Karnataka High Court
Sri Mohammed Rafi vs The Special Land Acquistion Officer on 6 November, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:44643
MSA No. 105 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS SECOND APPEAL NO. 105 OF 2023 (LA)
BETWEEN:
1. SRI MOHAMMED RAFI
SINCE DEAD BY HIS LRS
SMT APSHNA BEGUM
S/O LATE MOHAMMED RAFI
AGED ABOUT 52 YEARS
R/A MANIKSAB PALYA
KASABA HOBLI
GUBBI TALUK
TUMAKURU DIST-572216
2. SRI YASAR ARAFAT
S/O LATE MOHAMMED RAFI
AGED ABOUT 25 YEARS
R/A MANIKSAB PALYA
Digitally signed KASABA HOBLI
by RAMYA D
Location: HIGH
GUBBI TALUK
COURT OF
KARNATAKA
TUMAKURU DIST-572216
3. SMT ASMA BANU
D/O LATE MOHAMMED RAFI
AGED ABOUT 22 YEARS
R/A MANIKSAB PALYA
KASABA HOBLI
GUBBI TALUK
TUMAKURU DIST-572216
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NC: 2024:KHC:44643
MSA No. 105 of 2023
4. KUM ALMAS
D/O LATE MOHAMMED RAFI
AGED ABOUT 18 YEARS
R/A MANIKSAB PALYA
KASABA HOBLI
GUBBI TALUK
TUMAKURU DIST-572216
...APPELLANTS
(BY SRI.ADITYA M.R., ADVOCATE FOR SRI MOHAN KUMAR
T.,ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISTION OFFICER
HEMAVATHI CANAL ZONE
TUMAKURU-572101
...RESPONDENT
(BY SRI.RAJENDRA K.R., AGA)
MSA FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 04.02.2016 PASSED IN RA No. 47/2015 ON THE FILE
OF THE II ADDITIONAL DISTRICT JUDGE, TUMAKURU, PARTLY
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND AWARD DATED 08.02.2012 PASSED IN LAC No. 186/2006
ON THE FILE OF THE SENIOR CIVIL JUDGE, GUBBI, ALLOWING
THE REFERENCE PETITION UNDER SECTION 18 OF LAND
ACQUISITION ACT.
THIS APPEAL, COMING ON FOR HEARING ON IAs., THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
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NC: 2024:KHC:44643
MSA No. 105 of 2023
ORAL JUDGMENT
This Miscellaneous Second Appeal is filed by the legal
heirs of the original owner, challenging the judgment and
award passed by the Second Additional District Judge,
Tumakuru in R.A.(LAC) No.47/2015 dated 04.02.2016
passed and the judgment and award passed by the Senior
Civil Judge and JMFC, Gubbi in LAC No.186/2006 dated
08.02.2012.
2. Brief facts of the case are that the land bearing
Sy.No.201/3, totally measuring 00-27 guntas, consisting
of Mulki, i.e., 2 coconut trees, 11 mango trees and 70
Arecanut trees situated at Kodagihalli Village, Kasaba
Hobli, Gubbi Taluk belonging to the claimant was acquired
by the respondents for the purpose of Hemavathi Channel
and passed an award fixing the compensation amount as
follows:
(a) For 27 guntas of land Rs.20,871/-
(b) For 2 Coconut Trees Rs. 6,358/-
(c) For 11 Mango Trees Rs.49,987/-
(d) For 70 Arecanut trees Rs,47,750/-
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3. The Reference Court has enhanced compensation
and determined Rs.54,000/- for 27 guntas of land
acquired. Further, a compensation of Rs.8,320/- towards
coconut trees, Rs.52,910/- towards 11 mango trees and
Rs.74,690/- towards 70 Arecanut trees was granted. The
original claimant has preferred an appeal before the First
Appellate Court and the First Appellate Court confirmed
the judgment and award passed by the Reference Court,
but only modified in respect of compensation awarded
towards mango trees. It was ordered that the original
claimant is entitled to compensation of Rs.18,000/- per
each mango tree, for 11 mango trees.
4. There is a delay of 1968 days, i.e., 5 years 4
months in preferring the appeal. The claimant, who was
the owner of the land - Mohammed Rafi has received the
entire compensation amount granted by the Reference
Court as well as the First Appellate Court. The original
owner died on 02.07.2019. Now, the legal heirs of the
said Mohammed Rafi have preferred the present appeal.
NC: 2024:KHC:44643
The reason assigned by the appellants is that there was
Covid-19 Pandemic and they were suffering from financial
difficulties. Hence, they could not meet the advocate and
after approaching the advocate on the advise made by
him, the present appeal is preferred. The learned counsel
for the appellants places reliance on the judgment of the
Apex Court in the case of K.SUBBARAYUDU AND
OTHERS vs. SPECIAL DEPUTY COLLECTOR (LAND
ACQUISITION) towards condonation of delay.
5. On the other hand, learned AGA appearing for the
respondent places reliance on the judgment of the Apex
Court in the case of 2BASAVARAJA AND ANOTHER vs.
SPECIAL LAND ACQUISITON OFFICER and argued that
'sufficient cause' cannot be liberally interpreted if
negligence, inaction or lack of bonafides is attributed to
the party.
(2017) 12 SCC 840
(2013) 14 SCC 81
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6. On perusal of the said judgments, I am of the
view that the reasons assigned in the judgment relied on
by the learned counsel for the appellants are different
from the reasons assigned in the instant case. Therefore,
the aforesaid judgment is not helpful to the appellants.
7. The only reason assigned by the legal heirs of the
original owner who have preferred the instant appeal is
the pandemic Covid-19 situation and lockdown and
financial difficulty. The lockdown due to Covid-19
pandemic was only for about six months and there is no
proper explanation for causing the delay of 5 years 4
months. Furthermore, the original owner Mohammed Rafi
has received the compensation amount and he has not
challenged the same during his life time. But the legal
heirs of Mohammed Rafi, after 5 years 4 months have
challenged the judgment and award passed by both the
courts below on the ground that the amount is meagre.
8. Considering the enormous delay in preferring the
appeal, there is no convincing and cogent reasons
NC: 2024:KHC:44643
assigned for condonation of such an enormous delay.
Therefore, the appeal is liable to be dismissed on the
ground of delay. Accordingly, appeal is dismissed.
Consequently, IA No.1/2024 for condonation of delay is
also dismissed.
9. In view of dismissal of the main matter, all the
pending IAs. do not survive for consideration.
Accordingly, they stand disposed of.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
CM
