Karnataka High Court
Abdul Majid S/O Late Abdul Rashid vs The Special Acquisition Officer, And ... on 11 January, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
-1-
NC: 2024:KHC-K:495-DB
MFA No.201635 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.201635 OF 2015 (LAC)
BETWEEN:
1. ABDUL MAJID
S/O LATE ABDUL RASHID
AGED ABOUT 55 YEARS,
OCC AGRICULTURE
R/O LATIFPURA
TQ & DIST: BIDAR.
2. ABDUL MUJEEB DIED HIS LRS
2(A) RAZIYA BEGUM
W/O LATE ABDUL MUJEEB
AGED ABOUT:52 YEARS
Digitally signed OCC: AGRICULTURE & HOUSE HOLD
by SWETA
KULKARNI
Location: HIGH
COURT OF 2(B) KUSTER FATIMA
KARNATAKA D/O LATE ABDUL MUJEEB
AGED ABOUT:37 YEARS
OCC: AGRICULTURE & HOUSE HOLD
2(C) MOHD. VIKAR AHMED
S/O LATE ABDUL MAJEEB
AGED ABOUT:36 YEARS
OCC: AGRICULTURE & HOUSEHOLD
2(D) HEENA BEGUM
D/O LATE ABDUL MUJEEB
AGED ABOUT: 35YEARS
OCC: AGRICULTURE & HOUSEHOLD
-2-
NC: 2024:KHC-K:495-DB
MFA No.201635 of 2015
2(E) MOHD. ABDUL RASHEED
S/O LATE ABDUL MUJEEB
AGED ABOUT: 34 YEARS
OCC: AGRICULTURE & HOUSEHOLD
(ALL ARE R/O MIRZAPUR (THE),
TQ.BIDAR
NOW AT H.NO.2-3-40/2
LATIPURA, BIDAR)
3 ABDUL ALEEM
S/O LATE ABDUL RASHID
SINCE DECEASED BY LRS.
A) SHABANA BEGUM
W/O. LATE ABDUL ALEEM (WIFE)
AGED ABOUT 45 YEARS
OCC: HOUSEHOLD
B) SHAHNAAZ FATIMA
D/O. LATE ABDUL ALEEM (DAUGHTER)
AGED ABOUT 25 YEARS
OCC: HOUSEHOLD
C) UZAMA AMREEN
D/O. LATE ABDUL ALEEM
W/O SY. TABREZ (DAUGHTER)
AGED ABOUT 23 YEARS
OCC: HOUSEHOLD
D) MOHD. ABDUL SAQLAIN AHMED
S/O. LATE ABDUL ALEEM (SON)
AGED ABOUT 20 YEARS
OCC: STUDENT
E) ZOHA AMREEN
D/O. LATE ABDUL ALEEM (DAUGHTER)
AGED ABOUT 18 YEARS
OCC: STUDENT
F) JAVERIYA ANJUM
D/O. LATE ABDUL ALEEM (DAUGHTER)
AGED ABOUT 16 YEARS
OCC: STUDENT
-3-
NC: 2024:KHC-K:495-DB
MFA No.201635 of 2015
U/G. OF NATURAL MOTHER
SHABANA BEGUM
W/O. LATE ABDUL ALEEM
G) AQSA FATIMA D/O LATE ABDUL ALEEM (DAUGHTER)
AGED ABOUT 16 YEARS
OCC: STUDENT
U/G. OF NATURAL MOTHER SHABANA BEGUM
W/O LATE ABDUL ALEEM
ALL R/O H.NO.2-3-40,LATEEFPURA
BIDAR - 585 401, TQ. & DIST. BIDAR.
4 ABDUL BARI DIED HIS LRS
A) SMT. ASIFA BEGUM @ JABEEN
W/O LATE ABDUL BARI
AGED ABOUT: 39 YEARS
OCC: AGRICULTURE,
B) SUMAYYA JABEEN
D/O LATE ABDUL BARI
AGED ABOUT: 19 YEARS
OCC: AGRICULTURE,
C) SANJA JABEEN
D/O LATE ABDUL BARI
AGE: (MINOR), OCC: STUDENT
D) MAHVEEN JABEEN
D/O LATE ABDUL BARI
AGE:(MINOR), OCC: STUDENT
E) MOHD. SAQIB S/O LATE ABDUL BARI
AGE:(MINOR), OCC: STUDENT
(SL.NO.4(C) TO 4(E) MINOR ARE
UNDER THE GUARDIANSHIP OF
THEIR REAL MOTHER L.R.NO.4(A)
ASIFA BEGUM @ JABEEN
W/O LATE ABDUL BARI,
ALL ARE R/O BIDAR)
...APPELLANTS
-4-
NC: 2024:KHC-K:495-DB
MFA No.201635 of 2015
(BY SRI R.S. SIDHAPURKAR, ADVOCATE)
AND:
1. THE SPECIAL ACQUISITION OFFICER
KARANJA PROJECT, BIDAR - 585 401.
2. THE EXECUTIVE ENGINEER, (M.I.,)
BIDAR - 585 401.
...RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, GA FOR R1 AND R2)
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL,
MODIFIED THE JUDGMENT AND AWARD DATED: 31.03.2015
PASSED IN L.A.C NO.7/2006 BY THE PRINCIPAL SENIOR CIVIL
JUDGE, BIDAR AND ENHANCE THE COMPENSATION AT THE
RATE OF RS.46/- PER SFT., WITH ALL STATUTORY BENEFITS
AS CLAIMED IN THIS APPEAL, WITH COSTS, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the land-losers seeking
enhancement in the market value determined under the
impugned judgment and award dated 31.03.2015 in LAC
No.7/2006 on the file of the Prl. Senior Civil Judge at Bidar
NC: 2024:KHC-K:495-DB
[for short, 'the Reference Court']. The Reference Court has
determined the market value of the appellants' land in
Sy.No.7/2 measuring 20 guntas in Mirzapur-T village, Bidar
District at the rate of Rs.6,81,000/- per acre.
2. This land in Sy.No.7/2 measuring 20 guntas in
Mirzapur-T village, Bidar District [subject property] and other
lands are notified for acquisition on 23.07.2001 for
construction of Ashtoor tank with the publication of such
notification in the gazette on 09.08.2001. The final
notification dated 24.08.2002 is published in the gazette on
19.09.2002. The concerned SLAO has passed award fixing
the market value of the land at Rs.43,000/- per acre and
granting an additional sum of Rs.2,56,000/- towards the
value of the well. The appellants have filed the subject
reference for enhancement under Section 18 of the Land
Acquisition Act, 1894 [for short, 'the LA Act'].
3. This reference stands disposed of by the
impugned judgment and award dated 31.03.2015 enhancing
the market value of the subject property to Rs.6,81,000/-
NC: 2024:KHC-K:495-DB
per acre. The Reference Court has observed that the
appellants would be entitled for additional market value at
the rate of 12% on the market value from the date of
preliminary notification till the date of award under Section
23(1A) of the LA Act, for solatium at 30% on the market
value and interest at the rate of 9% per annum. The
Reference Court has determined the market value at
Rs.6,81,000/- per acre based on the decision in another
reference in LAC No.74/2004 on its file. The subject
property is Sy.No.7/2 of Mirzapur-T village, Bidar District,
the land that is subject matter of the reference in LAC
No.74/2004 is Sy.No.7/1 of Mirzapur-T village, Bidar
District, and these are admittedly adjacent lands.
4. Sri R.S. Sidhapurker, the learned counsel for the
appellants, submits that there must be just enhancement in
the market value of the subject property because unlike the
land that is subject matter of the proceedings in LAC
No.74/2004, the land in Sy.No.7/2 is within the Municipal
limits and undeniably there is a well within this property
which is utilized for the purpose of providing water even
NC: 2024:KHC-K:495-DB
today under the multi village drinking water scheme. Sri
Mallikarjun C. Basareddy, the learned Government
Advocate, is heard in the light of this submission.
5. This Court is not persuaded to opine that there
must be any enhancement on either count. The appellants
have produced and marked the award in LAC No.74/2004
as an evidence of exemplar value. The appellants indeed
contended that the subject property is within the municipal
limits of Mirzapur-T village but without further stating that
the land that is subject matter of LAC No.74/2004 is outside
such limits. The subject property and the land that is
subject matter of reference in LAC No.74/2004 are in the
same survey number viz., Sy.No.7 but in two different sub-
divisions. This indisputable circumstance undermines the
appellants' case. Further, the appellants are granted a sum
of Rs.2,56,000/- as compensation towards value of the well
and the assertion that the well is used even today to supply
water to multiple localities is not a circumstance that could
prevail.
NC: 2024:KHC-K:495-DB
Hence, the appeal stands dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
SWK
Ct;Vk
