Karnataka High Court
Sahebgouda S/O Basawanthrao Since And ... vs Special Land Acqusition Officer And Anr on 9 January, 2024
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NC: 2024:KHC-K:346
MSA No. 1087 of 2013
C/W MSA No. 1088 of 2013
MSA No. 1093 of 2013
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL SECOND APPEAL NO.1087 OF 2013
C/W
MISCL SECOND APPEAL NO.1088 OF 2013
&
MISCL SECOND APPEAL NO.1093 OF 2013 (LA)
IN MSA NO.1087/2013:
BETWEEN:
SUBHADRABAI W/O SHARANAPPA,
SINCE DECEASED BY L.RS.
1. AMARNATH S/O SHARANAPPA,
AGED ABOUT 60 YEARS,
OCC: AGRICULTURE,
Digitally signed
by SACHIN
Location: HIGH
COURT OF
2. VEERANNA S/O SHARANAPPA,
KARNATAKA AGED ABOUT 57 YEARS,
OCC: AGRICULTURE,
ALL R/O GOBBURA (K),
TALUK AFZALPUR, DIST. GULBARGA.
...APPELLANTS
(BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE)
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NC: 2024:KHC-K:346
MSA No. 1087 of 2013
C/W MSA No. 1088 of 2013
MSA No. 1093 of 2013
AND:
1. SPECIAL LAND ACQUSITION OFFICER,
M & MIP, GULBARGA.
2. THE EXECUTIVE ENGINEER,
M.I. DIVISION, GULBARGA.
...RESPONDENTS
(BY SRI. G.B. YADAV, HCGP)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 25.01.2010
PASSED IN LACA NO.75/2008 BY THE I ADDL. DISTRICT
JUDGE, GULBARGA, MODIFYING THE JUDGEMENT AND AWARD
DATED 27.09.2003 PASSED IN LAC NO.192/2001 BY THE PRL.
CIVIL JUDGE (SR.DN.), GULBARGA AND GRANT ENHANCED
COMPENSATION BY FIXING ENHANCED MARKET VALUE AT
RS.32,200/- PER ACRE FOR DRY LAND AND RS.48,000/- PER
ACRE FOR IRRIGATED LAND IN ADDITION TO THE ONE
DETERMINDED BY THE COURTS BELOW.
IN MSA NO.1088 OF 2013:
BETWEEN
1. BHIMABAI W/O SHANKARAPPA
SINCE DECEASED BY HER LRS
I.E. APPELLANT NO.2 AND 3 HEREIN
2. HANMANTHRAYA S/O SHANKARAPPA,
AGE: 52 YEARS, OCC: AGRICULTURE,
3. NAGANNA S/O SHANKARAPPA,
AGE: 47 YEARS, OCC: AGRICULTURE,
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NC: 2024:KHC-K:346
MSA No. 1087 of 2013
C/W MSA No. 1088 of 2013
MSA No. 1093 of 2013
ALL R/O GOBBURA (K),
TQ. AFZALPUR, DIST. GULBARGA
...APPELLANTS
(BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE)
AND
1. SPECIAL LAND ACQUSITION OFFICER,
M & MIP, GULBARGA.
2. THE EXECUTIVE ENGINEER,
M.I. DIVISION, GULBARGA.
...RESPONDENTS
(BY SRI. G.B. YADAV, HCGP)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 25.01.2010
PASSED IN LACA NO.1/2009 BY THE I ADDL. DISTRICT JUDGE,
GULBARGA, MODIFYING THE JUDGEMENT AND AWARD DATED
27.09.2003 PASSED IN LAC NO.190/2001 BY THE PRL. CIVIL
JUDGE (SR.DN.), GULBARGA AND GRANT ENHANCED
COMPENSATION BY FIXING ENHANCED MARKET VALUE AT
RS.32,200/- PER ACRE FOR DRY LAND AND RS.48,000/- PER
ACRE FOR IRRIGATED LAND IN ADDITION TO THE ONE
DETERMINDED BY THE COURTS BELOW.
IN MSA NO.1093 OF 2013:
BETWEEN
SAHEBGOUDA S/O BASAWANTHARAO,
SINCE DECEASED BY L.RS.
1. PARWATIBAI
W/O SAHEBGOUDA,
AGED ABOUT 60 YEARS,
OCC: HOUSEHOLD & AGRICULTURE,
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NC: 2024:KHC-K:346
MSA No. 1087 of 2013
C/W MSA No. 1088 of 2013
MSA No. 1093 of 2013
2. KASTURIBAI W/O CHANNAPPA,
OCC: HOUSEHOLD & AGRICULTURE,
BOTH R/O GOBBURA (K),
TQ. AFZALPUR, DIST. GULBARGA.
...APPELLANTS
(BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE)
AND
1. SPECIAL LAND ACQUSITION OFFICER,
M & MIP, GULBARGA.
2. THE EXECUTIVE ENGINEER,
M.I. DIVISION, GULBARGA.
...RESPONDENTS
(BY SRI. G.B. YADAV, HCGP)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 25.01.2010
PASSED IN LACA NO.81/2008 BY THE I ADDL. DISTRICT
JUDGE, GULBARGA, MODIFYING THE JUDGEMENT AND AWARD
PASSED IN LAC NO.204/2001 BY THE PRL. CIVIL JUDGE
(SR.DN.), GULBARGA AND GRANT ENHANCED COMPENSATION
BY FIXING ENHANCED MARKET VALUE AT RS.4,000/- PER ACRE
FOR DRY LAND AND RS.8,000/- PER ACRE FOR IRRIGATED
LAND IN ADDITION TO THE ONE DETERMINDED BY THE
COURTS BELOW.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:346
MSA No. 1087 of 2013
C/W MSA No. 1088 of 2013
MSA No. 1093 of 2013
JUDGMENT
In these appeals, the appellants are challenging the
judgments and awards made in Land Acquisition Case
Appeals by the I Additional District Judge, Gulbargba,
seeking enhancement of the compensation.
2. Heard the learned counsel appearing for the
parties.
3. Having taken note of the submission made by
the learned counsel appearing for the parties, the
appellants herein claims to be the claimants, filed LAC
appeals, seeking compensation in respect of the various
lands mentioned in the appeals, which have been sought
to be acquired by the respondents authorities for the
purpose of construction of Gobbur tank. Respondent -
Government has issued notification seeking acquisition of
the lands in question on 10.04.1984 and thereafter, the
possession was taken on 23.06.1995.
4. Learned counsel appearing for the appellants
places reliance on the judgment passed in LAC Appeal
NC: 2024:KHC-K:346
No.398/2016 dated 24.04.2017 by the I Addl. District
Judge, Kalaburagi, wherein under similar circumstances, in
respect of the land acquired by the respondent authorities,
the Appellate Court has enhanced the compensation to
Rs.74,806/- per acre for the dry land and Rs.1,12,209/-
per acre for the wet land.
5. It is also stated at the Bar that, the
compensation awarded by the Appellate Court in LAC
Appeal No.398/2016 has been satisfied by the respondents
authorities. In that view of the matter, in order to
maintain the uniformity insofar as awarding of
compensation is concerned, I am of the view that, the
appellants in these appeals are entitled for the similar
treatment and as such, they are entitled for the
compensation as sated above. The appellants are entitled
for all statutory benefits including interest thereunder as
awarded by the First Appellate Court. The appellants are
also entitled for cost.
NC: 2024:KHC-K:346
6. Appellants are permitted to pay the Deficit
Court Fee within three months from the date of this order.
Sd/-
JUDGE
LG
List No.: 1 Sl No.: 25.1, 25.2, 25.5
