Basappa S/O Ramappa Kannikoppa vs The Assistant Commissioner And
2024 Latest Caselaw 27262 Kant

Karnataka High Court

Basappa S/O Ramappa Kannikoppa vs The Assistant Commissioner And on 13 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                  -1-
                                                        NC: 2024:KHC-D:16597-DB
                                                        MFA No. 102575 of 2020




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                           DATED THIS THE 13TH 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. 102575 OF 2020 (LAC)


                   BETWEEN:

                   1.   BASAPPA S/O. RAMAPPA KANNIKOPPA
                        @ GIRIYAPPANAVAR,
                        AGE: 59 YEARS,
                        OCC: AGRICULTURE,
                        R/O: KERI ONI, UNKAL,
                        TQ: HUBBALLI,
                        DIST: DHARWAD-580031,

                   2.   SHIVAJI S/O. RAMAPPA KANNIKOPPA
                        @ GIRIYAPPANAVAR,
                        AGE: 57 YEARS,
Digitally signed
by MANJANNA E           OCC: AGRICULTURE,
Location: HIGH          R/O: KERI ONI, UNKAL,
COURT OF
KARNATAKA               TQ: HUBBALLI,
DHARWAD
BENCH                   DIST: DHARWAD-580031.
Date: 2024.11.16
11:10:41 +0530
                                                                   ...APPELLANTS
                   (BY SRI. V.G.BHAT, ADVOCATE)


                   AND:

                   1.   THE ASSISTANT COMMISSIONER AND
                        SPECIAL LAND ACQUISITION OFFICER,
                        DHARWAD.

                   2.   THE UNION OF INDIA
                                    -2-
                                            NC: 2024:KHC-D:16597-DB
                                            MFA No. 102575 of 2020




       R/BY SENIOR DIVISIONAL ENGINEER,
       SOUTH WESTERN RAILWAYS,
       KESHWAPUR, HUBBALLI,
       TQ: HUBBALLI, DIST: DHARWAD.

3.     THE PRINCIPAL REVENUE SECRETARY
       GOVERNMENT OF KARNATAKA,
       REVENUE DEPARTMENT,
       M.S. BUILDING,
       BENGALURU-560001.

                                                     ...RESPONDENTS

(BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADV. FOR R1 AND R3;
    SRI. VENKATESH M.KHARVI, ADV. FOR R2)



        THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,

AGAINST THE JUDGMENT AND AWARD DATED 27.11.2019 PASSED

IN LAC.NO.26/2014 ON THE FILE OF THE I ADDITIONAL SENIOR

CIVIL    JUDGE,      HUBBALLI,   PARTLY   ALLOWING   THE   REFERENCE

PETITION       FILED UNDER SECTION 18(1) OF LAND ACQUISITION

ACT.


        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
                                      -3-
                                               NC: 2024:KHC-D:16597-DB
                                               MFA No. 102575 of 2020




                            ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

This appeal is heard and taken up for disposal.

2. This appeal is filed challenging the impugned

judgment and award dated 27.11.2019 passed in L.A.C.

No.26/2014 on the file of the I Additional Senior Civil Judge,

Hubballi.

3. Learned counsel appearing for the claimants as well

as the Union of India fairly submit that the issue involved in

this appeal is covered by the judgment of this Court in M.F.A.

No.102332/202 and connected matters and M.F.A.

No.103562/2022 and connected matters disposed of on

10.10.2023 and 25.09.2024 respectively.

4. We have perused the facts and grounds urged in

the judgment of the Co-ordinate Bench. We are of the view that

the issue involved in these appeals is one and the same. Hence,

this appeal is disposed of in terms of the above judgments

dated 10.10.2023 and 25.09.2024 passed in M.F.A.

No.102332/2020 and connected matters and M.F.A.

No.103562/2022 and connected matters.

NC: 2024:KHC-D:16597-DB

5. In view of the above, we proceed to pass the

following:

ORDER

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

(ii) The impugned judgment and award of the

Reference Court dated 27.11.2019 passed in L.A.C. No.26/2014

is modified to the extent that the claimant is entitled for

compensation of Rs.2,50,000/- per gunta with all statutory

benefits as contemplated under the Land Acquisition Act, 1894.

(iii) Registry to draw decree accordingly and is

directed to refund the admissible Court fee to the respective

parties, if any, in accordance with law.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

RSH / Ct:vh