Karnataka High Court
Shivakumar S/O Rajashekarayya vs The Special Land Acquisition Officer on 12 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3380
MFA No. 25807 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 25807 OF 2012 (LAC)
BETWEEN:
1. SHIVAKUMAR S/O. RAJASHEKARAYYA
KAMBALIHIREMATH,
AGE: ABOUT 41 YEARS,
OCC: AGRICULTURE,
R/O. MARANABASARI-582132,
TQ: RON, DIST: GADAG.
2. SMT. SHARADAMMA
W/O. APPAYYA KAMBLIHIREMATH,
AGE ABOUT 57 YEARS, OCC: HOUSE HOLD WORK,
R/O. MARANABASARI-582132,
TQ: RON, DIST: GADAG.
SINCE DEAD REPRESENTED BY
HER LEGAL REPRESENTATIVES
APPELLANTS 3 TO 7 IN THIS APPEAL.
BHARATHI
HM
(AMENDED AS PER VIDE COURT ORDER
Digitally signed by
BHARATHI H M
DATED 14.09.2023)
Date: 2024.02.21
11:59:13 +0530
3. UMESH S/O. APPAYYA KAMBALIHIREAMATH
AGE ABOUT 36 YEARS, OCC: AGRICULTURE,
R/O. MARANABASARI-582132,
TQ: RON, DIST: GADAG.
4. SMT. ANNAPURNA,
D/O. APPAYYA KAMBALIHIREMATH
AGE ABOUT 35 YEARS,
OCC: AGRICULTURE,
R/O. MARANABASARI-582132,
TQ: RON, DIST: GADAG.
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MFA No. 25807 of 2012
5. MALLIKARJUNAYYA,
S/O. APPAYYA KAMBALIHIREMATH,
AGE: ABOUT 34 YEARS, OCC: AGRICULTURE,
R/O. MARANABASARI-582132,
TA. RON, DIST: GADAG.
6. SMT. SULOCHANA,
W/O. RACHAYYA KAMBLIHIREMATH,
AGE: ABOUT 31 YEARS,
OCC: HOUSEHOLD WORK,
R/O. MARANABASARI-582132,
TA. RON, DIST: GADAG.
7. KUMARI SOUMYA,
D/O. RACHAYYA KAMBLIHIREMATH,
AGE: ABOUT 10 YEARS,
OCC: STUDENT REP. BY HER M/G APP NO.6,
R/O. MARANABASARI-582132,
TA: RON, DIST: GADAG.
8. MRUTYUNJAYA S/O. SIDDAYYA
KAMBALIMATH @ KAMBALIHIREMATH,
AGED ABOUT 52 YEARS, OCC: AGRICULTURE,
R/O. MARANABASARI-582132,
TQ: RON, DIST: GADAG. SINCE DEAD BY HIS LR'S
8A. SMT. ANNAPURNA,
W/O. LATE M. KAMBLIHIREMATH,
AGED ABOUT 64 YEARS, OCC: HOUSEWIFE,
R/O. SRI. SHIVASIDDASRI NILAY,
BEHIND NEW SAI BABA TEMPLE,
NEAR P & T QUARTERS,
HATALAGERI ROAD,
GADAG POST, TALUK & DISTRICT-582101.
8B. SRI. SIDDALINGASWAMI,
S/O. LATE MRUTHYUNJAYASWAMI
KAMBALIHIREMATH,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O. SRI. SHIVASIDDASRI NILAY,
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MFA No. 25807 of 2012
BEHIND NEW SAI BABA TEMPLE,
NEAR P & T QUARTERS, HATALAGERI ROAD,
GADAG POST, TALUK & DISTRICT-582101.
8C. SRI. SHASHIDARSWAMI,
S/O. LATE MRUTHYUNJAYASWAMI,
KAMBALIHIREMATH,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. SRI. SHIVASIDDASRI NILAY,
BEHIND NEW SAI BABA TEMPLE,
NEAR P & T QUARTERS, HATALAGERI ROAD,
GADAG POST, TALUK & DISTRICT-582101.
8D. SRI. SHREESHAILASWAMI,
S/O. LATE MRUTHYUNJAYASWAMI,
KAMBALIHIREMATH,
AGE: 35 YEARS, OCC: PRIVATE WORK,
R/O. SRI. SHIVASIDDASRI NILAY,
BEHIND NEW SAI BABA TEMPLE,
NEAR P & T QUARTERS, HATALAGERI ROAD,
GADAG POST, TALUK & DISTRICT-582101.
8E. KUM. BHAGYALAXMI,
D/O. LATE MRUTHYUNJAYASWAMI
KAMBALIHIREMATH,
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O. SRI. SHIVASIDDASRI NILAY,
BEHIND NEW SAI BABA TEMPLE,
NEAR P & T QUARTERS,
HATALAGERI ROAD,
GADAG POST, TALUK & DISTRICT-582101.
8F. SMT. SARVAMANGALA,
W/O. ASHOK VASTRAD,
AGE: 45 YEARS, OCC: TEACHER,
R/O. AND C/O. SRI. ASHOK I. VASTRAD,
BEHIND P & T QUARTERS,
NEAR SWAMI VIVEKANANDA GARDEN,
VIVEKANAND NAGAR,
GADAG POST, TALUK & DISTRICT-582101.
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MFA No. 25807 of 2012
8G. SMT. DR. SAVITA W/O. MAHANTESH PATIL,
AGE: 40 YEARS, OCC: DOCTOR,
R/O. PLOT NO.122, 1ST MAIN,
NEAR VIVEKANAND ASHRAMA,
CHANNABASAVESWAR NAGAR,
DHARWAD POST, TALUK & DISTRICT-580007.
...APPELLANTS
(BY SRI. SATISH M.S., ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION
OFFICER/ASSISTANT COMMISSIONER,
GADAG DIVISION, GADAG.
2. THE EXECUTIVE ENGINEER (ELECT)
O & M, K.E.B,
NOW K.P.T.C.L, GADAG.
...RESPONDENTS
(BY SRI. PRAVEEN Y. DEVAREDDIYAVAR, HCGP FOR R1,
SRI. B. S. KAMATE, ADV. FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.54(1) OF
LAND ACQUISITION, 1894, PRAYING TO ENHANCE THE MARKET
VALUE OF RS.20,000/- PER GUNTAS TO THE APPELLANTS AS LAND
BEARING R. S. NO.64/3, MEASURING 3 ACRES 03 GUNTAS,
SITUATED AT UNACHAGERI AND R. S. NO.64/2 MEASURING 0 ACRES
27 GUNTAS SITUATED AT GAJENDRAGAD, TOTALLY, TO THE EXTENT
OF 3 ACRES 30 GUNTAS BELONGING TO THE CLAIMANTS/
APPELLANTS IN RON TALUK OF GADAG DISTRICT, AND AWARD ALL
STATUTORY BENEFITS, BY MODIFYING THE JUDGMENT AND AWARD
DATED 31.07.2012 PASSED IN LAC NO.452/2006 BY THE HON'BLE
SENIOR CIVIL JUDGE, RON AND PASS ANY SUCH JUDGMENT AND
AWARD AS THIS HON'BLE COURT DEEMS FIT INCLUDING AWARDING
OF COST, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 25807 of 2012
JUDGMENT
Heard Sri.Satish M.S., learned counsel for the
appellants and Sri.Praveen Y Devareddiyavar, learned High
Court Government Pleader for respondent No.1 and
Sri.B.S.Kamate, learned counsel for respondent No.2.
2. Though this appeal is listed for admission, with
the consent of both parties, it is taken up for final
disposal.
3. Claimants in LAC No.452/2006 on the file of
Senior Civil Judge, Ron are the appellants.
4. Facts in brief which are utmost necessary for
disposal of this case are as under:
4.1 Land belonging to the claimants in Unachageri
village and Gajendragad measuring 3 acre 3 guntas and
27 guntas respectively was acquired by the KPTCL for
establishing grid in the year 1988.
4.2 Land Acquisition Officer estimated the value of
the land in a sum of Rs.20,000/- per acre.
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4.3 Being not satisfied with the quantum of
compensation awarded for the acquired land, reference
under Section 18 of the Land Acquisition Act was filed
before the Civil Court.
4.4 Learned Senior Civil Judge, Ron registered the
said reference in LAC No.452/2006 and adjudicated the
matter and fixed land value based on sale sampler method
in a sum of Rs.28,826/- per acre by order dated
31.07.2012.
5. Being not satisfied with the quantum of
compensation awarded by the learned Reference Court,
claimants are in appeal.
6. Sri.Satish M.S., learned counsel for the
appellants reiterating the grounds urged in the appeal
memorandum, contended that Ex.P.10 is the base
document where the adjacent land was sold in a sum of
Rs.38,435/- per acre in the year 1982 and therefore,
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reasonable enhancement should be made for the acquired
land in the year 1988 and sought for allowing the appeal.
7. Per contra, learned High Court Government
Pleader and Sri.B.S.Kamate appearing for the acquiring
authority and the beneficiary support the impugned
judgment by contending that the Reference Court has
taken into consideration Ex.P.10 in a proper perspective
inasmuch as the land that was acquired under Ex.P.10 is a
non-agricultural land and Reference Court has taken into
consideration development charges at 25% and allowed
the compensation in a sum of Rs.28,826/- and sought for
dismissal of the appeal.
8. This Court having heard the arguments,
perused the material on record meticulously.
9. On such perusal of material on record,
acquisition of land belonging to claimants and amount of
compensation fixed by the Tahasildar enhanced by the
Reference Court as referred to supra is not in dispute.
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Government and beneficiary have not appealed against
the enhanced compensation fixed by the Reference Court.
10. Reference Court adopted the sale sampler
method for assessing the value of the acquired land.
Ex.P.10 is the document wherein adjacent land was sold at
the rate of Rs.38,435/- per acre. Said sale was in the year
1982.
11. Based on the same, learned counsel for the
appellants, sought for at least 10% enhancement per year
over and above Rs.38,435/- and sought for allowing the
appeal.
12. Sri.B.S.Kamate, learned counsel contended that
the acquired land in Ex.P.10 is a non-agricultural land and
therefore, the Reference Court has taken into
consideration the said aspect of the matter and deducted
25% of the value for the purpose of development charges
and arrived at Rs.28,826/- which is just and proper and
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the acquired land is an agricultural land and as such
awarded Rs.28,826/- as compensation amount.
13. Admittedly, the land that was sold in Ex.P.10 is
of the year 1982 for a sum of Rs.38,435/- per acre.
14. Whenever sale sampler method is taken into
consideration, for each year there must be some
escalation in the land value.
15. It is settled principle of law and requires no
emphasis that in the urban areas or semi-urban areas,
enhanced value at times may be 12-15% per year. In
rural areas unless there is any unexpected spike in the
land value, the average escalation value will be at the rate
of 3-5%.
16. Reference Court missed out to add some
escalation of land value over and above Rs.38,435/- which
is value of land acquired in the year 1985 in Ex.P.10.
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17. Admittedly, acquisition of lands of appellant is
in the year 1988. Therefore, some amount of escalation of
land value is necessary.
18. Fixing an appropriate and juts compensation for
the loss of land is always a serious task in a given case
especially when there is no other document is available
and the guideline document that available is of the
previous year.
19. Taking note of the fact that the acquired land is
situated completely in rural area and the project for which
land is acquired is for establishing the grid by KPTCL,
taking the land value in a sum of Rs.35,000/- per acre
especially when the land is not a non-agricultural land
would meet the end of justice in the facts and
circumstances of the present case.
20. It is a fair guess work that has been carried out
by this Court taking note of the fact that there could be
7% escalation in the land value in the rural area and since
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it is an agricultural area 30% of the land value to be
deducted towards development charges.
21. Therefore, appeal needs to be allowed in part.
22. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against Rs.28,826/- awarded by the Reference
Court, the claimants would be entitled to
compensation at the rate of Rs.35,000/- per acre
with other statutory benefits like solatium,
interest on the land value of Rs.35,000/- per
acre.
(iii) Ordered accordingly.
Sd/-
JUDGE
