Shivabayawwa W/O Irappa Maradi vs The Special Land Acquisition Officer
2024 Latest Caselaw 25776 Kant

Karnataka High Court

Shivabayawwa W/O Irappa Maradi vs The Special Land Acquisition Officer on 30 October, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                               -1-
                                                       NC: 2024:KHC-D:16037-DB
                                                       MFA No. 101360 of 2023




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                            DATED THIS THE 30TH DAY OF OCTOBER, 2024
                                             PRESENT
                          THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                               AND
                            THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                    MISCELLANEOUS FIRST APPEAL NO. 101360 OF 2023 (LAC)
                   BETWEEN:

                        SHIVABAYAWWA W/O IRAPPA MARADI
                        AGE. 62 YEARS, OCC. AGRICULTURE,
                        R/O. KADROLLI, TQ. NOW BAILHONGAL,
                        DIST. BELAGAVI 591153.
                                                                   ...APPELLANT
                   (BY SRI. K ANANDKUMAR, ADVOCATE)

                   AND:

                   1.   THE SPECIAL LAND ACQUISITION OFFICER
                        MALAPRABHA PROJECT NO.3,
                        BAGALKOT.
                   2.   THE EXECUTIVE ENGINEER
                        MLBC DIVISION NO.2, NAVILTEERTHA,
                        SAUNDATTI, TQ. SAUNDATTI,
                        DIST. BELAGAVI.
Digitally signed
by JAGADISH T
R
Location: High
                   3.   THE STATE OF KARNATAKA
Court of
Karnataka,              REP. BY PRL. SECRETARY TO REVENUE DEPARTMENT
Dharwad Bench
                        VIDHANA SOUDHA, BENGALURU
                                                                ...RESPONDENTS
                   (BY SRI.PRAVEEN K UPPAR, AGA FOR R1 & R3)
                   (SRI.M.B. KANAVI, ADV. FOR R2)

                         THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
                   COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
                   REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO
                   ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 02.09.2021
                   IN LAC NO.882/2018 PASSED BY LEARNED I ADDL. DISTRICT AND
                   SESSIONS JUDGE, AT BELAGAVI, ENHANCE THE MARKET VALUE OF
                   Rs.3,12,000/- PER ACRE ALONG WITH ALL STATUTORY BENEFITS
                                           -2-
                                                   NC: 2024:KHC-D:16037-DB
                                                   MFA No. 101360 of 2023




AND ALSO ALLOW THE SAID APPEAL WITH COST IN THE INTEREST
OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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 loser under Section 74(1)

of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 20131,

challenging the order dated 2.9.2021 passed by the learned I

Addl. District and Sessions Judge, Belagavi2 in LAC

No.882/2018, whereby the reference petition has been

dismissed.

2. The appellant is the owner of land bearing

Sy.No.322/2B measuring 5 acres 32 guntas, situated at

Kadoralli Village, Bailhongal Taluk, out of which, 1 acre 32

guntas have been acquired by the respondents for the purpose

of Malaprabha Project under the Act, 2013. The SLAO

determined the compensation. Being not satisfied with the

'Act, 2013', for short

'Reference Court', for short

NC: 2024:KHC-D:16037-DB

award passed by the SLAO, the appellant has sought for

reference before the Reference Court, which is numbered as

LAC No.882/2018. When the matter was posted before the

Reference Court for cross-examination of PW1, he was absent

and even after giving sufficient opportunities to PW1, he was

not present. Therefore, the reference petition filed by the

appellant under Section 64(1) of the Act, 2013 is dismissed.

Being aggrieved by the same, the land loser has filed this

appeal.

3. The order sheet of the Reference Court produced

before this Court speaks that the Reference Court has granted

sufficient opportunity to PW1 to be present before the Court for

cross-examination. In spite of that, he was not present and

therefore, reference petition has been dismissed. However, in

the interest of justice, to give one more opportunity, we are of

the considered view that the matter requires to be remitted

back to the Reference Court for reconsideration afresh from the

stage of cross-examination of PW1. Accordingly, the appeal is

allowed. The impugned order of the Reference Court is set-

aside. The matter is remitted back to the Reference Court for

reconsideration afresh from the stage of cross-examination of

NC: 2024:KHC-D:16037-DB

PW1. The parties are directed to appear before the Reference

Court without awaiting further notice on 26.11.2024.

The Reference Court is directed to fix the date of

appearance of PW1 and on that day, PW1 has to be available

for cross-examination. The Registry is directed to refund the

Court fee to the appellant after due verification.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

JTR