Karnataka High Court
Mallappa, S/O Dundappa Neeralakeri By ... vs The Spl. Land Acquisition Officer on 29 May, 2024
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NC: 2024:KHC-D:7139
MFA No. 23187 of 2009
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 23187 OF 2009 (LAC)
BETWEEN:
1. MALLAPPA S/O. DUNDAPPA NEERALAKERI,
SINCE DIED REPRESENTED BY HIS LRS.
1A. SHEKARAPPA S/O. MALLAPPA NIRALAKERI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TOLAMATTI, TQ: BILAGI, DIST: BAGALKOT.
1B. GUNDAPPA S/O. MALLAPPA NIRALAKERI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TOLAMATTI, TQ: BILAGI, DIST: BAGALKOT.
Digitally signed
by MANJANNA
E
Location: HIGH
COURT OF
KARNATAKA 1C. MALLAWWA W/O. MALLAPPA NIRALAKERI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TOLAMATTI, TQ: BILAGI, DIST: BAGALKOT.
1D. SMT. RUKMAVVA W/O. SHANKREPPA KOTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TOLAMATTI, TQ: BILAGI, DIST: BAGALKOT.
1E. SMT. NEELAVVA W/O. SANGAPA ARLIMATTI,
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NC: 2024:KHC-D:7139
MFA No. 23187 of 2009
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TOLAMATTI, TQ: BILAGI, DIST: BAGALKOT.
1F. SMT. SHANTAVVA W/O. HANAMANTH SANNAKKI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TOLAMATTI, TQ: BILAGI, DIST: BAGALKOT.
1G. SMT. SHARANAVVA W/O. DUNDAPPA GUDADINNI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TOLAMATTI, TQ: BILAGI, DIST: BAGALKOT.
...APPELLANTS
(BY SRI. BASAVARAJ S. BYAKOD, ADVOCATE)
AND:
THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT,
BILAGI TQ: BILAGI, DT:BAGALKOT.
...RESPONDENT
(BY SRI. ABHISHEK MALIPATIL, HCGP)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DTD 12-04-2006 PASSED IN
LAC.NO.730/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN)
BILAGI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:7139
MFA No. 23187 of 2009
JUDGMENT
This appeal is filed by the claimants seeking enhancement
of the compensation awarded by the reference Court.
2. The learned counsel for the appellants submits that
the subject matter of this appeal is above Rs.10,00,000/- and
the appeal is maintainable before this Court.
3. The submission is placed on record.
4. In this case, certain extent of lands belonging to the
appellants came to be acquired by the respondent for Upper
Krishna Project, pursuant to a preliminary notification dated
18.05.2000 and the Land Acquisition Officer has awarded
compensation of Rs.57,560/- per acre (irrigated land) and it
has been enhanced to Rs.1,80,000/- per acre by the Reference
Court.
5. Aggrieved by the award passed by the reference
Court, the claimants have preferred this appeal seeking further
enhancement of compensation.
6. The learned counsel appearing for both the parties
fairly submits that this Court in MFA No.22917/2009 (LAC)
NC: 2024:KHC-D:7139
disposed of on 09.09.2011 in respect of similarly situated lands
acquired under the similar notification for similar project has
enhanced the compensation to Rs.2,35,000/- per acre with
proportionate statutory benefits and costs.
7. Accordingly, the appeal is allowed in part. The
judgment and award of reference Court is modified by
enhancing compensation from Rs.1,80,000/- per acre to
Rs.2,35,000/- per acre with proportionate statutory benefits
and costs.
The appellants are not entitled for any interest on
enhanced compensation for the delayed period of 1251 days in
filing the appeal.
Office is directed to draw the award.
In view of disposal of the matter, the order dated
20.11.2023 dismissing the appeal is recalled.
All pending I.As. are accordingly disposed of.
Sd/-
JUDGE
RSH/ct-an
