Karnataka High Court
Sri B T Shivashankar vs Special Land Acquisition Officer on 7 February, 2025
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NC: 2025:KHC:5585-DB
M.F.A. No.9057/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.9057/2017 (LAC)
BETWEEN:
SRI. B.T. SHIVASHANKAR
S/O B.S. THIMMAIAH
AGED ABOUT 52 YEARS
KATTAYA HOBLI, BYDARAHALLI VILLAGE
HASSAN TALUK, HASSAN DISTRICT-573201.
...APPELLANT
(BY SRI. RAJARAM SOORYAMBAIL, ADV.,)
AND:
Digitally signed SPECIAL LAND ACQUISITION OFFICER
by ARSHIFA HEMAVATHI RESERVOIR PROJECT-II
BAHAR KHANAM OFFICE AT D.C. OFFICE BUILDING
Location: HIGH HASSAN-572101.
COURT OF
KARNATAKA
...RESPONDENT
(BY SRI. G.S. ARUNA, HCGP)
THIS MFA IS FILED U/S.54(1) OF THE LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DT.16.04.2015 PASSED ON LAC NO.332/2014 ON THE OF THE
PRINCIPAL SENIOR CIVIL JUDGE, HASSAN, PARTLY ALLOWING
THE CLAIM PETITION FILED U/S.18(1) OF LAND ACQUISITION
ACT.
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M.F.A. No.9057/2017
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
******
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL)
This appeal is filed by the claimant challenging the
judgment and award dated 16.04.2015 passed in LAC
No.332/2014 by the Court of the Principal Senior Civil
Judge, Hassan (hereinafter referred to as 'the Reference
Court') seeking for higher compensation.
2. For the sake of convenience, the parties are
referred to as per their ranking before the Reference
Court.
3. The brief facts leading to filling of this appeal
are that the claimant's lands measuring 0.13 guntas in
Sy.No.04 and measuring 21 guntas in Sy.No.12 situated at
Byadarahalli Village, Kattaya Hobli, Hassan Taluk, Hassan
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District was acquired by the respondent for the purpose of
Yagachi Reservoir project. The Special Land Acquisition
Officer (SLAO) determined the market value at
Rs.77,200/- per acre. The Reference Court re-determined
the market value at Rs.20,000/- per gunta along with all
the statutory benefits. Being aggrieved, the claimant is in
appeal.
4. Sri.Rajaram Sooryambail, learned counsel for
the claimant submits that the Reference Court has
committed a grave error in determining the market value
of the lands in question without considering the evidence
on record. It is submitted that the acquisition of the lands
arise out of the preliminary notification dated 11.02.2009.
The Reference Court in LAC Nos.86/2014, 87/2014,
88/2014 and 89/2014 clubbed with LAC No.85/2014,
enhanced the market value at Rs.1,00,000/- per gunta
and the acquisition of the lands in these cases are from
the same Hobli and acquired for the same purpose.
Hence, he seeks to re-determine the market value at
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Rs.1,00,000/- per gunta with all statutory benefits in this
appeal also.
5. Per contra, learned High Court Government
Pleader for the respondent supports the impugned
judgment and award of the Reference Court.
6. We have heard the arguments of the learned
counsel appearing for the claimant, the learned High Court
Government Pleader for the respondent and meticulously
perused the material available on record. We have given
our anxious consideration to the material available on
record. The point that arises for consideration in this
appeal is "Whether the impugned judgment and
award passed by the Reference Court calls for any
interference?"
7. The undisputed facts are that the claimant's
lands measuring 0.13 guntas in Sy.No.04 and measuring
21 guntas in Sy.No.12 situated at Byadarahalli Village,
Kattaya Hobli, Hassan Taluk, Hassan District was acquired
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vide preliminary notification dated 11.02.2009 issued
under Section 4(1) of the Land Acquisition Act, 1894
(hereinafter referred to as 'the Act') and final notification
issued under Section 6(1) of the Act. The SLAO passed
the award on 23.12.2011 by determining the market value
of the lands in question at Rs.77,200/- per acre with all
statutory benefits.
8. It is not in dispute that the acquisition is for the
purpose of Yagachi Reservoir project and the lands are
situated at Byadarahalli Village, Kattaya Hobli, Hassan
Taluk, Hassan District. The Co-ordinate Bench of this
Court in the cases of LAKSHMEGOWDA Vs. SPECIAL
LAND ACQUISITION OFFICER AND OTHERS1 and
SANNEGOWDA Vs. SPECIAL LAND ACQUISITION
OFFICER AND OTHERS2 has considered the law laid
down by the Hon'ble Supreme Court in the case of UNION
OF INDIA Vs. BAL RAM AND ANOTHER3 and held that
when the acquired lands are more or less situated nearby,
MFA No.8703/2018 dt. 25.09.21
MFA No.8760/2018 dt. 24.09.21
(2010) 5 SCC 747
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when the acquired lands are identical and similar and
acquired for the same purpose, it would be unfair to
discriminate between the land owners to pay more
compensation to some of the land owners and less
compensation to the others. The Bench has also recorded
that the said view is reiterated by the Hon'ble Supreme
Court in subsequent decision of ALI MOHAMMAD BEIGH
AND OTHERS Vs. STATE OF JAMMU AND KASHMIR4
and re-determined the market value at Rs.1,00,000/- per
gunta. In the aforesaid case, the preliminary notification
was issued in the year 2009 and the acquisition was for
the same purpose as in the case on hand. In the instant
appeal, preliminary notification for acquisition is of the
year 2009 and the nature of land and their potentiality are
similar to that of the subject matter of the lands covered
in the aforesaid judgments. Hence, by applying the ratio
of the aforesaid decision, we are of the considered view
that the land loser in this appeal is also entitled to similar
benefits. In addition the Reference Court in LAC
(2017) 4 SCC 717
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Nos.86/2014, 87/2014, 88/2014 and 89/2014 clubbed
with LAC No.85/2014, vide common judgment dated
28.09.2015 has re-determined the market value at
Rs.1,00,000/- per gunta. The judgments of the Reference
Court clearly indicate that the subject matter of the
acquisition arise from the preliminary notification dated
04.02.2009 which is in the same year, and the acquisition
was for the purpose of the same project as in the instant
case. The lands covered under the aforesaid judgments of
the Reference Court were also from the same Hobli. It is
also not in dispute that the judgments of the Co-ordinate
Bench referred supra and the judgments of the Reference
Court referred supra have attained finality and there is no
challenge to the said judgments by the respondent. We
also cannot lose sight of the fact that the Co-ordinate
Bench and the Reference Court have determined the
market value of the lands covered under the aforesaid
judgments which were acquired for the same purpose at
Rs.1,00,000/- per gunta.
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9. This Court is conscious that the acquisition
proceedings are initiated in the year 2009 and the
claimant is the farmer who has lost his lands to the
extents of 0.13 guntas in Sy.No.4 and 21 guntas in
Sy.No.12. Considering the fact that the lands covered
under this appeal and the lands covered in the aforesaid
judgments are identical and similar, acquired for the same
purpose under the same notification, it would be unfair to
discriminate the land owners. Hence, we are of the
considered view that the appeal deserves to be allowed by
re-determining the compensation at Rs.1,00,000/- per
gunta with all statutory benefits and interest as per the
provisions of the Act. Hence, we proceed to pass the
following:
ORDER
i. The appeal is allowed with costs.
ii. The market value of the lands measuring
0.13 guntas in Sy.No.04 and measuring
21 guntas in Sy.No.12 situated at
Byadarahalli Village, Kattaya Hobli, Hassan
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Taluk, Hassan District is re-determined at
Rs.1,00,000/- per gunta with interest and
statutory benefits.
iii. The claimant is not entitled to the interest
for the delay period of 867 days.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV
