Karnataka High Court
Narasimhaiah vs The Special Land Acquisition on 14 February, 2025
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MFA No. 945 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 945 OF 2015 (LAC)
Between:
1. Narasimhaiah
S/o Gadikoppala Hanumaiah,
2. H.Govindappa,
Since dead by his LR's
2(a). Smt. Jayamma,
W/o Late H.Govindappa
Since dead by his LR's
(Deleted as per order dated
08.07.2024 LRS of 2(a)
Digitally signed already on record as 2(b) to 2(g))
by VEERENDRA
KUMAR K M 2(b). Sri Nagesh H.G.,
Location: HIGH S/o Late H.Govindappa,
COURT OF Aged about 50 years,
KARNATAKA
2(c). Sri Suresh H.G.,
S/o Late H.Govindappa,
Aged about 48 years,
2(d). Sri Sathish H.G.,
S/o Late H.Govindappa,
Aged about 46 years,
2(e). Sri Narasimhamurthy H.G.,
S/o Late H.Govindappa,
Aged about 44 years,
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MFA No. 945 of 2015
2(f). Sri Thippeswamy H.G.,
S/o Late H.Govindappa,
Aged about 42 years,
2(g). Sri Rajkumar H.G.,
S/o Late H.Govindappa,
Aged about 40 years,
3. Sri H.Ramappa,
S/o Gadikoppala Hanumaiah,
Aged about 72 years,
4. Sri H.Nanjappa,
S/o Gadikoppala Hanumaiah,
Aged about 70 years,
All are residing at Vaddigakopa,
Shivamogga Taluk,
Presently R/o Vidyanagar,
M.R.Pura Road, Shivamogga.
...Appellants
(By Sri Sangamesh G.Patil, Advocate)
And:
1. The Special Land Acquisition
Officer, U.T.P.,
Shivamogga-577 201.
2. The Executive Engineer,
U.T.P., Shivamogga-577 201.
...Respondents
(By Sri R.A.Machakanur AGA for R1;
Sri Prashanth B.R., Advocate for R2)
This MFA is filed u/s 54(1) of Land Acquisition Act against
the judgment and decree dated 23.05.2011 passed in LAC
No.112/2004 on the file of the Principal Senior Civil Judge, CJM,
Shivamogga, partly allowing the reference petition for
compensation and seeking further enhancement of
compensation.
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MFA No. 945 of 2015
This MFA, coming on for hearing, this day, judgment was
delivered therein as under:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)
This is an appeal filed under Section 54(1) of
the Land Acquisition Act against the award passed
in LAC No.112/2004 on the file of the Prl. Senior
Civil Judge, Shivamogga.
2. Heard the arguments of Sri Sangamesh G
Patil, learned counsel for the appellants, Sri
R.A.Machakanur, learned Additional Government
Advocate for respondent No.1 and Sri
B.R.Prashanth, learned counsel for respondent
No.2.
3. The undisputed facts are that an extent
of 3 acres 13 guntas of land in Sy.No.49/1 and
49/3 of Alkola village, Shivamogga taluk were
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notified for acquisition under Section 4(1) of the
Land Acquisition Act on 29.01.2001. Final
notification under Section 6(1) of the Land
Acquisition Act was published on 04.02.2001. The
purpose of acquisition was for upliftment of Tunga
channel. The Land Acquisition Officer awarded a
sum of Rs.19,31,446/- for the entire land towards
compensation. Not being satisfied with the said
award, the appellants sought reference to the Civil
Court, which after enquiry, by the impugned award
enhanced the compensation @ Rs.47/- per sq.ft.,
with other statutory benefits. The appellants still
being aggrieved have preferred this appeal.
4. While arguing, learned counsel for the
appellants brought to our notice the judgment of
the Co-ordinate Bench of this court in MFA
No.7123/2014 connected with MFA Nos.6704/2014,
3946/2013, 8839/2015 & 6705/2014 (LAC) where
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the compensation has been enhanced to Rs.105/-
per sq.ft., with other statutory benefits.
5. Though these referred cases are in
respect of Gaddikoppa village, Shivamogga taluk,
the purpose of acquisition of the lands of that
village was for upliftment of Tunga channel and
preliminary notifications were issued on
11.08.2000, 21.12.2001 and 21.01.2002.
6. Learned Additional Government Advocate
and Sri B.R.Prashanth submit that the judgment of
the Co-ordinate Bench can be followed in this
appeal also. In addition, Sri B.R.Prashanth brings
to our notice that in respect of same village i.e.,
Alkola, this court in MFA No.7998/2014 connected
with MFA Nos.8598/2014, 7004/2007, 7005/2007,
7007/2007, 8842/2013, 8843/2013, 10473/2013,
10474/2013, 10477/2013 & 6238/2016(LAC)
enhanced the compensation to Rs.105/- per sq.ft.
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and this enhancement was confirmed by the
Hon'ble Supreme Court in Civil Appeal
No.7587/2021. In view of these facts, we are of
the opinion that in this appeal also the
compensation can be enhanced to Rs.105/- per
sq.ft., for the acquired land with other statutory
benefits. Hence the following:
ORDER
The appeal is partly allowed.
Impugned award is modified.
The appellants are entitled to enhanced
compensation of Rs.105/- per sq.ft., for the
acquired land with other statutory benefits.
The appellants are not entitled to
interest for the d elay period of 1234 days as
per order dated 02.06.2016.
Draw award accordingly.
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Send back the trial court records with a
copy of this jud gment forthwith.
Sd/-
(SREENIVAS HARISH KUMAR)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
KMV
