Karnataka High Court
Hanmanth S/O Chandappa vs The Special Land Aquisition Officer on 5 February, 2024
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MSA No. 836 of 2012
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL SECOND APPEAL NO. 836 OF 2012 (LAC)
BETWEEN:
1. HANAMANTH S/O CHANDAPPA,
SINCE DECEDASED BY HIS LRS.
SMT.RATNAMMA W/O HANAMANTH,
SINCE DECEASED BY LRS.
1.A JAGANNATH S/O HANAMANTHAA,
AGE: 55 YEARS, OCC: AGRICULURE,
1.B PRABHU S/O HANNAMANTHAPPA,
AGE: 55 YEARS, OCC: AGRICULTURE
BOTH R/O YELAMAMDI, TQ: CHINCHOLI,
DIST: KALABURAGI.
...APPELLANTS
Digitally
signed by (BY SRI. NAGARAJ PATIL, ADVOCATE)
SACHIN
Location:
HIGH COURT AND:
OF
KARNATAKA
1. THE SPECIAL LAND AQUISITION OFFICER
M & MIP GULBARGA.
2. THE EXECUTIVE ENGINEER,
KNNL, LMP DIVISIONAL OFFICE-1,
KALABURAGI-585102.
...RESPONDENTS
(BY SRI. G.B. YADAV,AGA FOR R-1;
SRI.SUDARSHAN M, ADVOCATE FOR R-2)
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MSA No. 836 of 2012
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISTION ACT, PRAYING TO MODIFY THE COMMON
JUDGMENT AND AWARD DATED 28.10.20211 PASSED IN LACA
NO.228/2010 ON THE FILE OF III ADDL.DISTRICT & SESSIONS
AT GULBARGA AND JUDGMENT AND DECREE DATED
31.07.2002 IN LAC NO.731/2001 ON THE FILE OF PRL.CIVIL
JUDGE(SR.DN) AT GULBARGA AND PLEASED TO MODIFY THE
JUDGMENT AND DECREE BY ENHANCING THE COMPENSATION
OF FROM RS.91,385/- TO RS.1,70,327/- PER ACRE INCLUDING
8 % ESCALATION FOR 3 YEARS TO THE DRY LAND OF THE
APPELLANT WITH STATUTORY BENEFITS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by the original claimant,
seeking enhancement of compensation, challenging,
the judgment and award dated 28.10.2011 passed in
LACA No.228 of 2013 on the file of the III Additional
District and Sessions Judge, at Gulbarga, awarding
compensation of Rs.91,385/- per acre with other
consequential benefits.
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2. For the sake of convenience, the parties in this
appeal shall be referred to in terms of their status and
ranking before the Reference Court.
3. Heard Sri Nagaraj Patil, learned counsel
appearing for the appellant and Sri G.B. Yadav,
Learned Additional Government Advocate appearing
on behalf of respondent-State and Sri Sudharshan .M.,
learned counsel appearing for the respondent No.2.
4. It is the case of the claimant/appellants that
appellants are owners in possession of the land in
question, which has been acquired by the respondent-
authorities for construction of Lower Mallamari as per
the Preliminary notification issued on 14.08.1997
under Section 4(1) of the Land Acquisition Act. The
SLAO, by award dated 14.09.1999, fixed the market
value of the land at Rs.29,000/- per acre. Feeling
aggrieved by the same the claimants have preferred
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petition under Section 18(1) of the Land Acquisition
Act, and the Reference Court, by judgment and award
dated 31.07.2002, enhanced the compensation to
Rs.44,500/- per acre. Thereafter the claimants have
preferred appeal under Section 54 of the Land
Acquisition Act, in LACA No.228 of 2010 on the file of
III Additional District Judge at Gulbarga and the
Appellate Court by its judgment and award dated
28.10.2011, determined the market value of the land
at Rs.91,385/- per acre for dry lands in respect of the
acquired land with all statutory benefits. Feelings
aggrieved by the same, the claimants have preferred
presented this appeal, seeking enhancement of
compensation.
5. Having taken note of the submission made by the
learned counsel appearing for the parties, learned
counsel appearing for the appellants made available
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the judgment and award dated 09.11.2007 in MSA
No.839 of 2012 and argued that in identical case in
respect of the very same village, this court has
enhanced the compensation insofar as dry land at
Rs.1,42,706/- per acre. The said aspect was not
countered by the learned counsel appearing for the
respondents. However, taking into consideration the
fact that, the preliminary notification in the
aforementioned appeal, was issued on 17.03.1994 and
in the present appeal, the preliminary notification was
issued on 14.08.1997 and therefore, the appellants
are entitled for escalation to the extent of 8% per
year, which comes to Rs.1,76,325/-.
6. Accordingly, the appeal is allowed-in-part. The
judgment and award made by the Lower Appellate
Court is modified and appellants are entitled for
compensation of Rs.1,76,325/- per acre, with all
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consequential statutory benefits. The appellants are
entitled for cost of the proceedings in entirety.
7. The appellant/claimants are not entitled for
interest for a period of 901 days in preferring the
appeal.
8. The claimant /appellants are entitled for refund of
court fee, accordingly.
Sd/-
JUDGE
SB
