Karnataka High Court
Special Land Acquisiton Officer, Ukp, ... vs Smt Renuka on 3 July, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:9059-DB
MFA No. 100630 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD 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.100630 OF 2022 (LAC)
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT NO.1,
NAVANAGAR-BAGALKOT-587101.
2. THE STATE OF KARNATAKA REPRESENTED BY
DEPUTY COMMISSIONER, BAGALKOT-587101.
- APPELLANTS
(BY SRI MADANMOHAN M.KHANNUR, AGA)
AND:
PARASAPPA S/O. YALLAPPA GOUDAR,
(DECEASED BY HIS LR'S)
SMT. RENUKA W/O. PARASAPPA GOUDAR @ GOUDAR,
1.
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
2. YALLAPPA S/O. PARASAPPA GOUDAR @ GOUDAR,
AGE: 23 YEARS, OCC: STUDENT,
Digitally signed by
VINAYAKA B V 3. GYNESH S/O. PARASAPPA GOUDAR @ GOUDAR,
Location: HIGH AGE: 22 YEARS, OCC: STUDENT,
COURT OF
KARNATAKA APPLICANT NO.1B AND 1C ARE MINORS
REPTD. MY THEIR MGM APPLICATION NO.1A,
ALL ARE R/O. BODANAYAKADINNI VILLAGE,
TQ. AND DIST: BAGALKOT-587101.
4. V.S.S BODANAYAKADINNI.
5. PRATHAMIKA KRUSHI PATTIN SAHAKARI BANK,
BODANAYAKADINNI.
- RESPONDENTS
(BY SRI HARISH S.MAIGUR, ADVOCATE FOR R1;
NOTICE TO R2 AND R3 ARE SERVED;
NOTICE TO R4 AND R5 IS DISPENSED WITH)
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NC: 2024:KHC-D:9059-DB
MFA No. 100630 of 2022
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 54(1) OF
LAND ACQUISITION ACT, 1894, AGAINST THE JUDGMENT AND
AWARD PASSED BY THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT, IN
LAC.NO.33/2015, DATED 16.06.2020 AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, S G PANDIT, J., DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is by the Special Land Acquisition Officer,
Upper Krishna Project, Bagalkot, under Section 54(1) of the
Land Acquisition Act, 1894 (for short 'Act') questioning the
judgment and award dated 16.06.2020 in LAC No. 33/2015 on
the file of the II Addl. Sr. Civil Judge & JMFC, Bagalkot,
determining the market value of the land acquired at
Rs.8,51,000/- per acre which is situated at Budanayakanahalli
of Bagalkot Taluk.
2. Heard Sri Madanmohan M. Khannur, learned AGA
appearing for the appellants and Sri Harish S. Maigur, learned
counsel for respondent no.1-claimant. Perused appeal papers
including the trial Court records.
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3. Learned counsel for the appellant would submit that
under notification dated 21.03.2011 issued u/S 4 of the Act,
large extent of land including the land of the respondent/land
loser in Sy.No.61/1 to an extent of 1 acre 10 guntas situated at
Budanayakanahalli of Bagalkot Taluk were notified for
acquisition for the purpose of canal construction. Award was
passed on 03.03.2014 determining market value of the land at
Rs.58,356/- per acre. The land loser not being satisfied with
the determination of the market value of the land, sought
reference and the Reference Court in LAC No. 33/2015
determined the market value of the land acquired at
Rs.8,51,000/- per acre based on its earlier judgment and award
in LAC No. 74/2015 in respect of the same notification and
same village.
4. Learned AGA raised several contentions, but to the Court
query admits that the judgment and award passed in LAC No.
74/2015 in respect of same notification and same village has
become final and no appeal is filed.
5. Learned counsel Sri Harish S. Maigur also would submit
that in respect of the same notification dated 21.03.2011 in
NC: 2024:KHC-D:9059-DB
respect of the same village, i.e., Budanayakanahalli of Bagalkot
Taluk, the Reference Court determined land value at
Rs.8,51,000/- per acre which has become final and the State
has satisfied the award. Thus learned counsel would submit
that the present judgment and award which is in appeal is
based on the judgment and award passed in LAC No. 74/2015
and hence it needs no interference. He therefore prays for
dismissal of the appeal.
6. Having heard the learned counsel for the parties and on
perusal of the entire appeal papers including the impugned
judgment, we are not inclined to interfere with the judgment
and award under appeal. It is clear that the judgment and
award under appeal in respect of 4(1) notification dated
21.03.2011 in respect of land in Sy. No. 61/1 situated at
Budanayakanahalli of Bagalkot Taluk, is based on the judgment
and award passed in LAC No. 74/2015 which relates to the
same notification and same village which has become final and
award is satisfied. The respondent/ land loser would be
entitled to the same market value for the lands acquired.
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7. We deem it appropriate not to interfere with the
impugned judgment and award. Accordingly, the appeal is
dismissed.
8. Pending applications, if any, stand disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
BVV
