Karnataka High Court
Bhirappa S/O Shiddappa Karachuri, vs Karnataka Neeravari Nigam Ltd., on 24 January, 2013
Author: B.V.Nagarathna
Bench: B.V. Nagarathna
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 24TH DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
MSA.No.354/11 C/w MSA.Nos.355/11, 356/11, 357/11,
358/11 & MSA.359/11 (LA)
IN MSA.354/2011:
BETWEEN:
1. BHIRAPPA S/O SHIDDAPPA KARACHURI,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM
2. SADANAND S/O SHIDDAPPA KARACHURI,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM. ... APPELLANTS
(By Sri M M PATIL, adv.)
AND
1. KARNATAKA NEERAVARI NIGAM LTD.,
HBC DIVISION, ATHANI,
REP. BY ITS EXECUTIVE ENGINEER.
2. THE SPECIAL LAND ACQUISITION OFFICER,
HIPPARAGI PROJECT, ATHANI.
DIST. BELGAUM. ... RESPONDENTS
(By Sri. M B KANAVI FOR R1,
Sri.ANAND K. NAVALGIMATH, GA FOR R.2.)
2
This MSA is filed under Section 54(2) of the Land
Acquisition Act, 1894, praying to set aside the judgment
and decree passed by the lower appellate Court in
LAC.Appeal No.50/2010 passed by the Principal District
Judge, Belgaum, on 15.3.2011 and confirm the judgment
and decree passed by the trial court in LAC.91/2005
passed by the Civil Judge (Sr.Dn), Athani, on 24.4.2010,
and etc.
IN MSA.355/2011:
BETWEEN:
1. SRI. DHARAMAGOUDA PARAGOUDA PATIL
SINCE DECEASED BY LRS:
1A. RAOSAHEB S/O DHARMAGOUDA PATIL,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
1B. KAKASAHEB S/O DHARAMAGOUDA PATIL
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
1C. SUBHASH S/O DHARAMAGOUDA PATIL
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
1D. SURESH S/O DHARAMAGOUDA PATIL
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
1E. SMT. MANGAL W/O SHETIGOUDA PATIL,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3
2. SRI. SATYAGOUDA S/O PARAGOUDA PATIL
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3. SRI. BAPUGOUDA S/O PARAGOUDA PATIL
SINCE DECEASED BY LRS,
3A. SMT. VIJAYSHRI W/O BAPUGOUDA PATIL,
AGE: 40 YEARS, OCC: AGRICULTURE.
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3B. MAHESH S/O BAPUGOUDA PATIL
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3C. VINIT S/O BAPUGOUDA PATIL,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
4. RAOSAHEB S/O PARAGOUDA PATIL
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM. ... APPELLANTS
(By Sri.M. M. PATIL, ADV.)
AND
1. KARNATAKA NEERAVARI NIGAM LTD.,
HBC DIVISION, ATHANI,
REP. BY ITS EXECUTIVE ENGINEER,
2. THE SPECIAL LAND ACQUISITON OFFICER,
HIPPARAGI PROJECT,
ATHANI. ... RESPONDENTS
4
(By Sri M B KANAVI, ADV. FOR R1,
SRI.ANAND K. NAVALGIMATH, GA. FOR R.2.)
This MSA is filed under Section 54(2) of the Land
Acquisition Act, 1894, praying to set aside the judgment
and decree passed by the lower appellate Court in
LAC.Appeal No.51/2010 passed by the Principal District
Judge, Belgaum, on 03.3.2011 and confirm the judgment
and decree passed by the trial court in LAC.305/2004
passed by the Civil Judge (Sr.Dn), Athani, on 24.4.2010,
and etc.
IN MSA.356/2011:
BETWEEN:
1. SMT. IRAWWA W/O ANNAPPA CHANNAGOUDAR,
SINCE DECEASED BY HER LRS,
1A. SMT. NEELAVVA W/O BHIMAPPA SUNADHOLI,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
1B. SMT. KAMALAVVA W/O SIDARAMGOUDA PATIL
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM. ... APPELLANTS
(By Sri M M PATIL, ADV.)
AND
1. KARNATAKA NEERAVARI NIGAM LTD.,
HBC DIVISION, ATHANI,
REP. BY ITS EXECUTIVE ENGINEER.
2. THE SPECIAL LAND ACQUISITON OFFICER,
HIPPARAGI PROJECT,
ATHANI. ... RESPONDENTS
5
(By Sri M B KANAVI, ADV. FOR R1,
SRI.ANAND K. NAVALGIMATH, GA. FOR R.2.)
This MSA is filed under Section 54(2) of the Land
Acquisition Act, 1894, praying to set aside the judgment
and decree passed by the lower appellate Court in
LAC.Appeal No.56/2010 passed by the Principal District
Judge, Belgaum, on 03.03.2011 and confirm the judgment
and decree passed by the trial court in LAC.298/2004
passed by the Civil Judge (Sr.Dn), Athani, on 24.4.2010,
and etc.
IN MSA.357/2011:
BETWEEN:
1. SHIVALING KAMAVVA KAMBLE,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
2. SMT. IDAVVA KAMAVVA KAMBLE,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3. MURIGEPPA KAMAVVA KAMBLE,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM. ... APPELLANTS
(By Sri M M PATIL, ADV.)
AND
1. KARNATAKA NEERAVARI NIGAM LTD.,
HBC DIVISION, ATHANI,
REP. BY ITS EXECUTIVE ENGINEER.
6
2. THE SPECIAL LAND ACQUISITON OFFICER,
HIPPARAGI PROJECT,
ATHANI. ... RESPONDENTS
(By Sri M B KANAVI, ADV. FOR R1,
SRI.ANAND K. NAVALGIMATH, GA. FOR R.2.)
This MSA is filed under Section 54(2) of the Land
Acquisition Act, 1894, praying to set aside the judgment
and decree passed by the lower appellate Court in
LAC.Appeal No.47/2010 passed by the Principal District
Judge, Belgaum, on 15.03.2011 and confirm the judgment
and decree passed by the trial court in LAC.113/2004
passed by the Civil Judge (Sr.Dn), Athani, on 24.4.2010,
and etc.
IN MSA.358/2011:
BETWEEN:
KALLAPPA M/O GANGAWWA KAMBLE,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM. ... APPELLANT
(By Sri M M PATIL, ADV.)
AND
1. KARNATAKA NEERAVARI NIGAM LTD.,
HBC DIVISION, ATHANI,
REP. BY ITS EXECUTIVE ENGINEER.
2. THE SPECIAL LAND ACQUISITION OFFICER,
HIPPARAGI PROJECT,
ATHANI. ... RESPONDENTS
(By Sri M B KANAVI, ADV. FOR R1,
SRI.ANAND K. NAVALGIMATH, GA. FOR R.2.)
7
This MSA is filed under Section 54(2) of the Land
Acquisition Act, 1894, praying to set aside the judgment
and decree passed by the lower appellate Court in
LAC.Appeal No.53/2010 passed by the Principal District
Judge, Belgaum, on 03.03.2011 and confirm the judgment
and decree passed by the trial court in LAC.304/2004
passed by the Civil Judge (Sr.Dn), Athani, on 24.4.2010,
and etc.
IN MSA.359/2011:
BETWEEN:
1. SRI. LAXMAN S/O GYANU SHINDHE,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
2. SRI. APPANNA S/O GYANU SHINDHE,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3. SRI. TUKARAM S/O GYANU SHINDHE,
SINCE DECEASED BY HIS LRS,
3A. SRI. BALU S/O TUKARAM SHINDHE,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3B. SRI. NAMDEV S/O TUKARAM SHINDHE,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3C. SRI. VISHNU S/O TUKARAM SHINDHE,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
8
3D. SMT. JAYASHRI W/O BABAN SAWANT,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM.
3E. SMT. MANGAL W/O SOPAN SAWANT,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O HULAGABALI, TQ. ATHANI,
DIST. BELGAUM. ... APPELLANTS
(By Sri. M M PATIL, ADV.)
AND
1. KARNATAKA NEERAVARI NIGAM LTD.,
HBC DIVISION, ATHANI,
REP. BY ITS EXECUTIVE ENGINEER.
2. THE SPECIAL LAND ACQUISITION OFFICER,
HIPPARAGI PROJECT, ATHANI
DIST. BELGAUM. ... RESPONDENTS
(By Sri M B KANAVI, ADV. FOR R1,
SRI.ANAND K. NAVALGIMATH, GA. FOR R.2.)
This MSA is filed under Section 54(2) of the Land
Acquisition Act, 1894, praying to set aside the judgment
and decree passed by the lower appellate Court in
LAC.Appeal No.54/2010 passed by the Principal District
Judge, Belgaum, on 03.03.2011 and confirm the judgment
and decree passed by the trial court in LAC.297/2004
passed by the Civil Judge (Sr.Dn), Athani, on 24.4.2010,
and etc.
These MSAs coming on for admission this day, the
court., delivered the following common judgment:
9
JUDGMENT
Government Advocate is directed to take notice for Respondent No.2 in all these matters.
2. Since these appeals arise out of common judgment passed by the I Appellate Court, they have been heard together.
3. Though these appeals are listed for admission and for condonation of delay in MSA.356/2011, with the consent of learned Counsel on both sides they are heard finally.
4. These appellants assail the common judgment and award passed by the lower appellate Court (Principal District Judge, Belgaum) in the appeals filed by respondent No.1- Karnataka Neeravari Nigam Ltd, by which the yield per acre has been reduced from 50 tones as assessed by the reference court to 33 tonnes per acre.
5. I have heard the learned Counsel for parties. 10
6. During the course of submissions, learned Counsel on both sides fairly submitted that these appeals could be disposed of in terms of judgment dated 24.5.12 passed in MSA.353/2011 (arising out of LAC.118/2004) which is part of the common judgment and decree passed by I Appellate Court as well as reference Court. Submission of learned Counsel is placed on record.
7. In MSA.353/11 dated 24.5.2012, this Court at para 8 has stated as follows:
"It is not in dispute that the land acquired is a sugarcane growing land and the Reference Court has accepted the yield at 50 tonnes. Even this Court in a similarly situated land has accepted 50 tonnes of sugarcane yield per acre. There is no exaggeration and accepting the yield at 50 tonnes, having regard to the judgment of this Court, in my opinion, if the similarly situated claimants have been benefited, there is no reason to deny the similar benefit to the appellants, as in the other case also, the acquisition was for the same project except the year of notification. In this case, the notification is of 1996-97 whereas, notification in M.F.A.No.24162/2009 is of 2005. By taking the sugarcane price at Rs.850/- per tonne with yield of 50 tonnes per acre, the market value is determined at Rs.4,25,000/-. By deducting 50% towards 11 cultivation cost, the market value of the land is determined at Rs.2,12,500/- per acre.
Accordingly, the second appeal is partly allowed. The impugned judgment and award of the appellate court is hereby modified. The claimants are entitled for market value at Rs.2,12,500/- per acre. Consequently, they are also entitled for all other benefits."
The aforesaid observations are squarely applicable to the present cases. Hence, these appeals are partly allowed. The impugned judgment and awards of the appellate Court are modified. The claimants are entitled to market value of Rs.2,12,500/- per acre on the basis of 50 tonnes yield per acre. Consequently, they are also entitled for all other statutory benefits.
SD/-
JUDGE Sub/