Karnataka High Court
Channabasappa S/O Revappa vs Special Land Acqusition Officer on 28 June, 2024
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NC: 2024:KHC-K:4457
MSA No. 1092 of 2013
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA
MISCL. SECOND APPEAL NO.1092/2013(LAC)
BETWEEN:
CHANNABASAPPA S/O REVAPPA
AGED 56 YEARS, OCC: AGRICULTURE,
R/O. DHUTTARGA, TQ. CHINCHOLI
DIST. GULBARGA.
...APPELLANT
(BY SRI GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE)
AND:
SPECIAL LAND ACQUSITION OFFICER
FOR MINOR IRRIGATION PROJECTS
DIST: GULBARGA.
Digitally signed
...RESPONDENT
by SUMITRA (BY SMT. ARCHANA P. TIWAR, AAG &
SHERIGAR
Location: HIGH SRI RAJKUMAR A. KORWAR, HCGP)
COURT OF
KARNATAKA
THIS M.S.A. IS FILED UNDER SECTION 54(2) OF THE
LAND ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL
AND MODIFY THE JUDGMENT AND AWARD DATED 30.09.1996
PASSED BY PRL. DISTRICT JUDGE, GULBARGA, IN LACA
NO.39/1993, CONFIRMING THE JUDGMENT AND AWARD
DATED 02.03.1993 PASSED IN LAC NO.75/1992 BY THE ADDL.
CIVIL JUDGE GULBARGA AND GRANT ENHANCED
COMPENSATION BY FIXING ENHANCED MARKET VALUE AT
RS.19,000/- PER ACRE IN ADDITION TO THE ONE
DETERMINED BY THE COURTS BELOW.
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MSA No. 1092 of 2013
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present Miscellaneous Second Appeal is by the
claimant in LAC No.75/1992 on the file of Additional Civil Judge
at Gulbarga (Hereinafter referred to as the "Reference Court"
for short), assailing the judgment and award of dismissal dated
30.09.1996 in LACA No.39/1993 on the file of the Principal
District Judge, Gulbarga, (Hereinafter referred to as the "first
Appellate Court"), seeking enhancement of the
compensation.
2. Heard Sri Ganesh Subhashchandra Kalburgi,
learned counsel for the appellant-claimant and Smt. Archana P.
Tiwari, learned Additional Advocate General and Sri Rajkumar
A. Korwar, learned High Court Government Pleader, for the
respondent and perused the records.
3. Learned counsel for the appellant submits that the
Apex Court in the case of SHIVASHNAPPA (DEAD) BY LRS.
AND OTHERS Versus SPL. LAND ACQUISITION OFFICE,
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KARNATAKA1 has determined compensation at the rate of
Rs.20,000/- per acre for the dry land in respect of the lands
situated in Gulbarga Division under Preliminary Notification
dated 20.09.1984 and hence, prayed for allowing the appeal
accordingly.
4. Learned Additional Advocate General appearing for
the State does not dispute the said fact that the compensation
in respect of the lands acquired under the similar notification
was determined at the rate of Rs.20,000/- per acre in respect
of the similarly situated lands.
5. Undisputed facts are that the land bearing
Sy.No.45/1 measuring 3 acres 6 guntas situated at Dattarga
Village, Chincholi Taluk, District Gulbarga, was acquired under
preliminary notification dated 20.09.1984, the Special
Land Acquisition Officer awarded compensation of Rs.2,500/-
per acre by the award dated 19.02.1987; being not satisfied
with the amount awarded by the Special Land Acquisition
Officer the claimant approached the Reference Court in LAC
No.75/1992; the Reference Court by its judgment and award
(2005)12 Supreme Court Cases 137
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dated 02.03.1993 awarded compensation of Rs.7,200/- per
acre in respect of the land of the claimant, which was the dry
land undisputedly. The claimant preferred appeal in LACA
No.39/1993 before the first Appellate Court and the First
Appellate Court confirmed the award of compensation awarded
by the Reference Court. Seeking enhancement, the claimant is
before this Court.
6. The Special Land Acquisition Officer acquired the
land of the claimant under the notification dated 20.09.1984.
The Apex Court in its decision referred to supra, for the lands
acquired under the notification dated 20.09.1984, has
determined the compensation at the rate of Rs.20,000/- per
acre for the dry land with all consequential benefits. In the
light of the same the claimant is entitled for same benefit as
the claimants were entitled under the similar notification for
similarly placed lands. Hence the following:
ORDER
(i) The miscellaneous second appeal is allowed
with cost.
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(ii) The claimant is entitled for enhanced
compensation of Rs.20,000/- per acre as
against Rs.7,200/- awarded by the Courts
below, with all consequential statutory
benefits and proportionate costs.
(iii) However, for the delay period in filing the
appeal before this Court and before the first
appellate Court, the appellant-claimant shall
not be entitled to any interest.
(iv) Additional Court Fee, if any, to be paid within
a period of four week from today.
Award shall be modified accordingly.
Sd/-
JUDGE
SBS
CT: VD
