/O. PESHAPPA KATTIMANI,
AGE:76 YEARS, OCC: AGRICULTURE,
R/O: BELAVI VILLAGE, TQ: HUKKERI,
DIST: BELAGAVI.
...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR FOR SRI. P.V. SAMBARGI AND
SRI. BASAVARAJ S. BYAKOD, ADVOCATES)
-6-
NC: 2024:KHC-D:11282
MFA No. 102840 of 2019
C/W MFA No. 102839 of 2019
MFA No. 102841 of 2019
MFA No. 102842 of 2019
MFA No. 102843 of 2019
AND:
1. THE ASSISTANT COMMISSIONER,
BELAGAVI SUB DIVISION, BELAGAVI,
TQ: BELAGAVI,
DIST: BELAGAVI - 590001.
2. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DAK BANGLOW,
SHAHAPUR - 590006,
TQ: BELAGAVI, DIST: BELAGAVI.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS MFA FILED U/SEC. 74 OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING THAT
THIS HON'BLE COURT BE PLEASED TO ENHANCED THE MARKET
VALUE AT THE RATE OF RS.5,00,000/- PER ACRE WITH ALL
STATUTORY BENEFITS BY MODIFYING THE JUDGMENT AND AWARD
PASSED IN LAC NO.162/2017 DATED 16.04.2019 PASSED BY THE
COURT OF THE 1ST ADDL. DISTRICT & SESSIONS JUDGE, BELAGAVI,
IN THE INTEREST OF JUSTICE AND THIS APPEAL BE ALLOWED WITH
COSTS.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
Miscellaneous First Appeal No.102839/2019 is
filed by the claimant challenging inadequate
compensation awarded in LAC No.158/2017 dated
16.04.2019 by the learned I Additional District and
Sessions Judge, Belagavi.
NC: 2024:KHC-D:11282
Miscellaneous First Appeal No.102840/2019 is
filed by the claimants challenging inadequate
compensation awarded in LAC No.159/2017 dated
16.04.2019 by the learned I Additional District and
Sessions Judge, Belagavi.
Miscellaneous First Appeal No.102843/2019 is
filed by the claimant challenging inadequate
compensation awarded in LAC No.162/2017 dated
16.04.2019 by the learned I Additional District and
Sessions Judge, Belagavi.
Miscellaneous First Appeal No.102841/2019 is
filed by the claimants challenging inadequate
compensation awarded in LAC No.160/2017 dated
16.04.2019 by the learned I Additional District and
Sessions Judge, Belagavi.
Miscellaneous First Appeal No.102842/2019 is
filed by the claimants challenging inadequate
compensation awarded in LAC No.161/2017 dated
NC: 2024:KHC-D:11282
16.04.2019 by the learned I Additional District and
Sessions Judge, Belagavi.
2. In all the cases, the Reference Court has
fixed the rate of market value of the acquired lands
at Rs.4,45,000/- per acre. The lands in all the
appeals are acquired under the Notification dated
25.07.2013 and Final Notification under Section 6(1)
of the Land Acquisition Act, 1894 dated 17.07.2014.
The lands acquired in all the appeals are for the
same project and all the lands are situated in Belavi
village. The Land Acquisition Officer has fixed the
market value at the rate of Rs.1,18,746/- per acre
by passing an award under Right to Fair
Compensation, Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
(hereinafter referred to as 'the Act', for short). The
Reference Court taking into consideration the sale
agreement dated 03.11.2011 has calculated the
market value of the acquired lands and awarded
NC: 2024:KHC-D:11282
Rs.4,45,000/- per acre. It is not in dispute that the
lands acquired in all the appeals are irrigated lands.
3. The learned counsel for the appellants in
all the appeals would contend that Bellad-Bhagewadi
village is 1 kilometer from Belavi village and
Gudageri village is at a distance of 2 kilometers from
Belavi village as per the admission made by PW.1 in
his cross-examination. He contended that the
Reference Court has taken the sale agreement dated
03.11.2011 of Gudageri village which is at a distance
of 2 kilometers from Belavi village but the Reference
Court ought to have taken into consideration the
sale agreement dated 05.10.2012 of the land
situated in Bellad-Bhagewadi village which is at a
distance of 1 kilometer from Belavi village. The said
sale agreement dated 05.10.2012 is pertaining to
dry land and the lands acquired are irrigated lands
which have more value than the dry land. He
submits that as per Section 26 of the Act, registered
NC: 2024:KHC-D:11282
sale agreements immediately preceding 3 years of
the year in which lands proposed to be acquired has
to be taken into consideration which is similar type
of area in nearby village or near vicinity area. In
the sale agreement dated 05.10.2012, the very sale
price is Rs.5,00,000/- per acre for the dry land. In
the case on hand, the lands acquired are irrigated
lands having more value than the dry land. The
Reference Court ought to have considered the said
sale agreement dated 05.10.2012. On these
grounds, he prayed to fix the market value of the
acquired land in a sum of Rs.5,00,000/- per acre
based on the sale agreement dated 05.10.2012.
4. The learned High Court Government
Pleader would contend that the Reference Court has
rightly taken into consideration the sale agreement
dated 03.11.2011 which is irrigated land situated in
Gudageri village. The said land under the sale
agreement dated 03.11.2011 is an irrigated land and
NC: 2024:KHC-D:11282
so also the acquired lands are irrigated lands. The
sale agreements produced by the claimants pertains
to different village than the village in which the
acquired lands are situated. On these grounds, she
prayed to dismiss the appeals.
5. Having heard the learned counsel, this
Court has perused the impugned judgment and the
trial Court records.
6. It is not in dispute that the lands acquired
in all the appeals are irrigated lands situated in
Belavi village. As per the cross-examination of
PW.1, Belavi village is at a distance of 2 kilometers
from Gudageri village and 1 kilometer from Bellad-
Bhagewadi village. The sale agreements produced
by all the claimants are pertaining to Bellad-
Bhagewadi and Gudageri village. The sale
agreement dated 05.10.2012 is pertaining to dry
land situated in Bellad-Bhagewadi village and sale
NC: 2024:KHC-D:11282
price fixed in the said sale agreement is
Rs.5,00,000/- per acre. The sale agreement dated
03.11.2011 pertains to irrigated land situated in
Gudageri village and sale price is fixed as
Rs.20,00,000/- for 4 acres 20 guntas and on
calculation, price per acre comes to Rs.4,45,000/-.
The Reference Court has taken into consideration the
sale agreement dated 03.11.2011 considering that
the said sale agreement pertains to irrigated lands
situated in Gudgeri village. The land agreed to be
sold under sale agreement dated 05.10.2012 is a dry
land situated in Bellad-Bhagewadi village which is
nearer than the Gudageri village to Bellavi village in
which the acquired lands are situated. As the
acquired lands are irrigated lands, they have more
value than the dry lands. In view of Section 26 of
the Act, sale agreements or registered sale
agreements, or similar type of area in the near
village or near vicinity of preceding 3 years can be
NC: 2024:KHC-D:11282
taken into consideration for fixing the market value
of the acquired lands.
7. Considering the said aspect, the acquired
lands are irrigated lands situated in Belavi village
which is at a distance of 1 kilometer from Bellad-
Bhagewadi village where the sale price agreed under
sale agreement dated 05.10.2012 is Rs.5,00,000/-
per acre. The reference Court ought to have taken
the said sale price fixed in the sale agreement dated
05.10.2012 for fixing the market value of the
acquired lands. In view of the above, the market
value fixed by the Reference Court requires to be
enhanced from Rs.4,45,000/- per acre to
Rs.5,00,000/- per acre.
8. In the result, the following order:
All the appeals are allowed in part with costs.
The market value of the lands acquired is fixed at
Rs.5,00,000/- per acre. The awards passed by the
NC: 2024:KHC-D:11282
Reference Court are modified accordingly. The
claimants are entitled to other statutory benefits as
awarded by the Reference Court.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
Kmv
CT:ANB
