Karnataka High Court
The Special Land Acquisition Officer vs Ravutappa S/O Bhimappa Junnur on 6 March, 2024
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MSA No. 100014 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS SECOND APPEAL NO. 100014 OF 2022
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT,
BILAGI, PIN CODE-587116.
...APPELLANT
(BY SRI. T. P. MALIPATIL, AGA)
AND:
RAVUTAPPA S/O. BHIMAPPA JUNNUR,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. SONA VILLAGE, BILAGI TALUK,
DIST: BAGALKOT, PIN CODE-587116.
...RESPONDENT
(BY SRI. BASAVARAJ S. BYAKOD, ADV. FOR RESPONDENT)
Digitally THIS MISCELLANEOUS SECOND APPEAL IS FILED U/S. 54(2)
signed by
JAGADISH T R
Location: (KARNATAKA AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
HIGH COURT
OF PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.06/2013
KARNATAKA
ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT AND SET ASIDE THE JUDGMENT AND AWARD DATED
05.03.2019 IN LAC (APPEAL) NO.06/2013 PASSED BY THE II ADDL.
DISTRICT AND SESSIONS JUDGE, BAGALKOT, IN THE INTEREST OF
JUSTICE AND CONFIRM AWARD PASSED IN LAC NO.79/2006 DATED
12.02.2008 PASSED BY THE CIVIL JUDGE (SR.DN), BILAGI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MSA No. 100014 of 2022
JUDGMENT
This appeal is filed by the appellant/State challenging the
judgment and award dated 05.03.2019 passed in LAC
No.06/2013 on the file of II Addl. District and Sessions Judge,
Bagalkot and seeks to confirm the judgment and award passed
in LAC No.79/2006 dated 12.02.2008 passed by the Civil Judge
(Sr. Dn) Bilagi.
2. Brief facts leading to filing of this appeal are that,
the respondent's land measuring 34 guntas of land in survey
No.176/2A of Sonna village in Bilagi taluk has been acquired
under preliminary notification dated 18.10.2003 for the purpose
of Upper Krishna Project. The Special Land Acquisition Officer
(for short, 'SLAO') passed the award by determining the market
value of the subject land at Rs.96,265/- per acre. Being
aggrieved by the same, the respondent/land owner sought
reference under Section 18 of the Land Acquisition Act, 1894.
The reference Court in LAC No.79/2006 re-determined the
market value of the subject land at Rs.2,20,800/- per acre.
Being aggrieved by the same, the respondent/land owner has
preferred the appeal in LAC appeal No.6/2013. The First
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Appellate Court further enhanced the market value of the
acquired land at Rs.2,35,000/- per acre. Being aggrieved by
the same, the appellant/State is in appeal seeking to set aside
the order of the First Appellate Court.
3. I have heard the arguments of the learned counsel
for the appellant/State and learned counsel for the
respondent/land owner.
4. Sri.T P. Malipatil, learned AGA appearing for the
appellant/State submits that the First Appellate Court
committed grave error in enhancing the market value of the
subject land at Rs.2,35,000/- per acre. The First appellate
Court has not appreciated the evidence available on record in
its proper perspective. Hence, he seeks to set aside the
impugned judgment and award of the First Appellate Court.
5. Per contra, Sri.Basavaraj S. Byakod, learned
counsel appearing for the respondent/land owner supports the
judgment and award of the First Appellate Court dated
05.03.2019 passed in LAC No.06/2013 and submits that this
Court in MFA No.20182/2010 along with the connected appeals
disposed off on 09.09.2011 and has determined the market
value of the land at Rs.2,64,375/- per acre. He argues that the
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land involved in the MFA No.20182/2010, are acquired under
the same notification and for the same purpose. Hence, he
seeks to dismiss the appeal.
6. I have heard the arguments of learned counsel for
the appellant/State as well as the learned counsel for the
respondent/land owner. Perused the reasoning assigned by the
First Appellate Court while re-determining the market value at
Rs.2,35,000/- per acre. The finding recorded by the appellate
Court is based on the evidence available on record. This Court
does not find any error in the finding recorded by the First
Appellate Court calling for interference in this appeal. It is also
not in dispute that the Co-ordinate Bench of this Court in MFA
No.20182/2010 and connected appeals disposed off on
09.09.2011 has re-determined the market value of the land at
RS.2,64,375/- per acre along with the statutory benefits and
the costs. The material available on record indicates that the
subject land in the present appeal and the lands in MFA
No.20182/2010 have been acquired under the same notification
dated 18.10.2003 and for the same project. Hence, taking note
of the reasoning assigned by the Co-ordinate Bench of this
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Court, I do not find any merit in the appeal filed by the
appellant/State.
7. Accordingly, the appeal is dismissed.
Sd/-
JUDGE
PMP
