Karnataka High Court
Karnataka Neeravari Nigam Ltd vs The Deputy Commissioner on 8 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2850
MFA No. 102079 of 2014
C/W MFA No. 102080 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102079 OF 2014 (LAC)
C/W
MISCELLANEOUS FIRST APPEAL NO.102080 OF 2014
IN MFA NO.102079/2014
BETWEEN:
KARNATAKA NEERAVARI NIGAM LTD,
REPRESENTED BY ITS EXECUTIVE ENGINEER,
UPPAR TUNGA PROJECT,
KAMODOD ROAD, RANEBENNUR,
DIST: HAVERI.
...APPELLANT
(BY SRI. RAKESH M. BILKI, REP.
SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
Digitally 1. THE DEPUTY COMMISSIONER,
signed by
SAMREEN
SAMREEN AYUB
D. C. COMPLEX, DEVAGIRI ROAD,
AYUB DESHNUR
DESHNUR Date:
2024.02.15
HAVERI DISTRICT, HAVERI.
13:26:31
+0530
2. THE SPECIAL LAND ACQUISITION OFFICER,
UPPAR TUNGA PROJECT,
KAMODOD ROAD, RANEBENNUR,
DIST: HAVERI.
3. SRI. GOUSHANSAB
S/O. HIMMATKHAN SOUDAGAR,
SINCE DECEASED BY HIS LRS.
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MFA No. 102079 of 2014
C/W MFA No. 102080 of 2014
3A. SMT. IRSHADBI
W/O. GOUSKHAN SOUDAGAR,
AGE: 58 YEARS, OCC. HOUSE HOLD WORK,
3B. SRI. JULFIKAR ALIKHAN
S/O. GOUSKHAN SOUDAGAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
BOTH ARE R/O. RANEBENNUR, HAVERI.
...RESPONDENTS
(BY SRI. PRAVEEN Y.DEVAREDDIYAVAR, HCGP FOR R1 AND 2,
SRI. M. H. PATIL, ADV. FOR RESPONDENT NO.3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/SEC.54(1) OF THE LAND ACQUISITION ACT, PRAYING TO
CALL FOR THE RECORDS IN LAC NO.57/2010 DATED 28-06-
2013 ON THE FILE OF LEARNED PRL. SENIOR CIVIL JUDGE
AND JMFC RANEBENNUR AND ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL.
SENIOR CIVIL JUDGE AND JMFC RANEBENNUR IN LAC
NO.57/2010 DATED 28-06-2013. FURTHER IF THIS HON'BLE
COURT IS PELASED TO HOLD THAT THE CLAIMANTS DESERVE
ENHANCEMENT OF MARKET VALUE OF THE ACQUIRED LAND
THE SAME BE REDUCED TO RS. 1,00,000/- PER ACRE AND ETC.
IN MFA NO. 102080/2014
BETWEEN
KARNATAKA NEERAVARI NIGAM LTD,
REPRESENTED BY ITS EXECUTIVE ENGINEER,
UPPAR TUNGA PROJECT,
KAMODOD ROAD, RANEBENNUR,
DIST: HAVERI.
...APPELLANT
(BY SRI. RAKESH M. BILKI, ADVOCATE REP.
SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
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MFA No. 102079 of 2014
C/W MFA No. 102080 of 2014
AND
1. THE DEPUTY COMMISSIONER,
D. C. COMPLEX, DEVAGIRI ROAD,
HAVERI DISTRICT, HAVERI.
2. THE SPECIAL LAND ACQUISITION OFFICER,
UPPAR TUNGA PROJECT,
KAMODOD ROAD, RANEBENNUR,
DIST: HAVERI.
3. SRI. SHEKARAGOUDA @
CHANDRASHEKHARAGOUDA,
S/O. MUDAKANAGOUDA PATIL,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O. KOONABEVU, TAL: RANEBENNUR,
DIST: HAVERI.
...RESPONDENTS
(BY SRI. PRAVEEN Y.DEVAREDDIYAVAR, HCGP FOR R1 AND 2;
SRI. M.H. PATIL, ADVOCATE FOR RESPONDENT NO.3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/SEC.54(1) OF THE LAND ACQUISITION ACT, PRAYING TO
CALL FOR THE RECORDS IN LAC NO.58/2010 DATED 28-06-
2013 ON THE FILE OF LEARNED PRL. SENIOR CIVIL JUDGE
AND JMFC RANEBENNUR AND ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE PRL.
SENIOR CIVIL JUDGE AND JMFC RANEBENNUR IN LAC
NO.58/2010 DATED 28-06-2013. FURTHER, IF THIS HON'BLE
COURT IS PELASED TO HOLD THAT THE CLAIMANTS DESERVE
ENHANCEMENT OF MARKET VALUE OF THE ACQUIRED LAND
THE SAME BE REDUCED TO RS. 1,00,000/- PER ACRE AND ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 102079 of 2014
C/W MFA No. 102080 of 2014
JUDGMENT
Though the matter is listed for admission, same is taken
up for final disposal.
2. Heard Sri.Rakesh Bilki, learned counsel representing
Sri.Shivaraj C. Bellakki, learned counsel for the appellant and
Sri.M.H.Patil, learned counsel for respondent No.3.
3. Karnataka Neeravari Nigam Limited is the appellant
challenging the validity of the judgment and award passed in
LAC No.59/2010 and connected matters dated 28.06.2013 on
the file of Prl. Senior Civil Judge and JMFC, Ranebennur.
4. Admitted facts in brief which are utmost necessary for
disposal of the appeals are as under:
Lands of the claimant/respondent No.3 were acquired for
the purpose of construction of Canal under the Upper Tunga
Project. L.A.O. has fixed Rs.37,000/- per acre as compensation
for the acquired land.
5. Being aggrieved by the same, claimants sought for
enhancement in LAC No.59/2010 and other connected matters
to the reference Court under Section 18 of the Land Acquisition
Act.
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6. Reference Court on holding an enquiry, allowed the
claim petition in a sum of Rs.3,71,800/- per acre, with
statutory benefits.
7. Being aggrieved by the same, Karnataka Neeravari
Nigam Limited is in appeal.
8. Sri.Rakesh Bilki, learned counsel submits that in
respect of the same project, the Executive Engineer, Upper
Tunga Project had filed an appeal before II Additional District
and Sessions Judge, Haveri (sitting at Ranebennur) in MA
No.251/2014 arising out of the reference under Section 18 of
Land Acquisition Act which was numbered as LAC No.78/2010.
The II Additional District and Sessions Judge has awarded the
compensation in a sum of Rs.3,63,000/- per acre in the said
appeal which has become final.
9. Therefore, the appellant has sought for passing an
order reducing the compensation from Rs.3,71,800/- to
Rs.3,63,000/-.
10. Sri.M.H.Patil, learned counsel representing
respondent No.3/claimant did not dispute the fact that the
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claimants in LAC No.78/2010 are entitled for Rs.3,63,000/- and
it has become final.
11. Therefore, a case has been made out by the
appellant to reduce the compensation from Rs.3,71,800/- to
Rs.3,63,000/- with statutory benefits.
12. Hence, following:
ORDER
(i) Appeals are allowed in part as against sum of
Rs.3,71,800/- per acre as the compensation,
respondent No.3/claimant is entitled to
Rs.3,63,000/- per acre with statutory benefits.
(ii) Office is directed to pass the modified award.
Sd/-
JUDGE
KAV
