Karnataka High Court
Hanumanthappa Rajappa Iliger Since ... vs The Secretary, Apmc on 6 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:16250-DB
MFA No. 103855 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF NOVEMBER 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.103855 OF 2023 (LAC)
BETWEEN:
HANUMANTHAPPA RAJAPPA ILIGER
SINCE DEAD. BY LR's.,
1. YAMANAVVA W/O. ASHOKPPA ILIGER
AGE: 47 YEARS, OCC: COOLIE,
R/O. HULLIHALLI, TQ: RANEBENNUR,
DIST: HAVERI-581115.
2. ANJINAMMA W/O. PARASURAMA ILIGER
AGE: 45 YEARS, OCC: HOUSE WIFE,
R/O. YAKALESHPUR, TQ: RANEBENNUR,
DIST: HAVERI-581115.
RAJEPPA S/O. HANUMATHAPPA ILIGER
DEAD BY LR's.,
Digitally signed
by MANJANNA E
Location: HIGH 3. SHOBHA W/O. RAJAPPA ILIGER
COURT OF AGE: 35 YEARS, OCC: HOUSE HOLD WORK,
KARNATAKA
DHARWAD R/O. HULLIHALLI, TQ: RANEBENNUR,
BENCH
Date: 2024.11.11 DIST: HAVERI-581115.
12:44:03 +0530
4. HARSHA S/O. RAJAPPA ILIGER
AGE: 14 YEARS, OCC: STUDENT,
R/O. HULLIHALLI, TQ: RANEBENNUR,
DIST: HAVERI-581115.
5. KAVITA D/O. RAJAPPA ILIGER
AGE: 10 YEARS, OCC: STUDENT,
R/O. HULLIHALLI, TQ: RANEBENNUR,
DIST: HAVERI.
APPELLANT Nos.4 AND 5 ARE MINORS
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MFA No. 103855 of 2023
R/BY NATURAL GUARDIAN MOTHER
APPELLANT NO.3.
6. SIDDALINGAPPA S/O. HANUMANTHAPPA ILIGER
AGE: 39 YEARS, OCC: COOLIE,
R/O. HULLIHALLI, TQ: RANEBENNUR,
DIST: HAVERI-581115.
7. SAVITRI W/O. RAMESH ILIGER
AGE: 35 YEARS, OCC: HOUSE WIFE,
R/O. DOOMANAL, TQ: HANAGAL,
DIST: HAVERI-581115.
8. VENKATESH S/O. HANUMANTHAPPA ILIGER
AGE: 39 YEARS, OCC: COOLIE,
R/O. HULLIHALLI, TQ: RANEBENNUR,
DIST: HAVERI-581115.
9. MALLESHAPPA S/O. RAJAPPA ILIGER
AGE: 75 YEARS, OCC: NIL,
R/O. HULLIHALLI, TQ: RANEBENNUR,
DIST: HAVERI-581115.
...APPELLANTS
(BY SRI. G.N.NARASAMMANAVAR, ADVOCATE)
AND:
1. THE SECRETARY, APMC
APMC YARD, VAGESHNAGAR,
RANEBENNUR-581115.
2. THE DEPUTY COMMISSIONER
HAVERI-581110.
3. THE ASSISTANT COMMISSIONER
SUB DIVISION, HAVERI-581110.
...RESPONDENTS
(BY SRI. RAJSHEKHAR BURJI, ADVOCATE FOR R1;
SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE FOR R2 AND R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 16.11.2012 PASSED
IN LAC.NO.48/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, PARTLY
ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1)
OF LAND ACQUISITION ACT.
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NC: 2024:KHC-D:16250-DB
MFA No. 103855 of 2023
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed by the land losers under Section
54(1) of the Land Acquisition Act (hereinafter referred to as
'LA Act', for short) being aggrieved by the judgment and
award dated 16.11.2012 passed by the learned Principal
Senior Civil Judge and JMFC, Ranebennur, in LAC
No.48/2005 whereunder the Reference Court has fixed the
market value of the property at Rs.2,86,000/- per acre.
2. The appellants are the owners of the land bearing
Sy.No.149/2 measuring 6 acres 8 guntas situate at
Koonabevu village, Ranebennur taluk. The said land was
acquired by the respondents for the purpose of formation of
Mega APMC Yard, Ranebennur by issuing preliminary
Notification on 14.02.2002 and the LAO has passed an award
fixing the market value at Rs.40,797/- per acre. Being
aggrieved by the same, the claimants have sought Reference
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under Section 18 of the LA Act. On reference, the Reference
Court has enhanced the compensation and awarded
Rs.13,000/- per gunta. In respect of the same Notification,
some of the land losers have challenged the judgment and
award passed by the LAC Court before this Court and this
Court in MFA No.20602/2013 and connected matters has
enhanced the compensation. In respect of developmental
costs is concerned, this Court has reduced the developmental
cost to 30% from 45%. Therefore, the appellants have
sought for the same relief in this case.
3. Learned AGA for respondent Nos.2 and 3 has not
disputed the judgment of this Court in MFA No.20602/2013
and connected matters disposed of on 04.06.2021.
4. In view of the above, since this case is also
arising out of the same Notification, we are of the opinion
that deduction made by the Reference Court towards
development cost at 45% has to be reduced to 30%.
Accordingly, the market value fixed by the Reference Court
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at Rs.2,86,000/- per acre has to be enhanced to
Rs.3,64,000/- per acre.
5. With modification, the appeal is allowed in part
with costs. The judgment and award dated 16.11.2012
passed by the learned Principal Senior Civil Judge and JMFC,
Ranebennur, in LAC No.48/2005, is modified by determining
the market value of the acquired land at Rs.3,64,000/- per
acre instead of Rs.2,86,000/- per acre as awarded by the
Reference Court. The appellants are entitled for
compensation of the acquired land at Rs.3,64,000/- per acre
with all statutory benefits and interest excluding interest for
a delayed period of 3127 days in filing the appeal.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
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