Karnataka High Court
Osman Sab S/O Hussainsab vs The Special Land Acquisition Officer on 5 January, 2024
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NC: 2024:KHC-K:239
MSA No. 610 of 2011
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL SECOND APPEAL NO. 610 OF 2011
BETWEEN:
OSMAN SAB S/O HUSSAINSAB,
SINCE DECEASED BY LRS.
A) BANUBEE W/O LATE OSMAN SAB,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O. NAGARAL, TQ: CHINCHOLI,
DIST. KALABURAGI.
...APPELLANT
(BY SRI. NAGARAJ PATIL, ADVOCATE)
AND:
1. THE AC/LAO THROUGH,
Digitally signed SPECIAL LAND ACQUISITION OFFICER,
by SACHIN M & MIP, KALABURAGI-585102.
Location: HIGH
COURT OF
KARNATAKA 2. THE EXECUTIVE ENGINEER,
KNNL, LMP DIVISIONAL OFFICE-1,
KALABURAGI-585102.
...RESPONDENT
(BY SRI. G.B.YADAV, HCGP FOR R1;
SRI. SUDARSHAN M., ADVOCATE FOR R2)
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NC: 2024:KHC-K:239
MSA No. 610 of 2011
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 22.01.1998 PASSED IN LACA NO.252/1997 ON
THE FILE OF PRINCIPAL DISTRICT JUDGE AT GULBARGA AND
JUDGMENT AND DECREE DATED 05.07.1994 IN LAC
NO.129/1986 ON THE FILE OF ADDL. CIVIL JUDGE AT
GULBARGA AND PLEASED TO MODIFY BY ALLOWING THIS
APPEAL BY ENHANCING THE COMPENSATION OF RS.46,475/-
PER ACRE TO THE DRY LAND OF THE APPELLANT WITH
STATUTORY BENEFITS WITH COST TO THE APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
In this appeal, the appellant is assailing judgment and
award dated 22.01.1998 passed in LACA No.252 of 1997 on
the file of the Principal District Judge, Gulbarga and judgment
and decree dated 05.07.1984 in LAC No.129 of 1986 on the file
of Additional Civil Judge, Gulbarga and accordingly, sought for
modification of the quantum of compensation to an extent of
Rs.46,475/- per acre in respect of the subject land.
2. Heard Sri Nagaraj Patil, learned counsel appearing
for the appellant; Sri G.B. Yadav, learned counsel appearing for
the respondent No.1 and Sri Sudharshan M., learned counsel
appearing for the respondent No.2.
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3. Relevant facts for adjudication of the case are that,
it is not in dispute that the land in question bearing Sy.No. 41
to the extent of 04 acres, 23 guntas, belonging to the claimant
was acquired by the respondent-authorities under Section 4(1)
of the Land Acquisition Act, on 29.04.1982 and award came to
be passed on 30.09.1983, determining the compensation of
Rs.3,475/- per acre. The said award made by the Land
Acquisition Officer was questioned before the Reference Court
in LAC No.129 of 1986 and the Reference Court-Court of the
Additional City Civil Judge, Gulbarga, by its award dated
05.07.1994 enhanced the compensation to an extent of
Rs.8,000/- per acre. Feeling aggrieved by the same, the
claimant has filed LACA No.252 of 1997 before the Principal
District Judge, Gulbarga and the matter was contested by the
respondents. The Appellate Court, vide judgment and award
dated 22.01.1998, enhanced the compensation at the rate of
Rs.16,500/- per acre to the claimant with other statutory
benefits. Feeling aggrieved by the same, the claimant has
preferred this appeal.
4. Having heard the learned counsel appearing for the
parties, it is submitted by the learned counsel appearing for the
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parties that, under identical circumstance in respect of the very
same notification, this Court has enhanced the compensation to
Rs.88,110/- per acre, with all statutory benefits in MSA No.504
of 2011 and connected matters disposed of on 15.12.2023. The
said aspect of the matter was not countered by the
respondents herein. In that view of the matter, the legal
representative of the deceased appellant is entitled for similar
benefits in terms of the judgment rendered by this Court
referred to above. It is made clear that, the appellant is not
entitled for interest for a period of 4875 days as per the order
made on IA No.1 of 2011.
5. Appellant-claimant is granted three months time to
pay the necessary Court fee with the Registry. With these
observations, the appeal is disposed of.
Sd/-
JUDGE
SB
