Karnataka High Court
Pamappa S/O Bangareppa Decd By Lrs vs The Land Acquisition Officer on 3 July, 2024
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NC: 2024:KHC-D:9098
MFA No. 100762 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.100762 OF 2018 (LAC)
BETWEEN:
PAMAPPA S/O. BANGERAPPA,
SINCE DECEASED BY HIS LRS.
1. HANUMAPPA S/O. PAMAPPA KALAL,
SINCE DECEASED BY HIS LRS.
1A SRI. RAGHAVENDRA
S/O. HANUMAPPA @ HANUMATHAPPA KALAL,
AGED ABOUT 38 YEARS,
OCC. AGRICULTURE.
1B SMT. DURGAMMA D/O. HANUMAPPA
@ HANUMATHAPPA KALAL,
AGED ABOUT 36 YEARS, OCC: AGRICULTURE.
1C SRI. VENKOBA S/O. HANUMAPPA
Digitally signed @ HANUMATHAPPA KALAL,
by MANJANNA AGED ABOUT 33 YEARS,
E
OCC: AGRICULTURE.
Location: HIGH
COURT OF
KARNATAKA 1D SRI. MANJUNATH S/O. HANUMAPPA
@ HANUMATHAPPA KALAL,
AGED ABOUT 30 YEARS,
OCC: AGRICULTURE.
1E SMT. LAKSHMI D/O. HANUMAPPA
@ HANUMATHAPPA KALAL,
AGED ABOUT 29 YEARS,
OCC: AGRICULTURE.
APPELLANTS NO.1(A) TO 1(E) ARE
RESIDENTS OF 19TH WARD,
KURUBAR ONI, NEAR DURGAMMA
TEMPLE, HOSAPETE
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NC: 2024:KHC-D:9098
MFA No. 100762 of 2018
TALUK AND DISTRICT: HOSAPETE.
2. RAMANNA S/O. PAMAPPA KALAL
AGED ABOUT: 52 YEARS
OCC. AGRICULTURE, R/O. BHEEMANUR,
TALUK AND DISTRICT: KOPPAL.
3. SMT. SHANTHAMMA
D/O. BANGERAPPA AND
W/O. LATE MARTEPPA,
AGED ABOUT: 54 YEARS,
OCC: AGRICULTURE,
R/O. BHEEMANUR
TALUK AND DISTRICT: KOPPAL.
...APPELLANTS
(BY SRI B. SHARANABASAWA, ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER,
AND ASSISTANT COMMISSIONER,
TALUK AND DISTRICT: KOPPAL.
2. THE EXECUTIVE ENGINEER
MINOR IRRIGATION DIVISION,
KUSHTAGI, DISTRICT: KOPPAL.
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1 AND R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, 1894 PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 08.03.2017 PASSED BY
THE SENIOR CIVIL JUDGE AT KOPPAL, IN LAC.NO.61/2013 BY
ENHANCING THE COMPENSATION AND BY AWARDING SUCH OTHER
STATUTORY AND MONETARY BENEFITS TO THE APPELLANTS, ALONG
WITH INTEREST AND COSTS BY ALLOWING THIS APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:9098
MFA No. 100762 of 2018
JUDGMENT
This appeal is filed by the claimants/landlosers, who
are seeking enhancement of compensation challenging the
award passed in LAC No.61/2013 on the file of learned
Senior Civil Judge, Koppal.
2. The appellants' lands bearing Sy.No.22(22)
measuring 1 acre 27 guntas and land bearing
Sy.No.33(33) measuring 28 guntas, including 4 guntas of
pot kharad land which are situated at Bheemanur Village,
Koppal Taluk were acquired for a project. The Special Land
Acquisition Officer considered the valuation for the year
2007 and awarded compensation of Rs.25,750/- per acre.
Aggrieved by the said award, on a reference, the reference
Court awarded a compensation of Rs.2,04,767/- per acre.
3. The learned counsel for the appellants/land losers
referring to the judgment of this Court in MFA
No.102175/2017 disposed off on 06.04.2021 and MFA
No.100925/2018 disposed off on 29.09.2023 submits that
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the compensation to be enhanced to Rs.3,80,000/- per
acre.
4. The learned Government Advocate appearing for
the respondents-State also submits that referring to the
judgment of this Court cited supra, the compensation is to
be enhanced to Rs.3,80,000/- per acre.
5. This Court has perused the aforesaid judgments.
In the aforesaid judgments, the lands were acquired under
a notification dated 08.03.2007.
6. Learned Government Advocate would submit that
the lands in this case and the lands in MFA
No.102175/2017 and MFA No.100925/2018 are of
neighbouring villages and they are acquired for the same
project.
7. Learned counsel for the appellants/landlosers also
submits that the lands in this case and the land in MFA
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No.102173/2017 disposed on 06.04.2021 are from the
same village and acquired for the same project.
8. Submission of the learned Government Advocate
is placed on record and following the afore mentioned
judgments, this Court is of the view that the
appellants/landlosers are entitled for a compensation of
Rs.3,80,000/- per acre, with all consequential benefits
with costs.
9. In this appeal, the appellants have claimed
compensation of Rs.3,50,000/- per acre. Hence, this Court
is of the view that since the compensation is enhanced to
Rs.3,80,000/- per acre, the appellants have to pay the
Court fee for the remaining amount(i.e., for Rs.30,000),.
Further, the claimants are not entitled for interest for the
delayed period of 247 days.
Accordingly, the appeal is allowed. The
appellants/landlosers are entitled for a compensation of
Rs.3,80,000/- per acre. However, the appellants are not
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entitled for interest on the enhanced compensation on the
delayed period of 247 days.
Registry is directed to draw the decree after receipt
of the Court fee.
All pending IAs, if any, stands disposed of.
Sd/-
JUDGE
MN
