Karnataka High Court
The Special Land Acquisition Officer vs Sangappa Adiveppa Balikai on 2 July, 2024
Author: S G Pandit
Bench: S G Pandit
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MFA No. 101793 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.101793 OF 2019 (LAC)
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT,
BILAGI, TQ: BILAGI.
2. THE STATE OF KARNATAKA,
REPRESENTED BY DEPUTY COMMISSIONER,
NAVANAGAR, BAGALKOT,
- APPELLANT
(BY SRI MADANMOHAN M.KHANNUR, AGA)
AND:
SANGAPPA ADIVEPPA BALIKAI,
AT POST, ROLLI, TQ. BILAGI,
DIST. BAGALKOT-587116.
- RESPONDENT
(BY SRI SAJID GOODWALA, ADVOCATE FOR
Digitally signed
by VINAYAKA B V SRI JAGADISH PATIL, ADVOCATE)
Location: HIGH
COURT OF THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
KARNATAKA
SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894, PLEASED TO
SET ASIDE THE JUDGMENT AND AWARD DATED 06.07.2018 IN
L.A.C. NO.4/2013 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC,
BILAGI IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, S G PANDIT, J., DELIVERED THE
FOLLOWING:
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MFA No. 101793 of 2019
JUDGMENT
The appellant/Special Land Acquisition Officer is before
this Court in this appeal u/S 54(1) of the Land Acquisition Act,
1894 (for short 'Act') questioning the judgment and award
dated 06.07.2015 in LAC No. 4/2013 on the file of Senior Civil
Judge & JMFC, Bilagi, praying for reduction of market value.
2. Heard Sri Madanmohan M. Khannur, learned AGA for
appellants and Sri Sajid Goodwala, for Sri jagadish Patil,
appearing for the respondent/landloser.
3. Appellant issued notification u/S 4(1) of the Act to acquire
large extent of land including the land of the respondent/ land
loser under notification dated 08.01.1997. Award was passed
on 06.11.2012 determining the market value of land at
Rs.1,56,506/- per acre. Respondent/land loser not being
satisfied with the same sought reference and on reference,
under the impugned judgment and award the Reference Court
fixed the market value of the land at Rs.5,75,000/- per acre for
pomegranate growing land apart from awarding compensation
on the trees standing on the land.
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4. Sri Madanmohan M. Khannur, learned AGA would contend
that the market value determined by the Reference Court is on
the higher side and there is no material placed on record by the
respondent/ land loser for determination of the land value at
Rs.5,75,000/- per acre. Learned counsel would further submit
that the Reference Court committed grave error in placing
reliance on the decision of this Court in M.F.A. No. 2968/2007
c/w M.F.A. CROB. No. 313/2007 dated 02.12.2008.
5. Per contra, Sri Sajid Goodwala, learned counsel appearing
for the respondent/ land loser would submit that the Reference
Court taking note of the fact that the respondent/ land loser
was growing pomegranate and drumstick and considering the
trees standing on the land determined Rs.5,75,000/- per acre
as value of the land and also granted compensation for the
standing trees. Learned counsel would submit that the
Reference Court rightly placed reliance on the judgment of this
Court dated 02.12.2008 in M.F.A. No. 2968/2007 c/w M.F.A.
CROB. No. 313/2007 wherein land pertained to LAC
No.80/2005 arising out of the same notification and the same
year. Notification u/S 4(1) of the Act in the present case is
08.01.1997 whereas preliminary notification u/S 4(1) of the Act
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in M.F.A. No. 2968/2007 was 20.01.2007. The villages
involved in both the appeals are one and the same, i.e., Rolli
village and the purpose of acquisition was for Upper Krishna
project. Thus he submits that in terms of the judgment in
M.F.A. No. 2968/2007 c/w M.F.A. CROB No. 313/2007, the
present appeal is liable to be dismissed.
6. The land in question i.e., Sy. No. 142/3 to an extent of 1
acre 23 guntas of Rolli village, Bilagi Taluk was notified for
acquisition u/S 4(1) of the Act dated 08.01.1997, award was
passed on 06.11.2012 determining the market value at
Rs.1,56,506/-. On reference determined market value at
Rs.5,75,000/- per acre apart from awarding compensation on
standing trees.
7. This Court had an occasion to consider the acquisition of
land from the same village, i.e., Rolli village, for the same
purpose, i.e., Upper Krishna Project, in M.F.A. No. 2968/2007
in respect of notification dated 28.01.1997 and in the said
appeal this Court determined market value of the land at
Rs.5,75,000/- per acre wherein also in the said land
pomegranate was grown. The said judgment dated 02.12.2008
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in M.F.A. No. 2968/2007 c/w M.F.A. CROB. No. 313/2007 has
become final since no appeal is filed against the said judgment.
8. The State is not in a position to substantiate their
contention as to why the market value determined at
Rs.5,75,000/- based on the earlier judgment of this Court
dated 02.12.2008 in M.F.A. No. 2968/2007 c/w M.F.A. CROB.
No. 313/2007 is not correct. When this Court has already
determined the market value of a similar land wherein similar
crop is grown, for the notification of the same year 1997, we
are not inclined to interfere with the judgment and award under
challenge wherein also it involved land of the same village, i.e.,
Rolli village, and acquisition is also of the same year.
9. No ground is made out to interfere with the impugned
judgment and award. Accordingly, the appeal stands
dismissed.
Pending applications, if any, also stand rejected.
Sd/-
JUDGE
Sd/-
JUDGE
