Karnataka High Court
Sharanabasayya vs The Spl Lao on 22 October, 2024
Author: R.Devdas
Bench: R.Devdas
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NC: 2024:KHC-K:7765-DB
MFA No. 7887 of 2004
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
MISCL. FIRST APPEAL NO.7887 OF 2004 (LAC)
BETWEEN:
1. SHARANABASAYYA
S/O NEELAYYA,
AGED 26 YEARS,
2. SHARANAMMA
W/O NEELAYYA,
AGED 45 YEARS,
3. PARWATI
W/O NEELAYYA,
Digitally signed by AGED 60 YEARS
BASALINGAPPA
SHIVARAJ
DHUTTARGAON ALL R/O CHENNUR VILLAGE,
Location: HIGH
COURT OF CHINCHOLLI TALUK,
KARNATAKA
GULBARGA DISTRICT.
...APPELLANTS
(BY SRI HARSHAVARDHAN R.MALIPATIL, ADVOCATE)
AND:
THE SPECIAL L.A.O.
M AND MIP GULBARGA.
...RESPONDENT
(BY SRI MALLIKARJUN C. BASAREDDY, P.G.A)
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MFA No. 7887 of 2004
THIS MFA IS FILED UNDER SECTION 54 OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL BY
ENHANCING THE AMOUNT OF RS.32,000/- PASSED BY THE
LEARNED ADDL. CIVIL JUDGE (SN.DN), GULBARGA DATED
08.03.2002 IN L.A.C.NO.571/1999 TO RS.70,000/- PER ACRE
FOR ENTIRE EXTENT OF LAND OF SY.NO.87 OF CHENNUR
VILLAGE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.DEVDAS
AND
HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R.DEVDAS)
Learned counsel for the appellants submits that the
matter stands covered by a decision of Division Judge of
this Court in MFA No.11585/2005 (LAC) dated 15.02.2019.
2. Learned counsel submits that having regard to
the said judgment rendered in MFA No.11585/2005,
review petition was filed by the appellants herein in
R.P.No.200061/2021 and this Court by order dated
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11.12.2023, while taking note of the judgment rendered in
MFA No.11585/2005, allowed the review petition and
restored this appeal only to be disposed of in terms of the
judgment passed in MFA No.11585/2005.
3. In the judgment in MFA No.11585/2005, it was
noticed that the reference Court had wrongly awarded
Rs.29,000/- per acre for dry lands and Rs.43,500/- per
acre for irrigated lands without considering the oral and
documentary evidence on record. It was noticed that
under similar circumstances in respect of the very same
notification, this Court had already awarded compensation
at the rate of Rs.1,72,630/- per acre for irrigated lands
and Rs.1,15,085/- per acre for dry lands. In that view of
the matter, MFA No.11585/2005 was allowed while
awarding compensation at the rate of Rs.1,72,630/- per
acre for irrigated lands and Rs.1,15,085/- per acre for dry
lands. However, there is a difference of 01 year 08
months 12 days between the two notifications and
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therefore the appellants herein shall be entitled for
escalation of 8% per annum.
4. For the reasons stated above, the appeal is
allowed in part with costs. The impugned judgment and
award passed by the reference Court is hereby modified
and the appellants are entitled for compensation of
Rs.1,15,085/- per acre with an addition of escalation
calculated at 8% per annum for the difference of the
period between two notifications namely, 30.05.1991 and
11.02.1993 along with all statutory benefits.
5. In view of the peculiar facts and circumstances
of the present case, the Court fee paid by the
appellants/review petitioners has to be adjusted in the
present appeal while paying difference of Court fee by the
appellants.
6. The appellants shall not be entitled for payment
of interest not only during the delayed period of 4206 days
in filing the review petition but the appellants shall also
not be entitled for interest from the date of judgment and
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award dated 18.08.2008 passed in MFA No.7887/2004, till
date i.e., 11.12.2023.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
BL
