Karnataka High Court
Nanjamma vs Special Land Acquisition Officer on 30 July, 2024
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MFA No. 3870 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 3870 OF 2021 (LAC)
BETWEEN:
NANJAMMA,
W/O B. M. KADEGOWDA
AGED ABOUT 63 YEARS
BYADARAHALLI
SALAGOPPALU GRAMA
KATTAYA HOBLI
HASSAN.
...APPELLANT
(BY SRI. JAYANTH VENKATARAM., ADVOCATE FOR
SRI. SIDDHARTH SUMAN., ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER,
HRP-II,
HASSAN - 571 187.
Digitally signed by KORLAHALLI 2. CHIEF SECRETARY
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
KARNATAKA
GOVERNMENT OF KARNATAKA
VIDHAN SOUDHA
BENGALURU- 560 001.
3. EXECUTIVE ENGINEER
YAGACHI PROJECT
HASSAN - 571 187.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR., AGA)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 05.01.2015 PASSED
IN LAC NO.35/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE,
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MFA No. 3870 of 2021
HASSAN PARTLY ALLOWING THE REFERENCE PETITION U/S.18(1)
OF LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
and
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)
This appeal has been preferred challenging the
judgment and award dated 5th January 2015, passed in
LAC.No.35/2014, on the file of Addl.Senior Civil Judge,
Hassan.
2. Heard Sri Jayanth Venkataram, learned counsel for
the appellant and Sri Mahantesh Shettar, learned
Addl.Government Advocate for the respondents.
3. By issuing preliminary notification on 11.02.2009,
followed by final notification dated 23.11.2011, two pieces
of agricultural lands measuring 18 guntas and 10 guntas in
survey No.131/7 and survey No.131/8 respectively of
Bydarahalli Village, Hassan Taluk, belonging to the
appellant were acquired by the government in connection
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with Yagachi Reservoir Project. The Land Acquisition
Officer awarded compensation of Rs.77,200/- per acre by
the award dated 23.12.2011. Aggrieved by the same, the
appellant approached the reference court by filing
LAC.No.35/214. After holding enquiry, the reference court
enhanced the compensation to Rs.15,000/- per gunta by
passing the impugned award. Not being satisfied with the
enhancement, the appellant has approached this court.
4. The appellant's counsel has brought to our notice
the judgments in MFA.No.8873/2018, disposed of on
17.02.2022 (Javaregowda -vs- Special Land Acquisition
Officer and others) and MFA.No.8703/2018, disposed of on
25.09.2021 (Lakshmegowda -vs- Special Land Acquisition
Officer and others), where in connection with acquisition
under the same notifications, this court enhanced the
compensation to Rs.1 lakh per gunta. In view of the
enhancement already given by this court in the said
appeals, the appellant also becomes entitled to
enhancement in the same manner.
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Therefore, the Appeal is allowed. The compensation
awardable to the appellant is enhanced to Rs.1 lakh per
gunta with other statutory benefits.
Sd/-
JUDGE
Sd/-
JUDGE
bk/
