Karnataka High Court

Shri Kariyappa S/O Mudakappa Manihal vs The Assistant Commissioner on 31 July, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                          NC: 2024:KHC-D:10814
                                                    MSA No. 100129 of 2022
                                                C/W MSA No. 100116 of 2022
                                                    MSA No. 100128 of 2022
                                                    MSA No. 100135 of 2022


                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                           DATED THIS THE 31ST DAY OF JULY, 2024
                                           BEFORE
                  THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


                      MISCELLANEOUS SECOND APPEAL NO. 100129 OF 2022
                                          C/W
                      MISCELLANEOUS SECOND APPEAL NO. 100116 OF 2022
                      MISCELLANEOUS SECOND APPEAL NO. 100128 OF 2022
                      MISCELLANEOUS SECOND APPEAL NO. 100135 OF 2022

                 IN MSA NO.100129/2022
                 BETWEEN:

                 SHRI. KARIYAPPA S/O. NINGAPPA MANIHAL,
                 AGE: 59 YEARS, OCC: AGRICULTRAL,
                 R/O: SUNNAL - 591123.
                 TQ: RAMDURG, DIST: BELAGAVI.
                                                                    ...APPELLANT

                 (BY SRI. G.N. NARASAMMANAVAR AND
                     SRI. P. V. SAMBARGI, ADVOCATES)

                 AND:

YASHAVANT        1.   THE ASSISTANT COMMISSIONER,
NARAYANKAR            BAILHONGAL AT: BAILHONGAL,
                      TQ: BAILHONGAL - 591102
Location: HIGH        DIST: BELAGAVI.
COURT OF
KARNATAKA        2.   THE DEPUTY COMMISSIONER, BELAGAVI,
                      AT: BELAGAVI
                      TQ & DIST: BELAGAVI - 590001.

                 3.   THE TAHASILDAR RAMDURG, RAMDURG,
                      AT: RAMDURG - 591123

                                                                  ...RESPONDENTS

                 (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 & R2)
                               -2-
                                         NC: 2024:KHC-D:10814
                                    MSA No. 100129 of 2022
                                C/W MSA No. 100116 of 2022
                                    MSA No. 100128 of 2022
                                    MSA No. 100135 of 2022


       THIS MSA IS FILED U/S 54(2) OF THE LAND ACQUISITION ACT

1894, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF

RS.3,66,000/- PER ACRE WITH ALL STATUTORY BENEFITS BY

MODIFYING THE JUDGMENT AND AWARD PASSED IN LAC NO.

117/2008 DTD 22.12.2009 PASSED BY THE CIVIL JUDGE (SR. DN)

RAMDURG AND LAC APPEAL NO.175/2019 DTD 10.08.2022 PASSED

BY THE XITH ADDITIONAL DISTRICT AND SESSIONS JUDGE,

BELAGAVI IN THE INTEREST OF JUSTICE AND THIS APPEAL BE

ALLOWED WITH COSTS.


IN MSA NO.100116/2022
BETWEEN:

1.   SHRI. KARIYAPPA S/O MUDAKAPPA MANIHAL,
     AGE: 61 YEARS, OCC: AGRICULTRAL,
     R/O: SUNNAL - 591123
     TQ: RAMDURG, DIST: BELAGAVI DISTRICT.

2.   SHRI. YALLAPPA S/O. MUDAKAPPA MANIHAL,
     AGE: 58 YEARS, OCC: AGRICULTRAL,
     R/O: SUNNAL - 591123
     TQ: RAMDURG, DIST: BELAGAVI DISTRICT.
                                                 ...APPELLANTS

(BY SRI. G.N. NARASAMMANAVAR AND
    SRI. P. V. SAMBARGI, ADVOCATES)

AND:

1.   THE ASSISTANT COMMISSIONER,
     BAILHONGAL, AT: BAILHONGAL,
     TQ: BAILHONGAL - 591102
     DIST: BELAGAVI.

2.   THE DEPUTY COMMISSIONER,
     BELAGAVI AT: BELAGAVI,
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                                             NC: 2024:KHC-D:10814
                                      MSA No. 100129 of 2022
                                  C/W MSA No. 100116 of 2022
                                      MSA No. 100128 of 2022
                                      MSA No. 100135 of 2022


     TQ & DIST: BELAGAVI - 590001.

3.   THE TAHASILDAR RAMADRUG,
     RAMDURG,
     AT. RAMDURG - 591123
                                                   ...RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3)

      THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1894, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF
RS.3,66,000/- PER ACRE WITH ALL STATUTORY BENEFITS BY
MODIFYING    THE   JUDGMENT   AND     AWARD      PASSED   IN    LAC
NO.118/2019 DATED 22.12.2009 PASSED BY THE CIVIL JUDGE
(SR.DN),   RAMDURG    AND   LAC     APPEAL     NO.176/2019     DATD
10.08.2022 PASSED BY THE XI ADDITIONAL DISTRICT & SESSIONS
JDUGE, BELAGAVI IN THE INTERST OF JUSTICE AND THIS APPEAL
BE ALLOWED WITH COSTS.


IN MSA NO.100128/2022
BETWEEN:

1.   SHRI. HUSAINSAB S/O. SAIDUSAB MUDDAPUR
     SINCE DECEASED BY HIS LRS
     SMT. JAFFERBEE ALIAS JAPHARABI W/O. HUSAINSAB,
     MUDDAPUR, AGE: 74 YEARS,
     OCC: HOUSE HOLD, R/O: SUNNAL,
     TAL: RAMDURG - 591123,
     BELAGAVI DISTRICT.

2.   SHRI. SAIYADASAB S/O. HUSENSAB MUDDAPUR,
     AGE: 27 YEARS, OCC: STUDENT,
     R/O: SUNNAL, TAL: RAMDURG-591123,
     BELAGAVI DISTRICT.
                                                     ...APPELLANTS

(BY SRI. G.N. NARASAMMANAVAR AND
    SRI. P. V. SAMBARGI, ADVOCATES)
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                                         NC: 2024:KHC-D:10814
                                    MSA No. 100129 of 2022
                                C/W MSA No. 100116 of 2022
                                    MSA No. 100128 of 2022
                                    MSA No. 100135 of 2022


AND:

1.   THE ASSISTANT COMMISSIONER,
     BAILHONGAL, AT: BAILHONGAL,
     TQ: BAILHONGAL - 591102
     DIST: BELAGAVI.

2.   THE DEPUTY COMMISSIONER,
     BELAGAVI AT: BELAGAVI,
     TQ AND DIST: BELAGAVI - 590001

3.   THE TAHASILDAR RAMDURG,
     RAMDURG, AT: RAMDURG - 591123.
                                               ...RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3)

       THIS MSA IS FILED U/S 54(2) OF THE LAND ACQUISITION ACT
1894, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF
RS.3,66,000/- PER ACRE WITH ALL STATUTORY BENEFITS BY
MODIFYING    THE   JUDGMENT   AND     AWARD   PASSED   IN   LAC
NO.120/2008 DTD 22.12.2009 PASSED BY THE CIVIL JUDGE (SR.
DN) RAMDURG AND LAC APPEAL NO.178/2019 DTD 10.08.2022
PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI IN THE INTEREST OF JUSTICE AND THIS APPEAL BE
ALLOWED WITH COSTS.


IN MSA NO.100135/2022
BETWEEN:

SHRI. HASANASAB S/O. SAIDASAB KUDAWAN,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: SUNNAL, TAL: RAMDURG - 591123
BELAGAVI DISTRICT.
                                                  ...APPELLANTS

(BY SRI. G.N. NARASAMMANAVAR AND
    SRI. P. V. SAMBARGI, ADVOCATES)
                               -5-
                                        NC: 2024:KHC-D:10814
                                    MSA No. 100129 of 2022
                                C/W MSA No. 100116 of 2022
                                    MSA No. 100128 of 2022
                                    MSA No. 100135 of 2022


AND:

1.   THE ASSISTANT COMMISSIONER,
     BAILHONGAL, AT: BAILHONGAL,
     TQ: BAILHONGAL - 591102
     DIST: BELAGAVI.

2.   THE DEPUTY COMMISSIONER,
     BELAGAVI, AT BELAGAVI,
     TQ AND DIST: BELAGAVI - 590001.

3.   THE TAHASILDAR RAMDURG
     RAMDURG, AT: RAMDURG - 591123.
                                              ...RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3)

       THIS MSA IS FILED U/S 54(2) IF LAND ACQUISITION ACT

1894, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF

RS.3,66,000/- PER ACRE WITH ALL STATUTORY BENEFITS BY

MODIFYING    THE   JUDGMENT   AND   AWARD   PASSED    IN     LAC

NO.119/2008 DTD 22.12.2009 PASSED BY THE CIVIL JUDGE (SR DN)

RAMDURG AND LAC APPEAL NO.177/2019 DTD 10.08.22 PASSED BY

THE XITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI

IN THE INTEREST OF JUSTICE AND THIS APPEAL BE ALLOWED WITH

COSTS.


       THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:


CORAM:    THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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                                            NC: 2024:KHC-D:10814
                                      MSA No. 100129 of 2022
                                  C/W MSA No. 100116 of 2022
                                      MSA No. 100128 of 2022
                                      MSA No. 100135 of 2022


                        ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

These appeals are filed by appellants -claimant

under Section 54 (2) of the Land Acquisition Act, 1894

(hereinafter referred as to 'L.A. Act' for brevity) for

enhancement of the market value at the rate of

Rs.3,66,000/- per acre with all statutory benefits by

modifying the judgment and award passed by the

Reference Court and also by the Appellate Court.

2. Appellants are owners of the agricultural land

situated at Sunnal village of Ramdurga Taluk.

Respondents have acquired the land of appellants for the

purpose of rehabilitation of Sunnal village. Respondents

have published preliminary notification under Section 4(1)

of the L.A. Act on 18.01.2007 and awarded an amount of

Rs.62,000/- per acre on 17.07.2008. Being aggrieved by

award passed, appellants have filed reference application

under Section 18 of the L.A. Act and same referred to the

Civil Court (for short 'reference court'). The Reference

NC: 2024:KHC-D:10814

Court fixed the market value of acquired land in a sum of

Rs.2,60,000/- per acre. Appellants having not satisfied

with award amount approached the Appellate Court. The

Appellate Court has enhanced the market value and fixed

the market value at Rs.3,00,000/- per acre. Appellants -

claimants not satisfied with the market value fixed by the

Appellate Court are before this Court.

3. Heard learned counsel for appellants -claimants

and learned High Court Government Pleader for

respondents.

4. Learned counsel for appellants -claimants

would contend that the Reference Court in para No.16 of

the judgment considered the yield per acre referring the

yield certificate -Ex.P17 has calculated the market value in

sum of Rs.3,66,000/- but by referring the judgment and

award passed in LAC No.44/2008 and connected cases has

fixed the market value at Rs.2,60,000/- per acre. There

was no reasons for the Reference Court to fix the market

value for acquired land in a sum Rs.2,60,000/-instead of

NC: 2024:KHC-D:10814

Rs.3,66,000/- per acre. He contends that the Appellate

Court even taken into consideration of the yield certificate

-Ex.P17 but has not calculated the market value based on

that yield certificate and simply came to the conclusion

that market value is Rs.3,00,000/- per acre. Based on

reasons stated in para No.16 of the judgment of the

Reference Court, appellants are entitled for compensation

of Rs.3,66,000/- per acre for the acquired land. With this,

he prayed to allow appeals.

5. Learned High Court Government Pleader would

contend that the Reference Court considering the

judgment and award passed in LAC No.44/2008 and

connected cases has rightly calculated the market value

for acquired land at Rs.2,60,000/- per acre. The Appellate

Court even though has fixed the market value at

Rs.3,00,000/- per acre but has not assigned sufficient

reasons stating that appellants have not produced latest

yield certificate and land under cultivation was irrigated

NC: 2024:KHC-D:10814

land. On these grounds, she prays for dismissal of

appeals.

6. Having heard learned counsels, this Court has

perused the impugned judgments and materials placed on

record.

7. The Reference Court in para No.16 of the

judgment passed in LAC No.117/2008 has calculated the

market value for acquired land as per capitalization

method which reads thus:

16. In the yield certificate issued by the Agriculture officer Ex-p 17 it is mentioned that 40 ton of sugarcane will be grown per acre of land. It appears to be on the higher side. The average yield per acre is taken as 30 ton. In the recovery certificate it is mentioned that 110 kg of joggery will be prepared from one ton ofsugarcane. It is taken that 100 kg joggery will be prepared from one ton of sugarcane.

The price of the joggery for the relevant year 2006 & 2007 is Rs.2440-00 per quintal. If the amount fo Rs.2440-00 is multiplied by 30 it will be Rs.73,200-00. Out of this 50% of the amount is to be deducted in respect of cost of cultivation. Remaining amount will be Rs.36,600/- if this amount is multiplied by 10 it will be Rs. 3,66,000/- . It will be the market value of the acquired lands per acre as per capitalization method in view of the decision of

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Hon'ble Supreme Court reported in AIR 1984 S.C. 774 Special Land Acquisition Officer Davangere vs P. Veerabhadrappa and others.

8. Even though the Reference Court has came to

the conclusion as per capitalization method, the market

value for the acquired land will be Rs.3,66,000/- per acre

instead of giving that benefit to the claimants has

considered the market value fixed in LAC No.44/2008 and

connected matters. What is basis of market value fixed in

LAC No.44/2008 and connected matters are not

enumerated by the Reference Court. Only on the ground

that lands acquired are situated near the Sunnal village