Karnataka High Court
Karnataka Neeravari Nigam Ltd vs The Deputy Commissioner on 4 March, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:4167-DB
MFA No. 102078 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.102078 OF 2014 (LAC)
BETWEEN:
KARNATAKA NEERAVARI NIGAM LTD.,
REPRESENTED BY ITS EXECUTIVE ENGINEER,
UPPAR TUNGA PROJECT, KAMADOD ROAD,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI SHIVARAJ C.BELLAKKI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
D.C. COMPLEX, DEVAGIRI ROAD,
HAVERI DISTRICT, HAVERI.
2. THE SPECIAL LAND ACQUISITION OFFICER,
UPPAR TUNGA PROJECT, KAMADOD ROAD,
RANEBENNUR, DIST: HAVERI.
3. SRI. NINGAPPA S/O. FAKIRAPPA KAATI,
Digitally signed SINCE DECEASED BY HIS LRS.
by V N BADIGER
Location: HIGH 3(A) SMT. NIGAMMA W/O. NINGAPPA KAATI,
COURT OF AGE. 50 YEARS, OCC. HOUSE HOLD WORK,
KARNATAKA
3(B) SRI. MAHESHAPPA NINGAPPA KAATI,
AGE. 27 YEARS, OCC. AGRICULTURE,
3(C) SRI. NAGARAJ NINGAPPA KAATI,
AGE. 24 YEARS, OCC. AGRICULTURE,
3(D) SRI. DILLEPPA NINGAPPA KAATI,
AGE. 22 YEARS, OCC. AGRICULTURE,
3(E) SMT. MANJULA
W/O. PARASHURAM BEVINAMARAD,
AGE. 29 YEARS, OCC. HOUSE HOLD WORK,
ALL ARE R/O. RANEBENNUR, HAVERI.
...RESPONDENTS
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MFA No. 102078 of 2014
(BY SRI MADANMOHAN M.KHANNUR, AGA FOR R1 AND R2;
SRI N.R. KUPPELUR, ADVOCATE FOR R3(A) TO R3(E))
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR
IN LAC NO.51/2010 DATED 28.06.2013, FURTHER, IF THIS COURT IS
PLEASED TO HOLD THAT THE CLAIMANTS DESERVES ENHANCEMENT
OF MARKET VALUE OF THE ACQUIRED LAND THE SAME BE REDUCED
TO RS.1,00,000/- PER ACRE AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Though this appeal is listed for admission, with consent of
learned counsel for the parties, it is taken up for final disposal.
2. The present appeal is filed under Section 54(1) of
the Land Acquisition Act, 18941, challenging the judgment and
award dated 28.06.2013, passed in LAC No.51/2010, by the
Court of Principal Senior Civil Judge & JMFC, Ranebennur2.
3. The beneficiary is before this Court aggrieved by
the quantum of compensation awarded to the claimants.
Hereinafter referred to as the 'Act'
Hereinafter referred to as the 'LAC Court'
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4. The land in Sy.No.90/1+2A measuring 2 acres 13
guntas and Sy.No.90/1+2B measuring 1 acre 00 gunta of
Koonabevu village along with other lands of the said village
were notified for acquisition under preliminary notification
U/s.4(1) of the Act, published in the Karnataka Official Gazette
dated 18.08.2005, for construction of Upper Tunga Project. The
award was passed on 20.01.2009, by determining the market
value at ₹37,000/- per acre in respect of acquired lands of
Kunabevu village of Ranebennur Taluk. The claimants/land
owners not being been satisfied with the quantum of
compensation awarded, sought reference. In LAC No.51/2010,
the market value of lands in question was enhanced to
₹3,71,800/- per acre. Being aggrieved by the quantum of
compensation, the appellant/beneficiary has preferred the
present appeal.
5. Heard learned counsel Sri.Shivaraj C. Bellakki for
the appellant, learned counsel Sri.N.R.Kuppelur for respondents
No.3(A to E) and learned AGA Sri.Madanmohan M. Khannur for
respondent Nos.1 and 2. Perused the material available on
record.
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6. The learned counsel Sri.Shivaraj.C.Bellakki for the
appellant as well as the learned counsel Sri.N.R.Kuppelur for
the respondents/claimants would submit that the
appellant/beneficiary filed appeal before the Court of II
Additional District and Sessions Judge, Haveri, sitting at
Ranebennur, questioning the quantum of compensation
awarded in LAC No.78/2010 which was also notified for
acquisition under the same notification dated 18.08.2005. In
the said appeal in M.A.No.251/2014, the beneficiary and
claimants have settled the dispute by filing compromise
petition, agreeing to receive ₹3,63,000/- per acre with all
statutory benefits as awarded by the LAC Court. Hence, learned
counsel prays for disposal of the appeal by taking note of the
fact that the appellant/beneficiary has agreed to pay
compensation of ₹3,63,000/- per acre for the lands acquired
under the same notification dated 18.08.2005, in respect of
Kunabevu village of Ranebennur Taluk, for the purpose of
construction of Upper Tunga Project.
7. In view of the fact that the appellant/beneficiary
has agreed to pay a compensation of ₹3,63,000/- per acre in
respect of the lands acquired in Kunabevu village under the
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same notification dated 18.08.2005, there is no need of again
determining the land value in the present appeal. The learned
counsel Sri.N.R.Kuppelur also consented for considering the
same amount as land value for the lands acquired herein.
8. From the above facts and circumstances, the
appeal is liable to be allowed. Hence, we proceed to pass the
following:
ORDER
i) The appeal is allowed.
ii) The judgment and award 28.06.2013,
passed in LAC No.51/2010, by the Court of
Principal Senior Civil Judge & JMFC,
Ranebennur, is modified holding that the
claimants would be entitled for compensation
for the lands acquired at the rate of
₹3,63,000/- per acre with statutory benefits as
awarded by the LAC Court, as against
₹3,71,800/- per acre, determined by the LAC
Court.
iii) Draw modified award accordingly.
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iv) No order as to cost.
v) The Trial Court records to be sent
forthwith.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
PMP
