Shri. Ranganath S/O Venkatrao Joshi vs The Special Land Acquisition Officer
2024 Latest Caselaw 6545 Kant

Karnataka High Court

Shri. Ranganath S/O Venkatrao Joshi vs The Special Land Acquisition Officer on 5 March, 2024

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                                                       NC: 2024:KHC-D:4871-DB
                                                       MFA No.104136 of 2017




                             IN THE HIGH COURT OF KARNATAKA,
                                     DHARWAD BENCH

                          DATED THIS THE 5TH DAY OF MARCH, 2024
                                            PRESENT
                              THE HON'BLE MR JUSTICE M.I.ARUN
                                               AND
                          THE HON'BLE MR JUSTICE UMESH M ADIGA

                                 MFA NO.104136 OF 2017 (LAC)
                   BETWEEN:

                   1.   SHRI. RANGANATH S/O VENKATRAO JOSHI
                        SINCE DECEASED BY HIS LRS. AS
                        APPELLANT NO.1A TO 1D.

                        1(A) SMT. SUMAN W/O RANGANTH JOSHI
                        AGE 77 YEARS, OCC. HOUSEHOLD WORK,
                        R/O FLAT NO.403, B-2,
                        MALAGA PURANIK ALDE SOCIETY,
                        MAHALUNGE, PUNE CITY,
                        MAHARASTRA STATE,
VISHAL
                        PINCODE NO.411045.
NINGAPPA
PATTIHAL

Location: HIGH
                        1(B) SMT. JYOTI D/O RANGANTH JOSHI
COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2024.03.06
                        AGE 52 YEARS, OCC. MEDICAL PRACTITIONER
11:27:54 +0530
                        R/O MAGOLI, PUNE 411046
                        MAHARASHTRA STATE.

                        1(C) SMT. KAMALA W/O GIRISH KULKARNI
                        AGE 48 YEARS, OCC. SERVICE-ARCHITECT,
                        R/O PLOT NO.63, SCHEME NO.4,
                        BEHIND LIC BUILDING, YAMUNA NAGAR,
                        PUNE, PIN CODE 411044.

                        1(D) SMT. TRIVENI D/O RANGANTH JOSHI
                        AGE 45 YEARS, OCC. SERVICE
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                                     NC: 2024:KHC-D:4871-DB
                                     MFA No.104136 of 2017




     R/O D-2 VISHWAKUTEER SOCIETY
     GOKHALE ROAD, DADAR WEST,
     MUMBAI, PIN CODE 400028.

2.   SHRI.GOVIND S/O VENKATRAO JOSHI
     AGE: 58 YEARS, OCC: AGRICULTURIST,
     R/O: AVARKHOD, TAL: ATHANI,
     DIST: BELAGAVI, PIN CODE: 591304.

     NOW THE APPELLANT NO.2 HEREIN IS
     REPRESENTED BY HIS
     GENERAL POWER OF ATTORNEY HOLDER,
     SMT.KAMALA W/O GIRISH KULKARNI,
     AGE: 48 YEARS, OCC: SERVICE ARCHITECT,
     R/O: NOW RESIDING AT PLOT NO.63,
     SCHEME NO.4, BEHIND LIC BUILDING,
     YAMUNA NAGAR, PUNE-411044.
                                                ...APPELLANTS
(BY SRI. SANJAY S KATAGERI, ADVOCATE)

AND:

1.   THE SPECIAL LAND ACQUISITION OFFICER
     HIPPARAGI PROJECT, ATHANI,
     TQ: ATHANI, DIST: BELAGAVI,
     PIN CODE: 591304.

2.   THE EXECUTIVE ENGINNER
     KARNATAKA NIRAVARI NIGIAM NIYAMIT, ATHANI, TQ:
     ATHANI, DIST: BELAGAVI-591304.
                                              ...RESPONDENTS
(BY SRI. V.S. KALASURAMATH, HCGP FOR R1,
SRI. UMESH AINAPUR, ADVOCATE FOR R2)

     THIS MFA IS FILED U/SEC 54 (1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT AND AWARD DATED 20.03.2015
PASSED IN LAC.NO. 894/2011 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
ATHANI, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER
SECTION 18(1) OF LA.ACT, 1894.
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                                    NC: 2024:KHC-D:4871-DB
                                    MFA No.104136 of 2017




     THIS APPEAL, COMING ON FOR ADMISSION, THIS        DAY,
M.I.ARUN, J., DELIVERED THE FOLLOWING:

                        JUDGMENT

1. Aggrieved by the judgment and award dated

20.03.2015, passed in LAC No.894/2011 by the Addl.

Senior Civil Judge & JMFC, Athani, the petitioners therein

have preferred this appeal.

2. The lands of the petitioners have been acquired

by the State and the preliminary notification was passed on

11.12.2008. The Reference Court has awarded

compensation of Rs.3,56,648/- per acre. Not satisfied by

the same, the present appeal is filed.

3. Learned counsel appearing for the appellants

places reliance on the judgment passed by this Court in

MFA No.104218/2016, disposed off on 12th September 2023

and contends that the lands which were subject matter of

MFA No.104218/2016, were acquired by way of preliminary

notification passed in the year 2007 and the said lands are

situated in the same locality where the lands of the

appellants is located and a compensation of Rs.5,00,000/-

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per acre is awarded to the said lands and the lands of the

appellants being similarly situated, are also entitled to be

awarded the same amount.

4. Learned counsel for the respondents upon

instructions submits that the lands of the appellants are

similarly situated as that of the lands which were the

subject matter of MFA No.104218/2016 and the appellants

may be granted similar compensation.

5. Hence, the following:

ORDER

(i) The appeal is allowed in part with costs.

(ii) The impugned judgment and award dated 20.03.2015, passed in LAC No.894/2011 by the Addl. Senior Civil Judge & JMFC, Athani is hereby modified.

(iii) The appellants are entitled to the compensation at the rate of Rs.5,00,000/- per acre including the statutory benefits, interest, additional market value, solatium and the like, from the date of preliminary

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notification, in respect of the lands belonging to them which have been acquired.

(iv) It is made clear that the appellants shall not be entitled to interest for the delayed period of 887 days in filing this appeal.

Sd/-

JUDGE

Sd/-

JUDGE

VNP/ CT : VP