Karnataka High Court
The Additinal Special Land vs Smt.Dyamavva W/O Sangappa Totad on 22 February, 2024
Author: S G Pandit
Bench: S G Pandit
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MFA No.101233 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO.101233 OF 2019 (LAC)
BETWEEN:
1. THE ADDITIONAL SPECIAL LAND
ACQUISITION OFFICER,
UKP NO.1 UPPER KRISHNA PROJECT,
NAVANAGAR, BAGALKOT-361001.
2. THE STATE OF KARNATAKA
R/BY THE DEPUTY COMMISSIONER,
BAGALKOT-587101.
...APPELLANTS
(BY SMT. KIRTILATA PATIL, HCGP)
AND:
1. SMT. DYAMAVVA W/O SANGAPPA TOTAD,
2. BASAMMA W/O SHANKRAPPA HAKARI,
3. CHANNABASAPPA S/O SANGAPPA TOTAD,
KM
Digitally signed
by K M
SOMASHEKAR
4. YAMANAPPA S/O BASAPPA TOTAD,
SOMASHEKAR Date:
2024.02.24
10:22:33
+0530
5. SIDDAPPA S/O BASAPPA TOTAD,
6. IRAPPA S/O BASAPPA TOTAD,
ALL RESPONDENTS ARE MAJOR, AND
R/O. BODANAYAKADINNI, TQ: BAGALKOT,
NOW AT GULABAL, TQ:DIST: BAGALKOT-587117.
...RESPONDENTS
(BY SRI. LINGARAJ MARADI, ADVOCATE)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST JUDGMENT AND AWARD DTD 06.04.2018 PASSED IN
LAC.NO.93/2015 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE
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MFA No.101233 of 2019
AND JMFC, BAGALKOT, PARTLY ALLOWING REFERENCE PETITION
UNDER SECTION 18 OF LAND ACQUISITION ACT.
THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned HCGP Smt. Kirtilata R Patil for the
appellants/State Authorities and learned counsel Sri. Lingaraj
Maradi for the respondents/claimants. Perused the appeal
papers.
2. This appeal is filed under Section 54(1) of the Land
Acquisition Act, 1894 (for short, '1894 Act') questioning the
correctness and legality of the judgment and award dated
6.4.2018 in LAC No.93/2015 on the file of learned II Addl.
Senior Civil Judge and JMFC, Bagalkot.
3. Learned HCGP would submit that the market value
determined by the reference Court at Rs.8,51,000/- per acre
for the lands situated at Bodanayakadinni, Bagalkot Taluk is on
the higher side. Learned HCGP submits that the reference
Court while determining the market value of the lands in
question, failed to take note of the material on record. Learned
HCGP would further submit that there is no material on record
to come to a conclusion that the market value of the lands in
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question determined at Rs.8,51,000/- per acre. It is submitted
that while determining the market value of the lands acquired,
the reference Court shall have to take note of non-agricultural
potentiality, its connectivity, crops grown, development in and
around the lands. She further submits that the
claimants/respondents have not placed on record any material
with regard to non-agricultural potentiality or development
taken place in and around land in question. It is further
submitted that the reference Court failed to determine the
market value of the lands in question based on the methods
laid down by the Hon'ble Apex Court. In that circumstance,
learned HCGP prays for setting aside the judgment and award
under appeal.
4. Per contra, learned counsel Sri.Lingaraj Maradi
would submit that the reference Court has rightly determined
the market value of the lands in question at Rs.8,51,000/- per
acre. He further submits that the land of the
respondents/claimants in RS No.106/3 measuring 1 acre 14
guntas situated at Bodanayakadinni, Bagalkot Taluk was
acquired under preliminary notification issued under Section
4(1) of the 1894 Act, dated 18.12.2009. He would further
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submit that for the lands in Bodanayakadinni, Bagalkot Taluk
acquired under notification dated 18.4.2010 as well as 5.7.2011
in LAC No.34, 71 and 74 of 2015, the reference Court
determined the market value of the lands at Rs.8,51,000/- per
acre and the government has accepted the said judgment, paid
the compensation and no appeal is preferred against those
cases. He therefore, submits that based on the aforesaid LACs,
the reference Court has rightly determined the market value at
Rs.8,51,000/- per acre for the lands acquired under notification
dated 18.12.2009. Further, learned counsel would submit that
the claimants would be entitled for similar
treatment/determination of the land value as fixed by the
reference Court for the lands acquired in the nearest period.
Thus, he prays for dismissal of the appeal.
5. Having heard the learned counsel for the parties
and on perusal of the appeal papers, we are of the view that
the appellants/State Authorities have not made out ground to
interfere with the impugned judgment and award passed by the
reference Court determining the market value of the land in
question at Rs.8,51,000/- per acre.
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6. Admittedly, the land bearing RS No.106/3
measuring 1 acre 14 guntas situated at Bodanayakadinni,
Bagalkot Taluk was notified for acquisition under preliminary
notification issued under Section 4(1) of the 1894 Act, dated
18.12.2009 and thereafter, award was passed on 23.05.2012.
The award notice was issued under Section 12(2) of the 1894
Act on 25.5.2012 and the SLAO determined the market value of
the acquired land at Rs.52,593/- per acre. On reference, the
reference Court enhanced the same to Rs.8,51,000/- per acre.
7. A perusal of the impugned judgment and award
would indicate that the reference Court while fixing the market
value of the land in question at Rs.8,51,000/- per acre, took
note of the market value determined for the lands in the same
village i.e., Bodanayakadinni, Bagalkot Taluk, acquired under
notification dated 18.4.2010 and 5.7.2011, which are nearer to
the notification under which land in question is acquired. In
LAC Nos.34, 71, and 74 of 2015, which pertains to preliminary
notification dated 18.4.2010 and 5.7.2011, in respect of lands
acquired in Bodanayakadinni, Bagalkot Taluk, the reference
Court determined the market value of the land at Rs.8,51,000/-
per acre. The said determination of the market value at
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Rs.8,51,000/- per acre is accepted by the government
satisfying the award. More over, no appeal is filed against
those LACs. The reference Court has observed that those lands
are nearest to the acquired lands involved in the present case
and the claimants/land losers would be entitled for similar
determination of the land value and therefore, determination of
land value taking note of earlier judgment in respect of same
village of the same period is proper and correct. Hence, we do
not find any good ground to interfere with the impugned
judgment and award passed by the reference Court.
Accordingly, appeal stands rejected.
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
