Karnataka High Court
Siddappa S/O. Alamappa Cholinavar vs Assistant Commissioner on 10 October, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
-1-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
YASHAVANT AND
NARAYANKAR
THE HON'BLE MR JUSTICE G BASAVARAJA
Digitally signed by MISCELLANEOUS FIRST APPEAL NO. 102332 OF 2020 (LAC)
YASHAVANT C/W
NARAYANKAR MISCELLANEOUS FIRST APPEAL NO. 103072 OF 2017
Date: 2023.12.22 MISCELLANEOUS FIRST APPEAL NO. 103073 OF 2017
12:21:25 +0530
MISCELLANEOUS FIRST APPEAL NO. 100259 OF 2020
MISCELLANEOUS FIRST APPEAL NO. 102333 OF 2020
MISCELLANEOUS FIRST APPEAL NO. 102334 OF 2020
MISCELLANEOUS FIRST APPEAL NO. 100064 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 100472 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 104594 OF 2022
IN MFA NO. 102332 OF 2020
BETWEEN:
1. SIDDAPPA
S/O. ALAMAPPA CHOLINAVAR,
AGE : MAJOR, OCC : FARMER,
R/O : DEVANGPETH,
TQ : HUBBALLI,
DIST : DHARWAD.
2. IRAPPA
S/O. KALLAPPA BHARDWAD,
AGE : MAJOR, OCC : FARMER,
-2-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
R/O : UNKAL, TQ : HUBBALLI,
DIST : DHARWAD.
...APPELLANTS
(BY SRI R.H. ANGADI, ADVOCATE)
AND:
1. ASSISTANT COMMISSIONER,
SPECIAL LAND ACQUISITION OFFICER,
DHARWAD, D.C.COMPOUND,
DHARWAD-580001.
2. THE DEPUTY CHIEF ENGINEER (CONS),
S.W.RAILWAY ZONE,
CLUB ROAD, HUBBALLI-580031.
3. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S.BUILDING, BENGALURU-560 001.
4. THE CHIEF PROJECT MANAGER,
RAIL VIKAS NIGAM LIMITED,
SOUTH-WESTERN RAILWAY,
HUBBALLI-580020
...RESPONDENTS
(BY SRI PRAVEEN UPPAR, ADVOCATE AGA FOR R1 AND R3;
SRI MRUTYUNJAYA TATA BANGI, CGSC FOR R2 AND R4)
THIS MISCELLANEOUS FIRST APPEAL FILED
U/SEC.54(1) OF LAND ACQUISITION ACT, PRAYING TO
MODIFY AND ENHANCE COMPENSATION AMOUNT FROM
RS.1,25,000/- TO RS.2,50,000/- PER GUNTA WITH
STATUTORY BENEFITS, PASSED IN LAC.NO.140/2014,
DATED 26.02.2020 PASSED ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI.
-3-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
IN MFA NO. 103072 OF 2017
BETWEEN:
1. BIBIJAN
W/O. MOHAMMADALI AMMINBHAVI,
AGE: MAJOR,
OCC: AGRICULTURE AND
HOUSEHOLD WORK,
R/O: SAI COLONY,
SAI NAGAR LAST STOP,
UNKAL, TQ: HUBBALLI,
DIST: DHARWAD-580031.
2. MUMTAZ
W/O. MOHABOOBSAB NADAF,
AGE: MAJOR,
OCC: AGRICULTURE AND
HOUSEHOLD WORK,
R/O: SAI COLONY,
SAI NAGAR LAST STOP,
UNKAL, TQ: HUBBALLI,
DIST: DHARWAD-580031.
3. FATIMA @ RESHMA
W/O. HAZARATALI NADAF,
AGE: MAJOR,
OCC: AGRICULTURE AND
HOUSEHOLD WORK,
R/O: SAI COLONY,
SAI NAGAR LAST STOP,
UNKAL, TQ: HUBBALLI,
DIST: DHARWAD-580031.
...APPELLANTS
(BY SRI V.G. BHAT, ADVOCATE)
-4-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
AND:
1. THE ASSISTANT COMMISSIONER
AND LAND ACQUISITION OFFICER,
DHARWAD.
2. THE UNION OF INDIA,
REPRESENTED BY
SENIOR DIVISIONAL ENGINEER,
SOUTH WESTERN RAILWAYS
KESHWAPUR, HUBBALLI-580020.
...RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA FOR R1;
SRI MRUTYUNJAYA TATA BANGI, CGSC FOR R2)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 54 OF LAND ACQUISITION ACT, PRAYING TO
ENHANCE THE COMPENSATION AWARDED BY THE COURT OF
IIIRD ADDITIONAL SENIOR CIVIL JUDGE HUBBALLI IN LAC
NO. 6/2014 DATED 01/09/2015 BY ENHANCING THE MARKET
VALUE OF THE LAND ACQUIRED FROM RS.1,25,000/- TO
RS.4,00,000/-WITH STATUTORY BENEFITS, IN THE ENDS OF
JUSTICE.
IN MFA NO. 103073 OF 2017,
BETWEEN:
1. SMT NEELAVVA
W/O. HANUMANTAPPA PARANNAVAR,
AGE: MAJOR,
OCC: AGRICULTURE AND
HOUSEHOLD WORK,
-5-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
R/O: SAI NAGAR LAST STOP,
UNKAL, TQ: HUBBALLI, DIST: DHARWAD-580031.
2. SMT. YALLAWWA
D/O. HANUMANTAPPA PARANNAVAR,
AFTER MARRIAGE RENUKA
W/O. SHIVANAND HAVERI,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O: SAI NAGAR LAST STOP, UNKAL,
TQ: HUBBALLI, DIST: DHARWAD-580031.
...APPELLANTS
(BY SRI V.G. BHAT, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER AND
LAND ACQUISITION OFFICER, DHARWAD.
2. THE UNION OF INDIA,
REPRESENTED BY SENIOR DIVISIONAL ENGINEER,
SOUTH WESTERN RAILWAYS,
KESHWAPUR, HUBBALLI-580020.
...RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA FOR R1;
SRI MRUTYUNJAYA TATA BANGI, CGSC FOR R2)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 54 OF LAND ACQUISITION ACT, PRAYING TO
ENHANCE THE COMPENSATION AWARDED BY THE COURT OF
IIIRD ADDITIONAL SENIOR CIVIL JUDGE HUBBALLI IN LAC
NO.3/2014 DATED 1/09/2015 BY ENHANCING THE MARKET
VALUE OF THE LAND ACQUIRED FROM RS.1,00,000/-TO
RS.4,00,000/-WITH STATUTORY BENEFITS, IN THE ENDS OF
JUSTICE.
-6-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
IN MFA NO. 100259 OF 2020
BETWEEN:
SMT. KAVITA
W/O. CHANNAPPAGOWDA PATIL,
AGE: 43 YEARS,
OCC: AGRICULTURE/HOUSEHOLD WORK,
R/O: PYATISAL ONI UNKAL, HUBBALLI.
...APPELLANT
(BY SRI R.H. ANGADI, ADVOCATE)
AND:
1. ASSISTANT COMMISSIONER AND
SPECIAL LAND ACQUISITION OFFICER,
DHARWAD, DC COMPOUND,
DHARWAD-58001.
2. THE UNION OF INDIA,
REPRESENTED BY
SENIOR DIVISIONAL ENGINEER,
SOUTH WESTERN RAILWAYS,
KESHAVAPUR, HUBBALLI.
3. THE PRINCIPLE REVENUE SECRETARY,
GOVT. OF KARNATAKA,
REVENUE DEPARTMENT,
M.S. BUILDING, BENGALURU-560001.
...RESPONDENTS
(BY SRI PRAVEEN K. UPPAR, AGA FOR R1 AND R3;
SRI MRUTYUNJAY TATA BANGI, CGSC FOR R2 AND R4)
-7-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
THIS MISCELLANEOUS FIRST APPEAL FILED
U/SEC.54(1) OF LAND ACQUISITION ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DTD 27.11.2019 PASSED
IN LAC.NO.100/2014 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE, HUBBALLI AND CONSEQUENTLY
ENHANCE THE AWARD AMOUNT FROM RS.1,25,000 TO
RS.4,27,977/- PER GUNTA WITH STATUTORY BENEFITS.
IN MFA NO. 102333 OF 2020
BETWEEN:
VEERAPPA
S/O. SHANKARLING HEBBALLI,
AGE : MAJOR, OCC : FARMER,
R/O : UNKAL, TQ : HUBLI,
DIST : DHARWAD.
...APPELLANT
(BY SRI R.H. ANGADI, ADVOCATE)
AND:
1. ASSISTANT COMMISSIONER,
SPECIAL LAND ACQUISITION OFFICER,
DHARWAD, D.C.COMPOUND,
DHARWAD-580001.
2. THE DEPUTY CHIEF ENGINEER (CONS)
S.W.RAILWAY ZONE, CLUB ROAD,
HUBBALLI-580031.
3. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S.BUILDING, BENGALURU-560 001.
-8-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
4. THE CHIEF PROJECT MANAGER,
RAIL VIKAS NIGAM LIMITED,
SOUTH-WESTERN RAILWAY,
HUBBALLI-580020.
...RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA FOR R1 AND R3;
SRI MRUTYUNJAYA TATA BANGI, CGSC FOR R2 AND R4)
THIS MISCELLANEOUS FIRST APPEAL FILED
U/SEC.54(1) OF LAND ACQUISITION ACT, PRAYING TO
MODIFY AND ENHANCE COMPENSATION AMOUNT FROM
RS.1,25,000/- TO RS.3,50,000/- PER GUNTA WITH
STATUTORY BENEFITS, PASSED IN LAC.NO.141/2014, DATED
26.02.2020 PASSED IN ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE, HUBBALLI,
IN MFA NO. 102334 OF 2020,
BETWEEN:
1. SMT. BHARATI
W/O. SOMANATH HEBBALLI
AGE : 45 YEARS, OCC : HOUSEWIFE,
R/O : UNKAL, TQ : HUBLI,
DIST : DHARWAD.
2. KUMARI VARSHA
D/O. SOMANATH HEBBALLI
AGE : 26 YEARS, OCC : STUDENT,
R/O : UNKAL, TQ : HUBLI,
DIST : DHARWAD.
-9-
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
3. KUMAR VEERESH
S/O. SOMANATH HEBBALLI
AGE : 24 YEARS, OCC : STUDENT,
R/O : UNKAL, TQ : HUBLI, DIST : DHARWAD.
4. PRABHULING
S/O. SIDDALINGAPPA @
SIDDAPPA HEBBALLI
AGE : MAJOR, OCC : FARMER,
R/O : UNKAL, TQ : HUBLI, DIST : DHARWAD.
...APPELLANTS
(BY SRI R.H. ANGADI, ADVOCATE)
AND:
1. ASSISTANT COMMISSIONER,
SPECIAL LAND ACQUISITION OFFICER,
DHARWAD, D.C.COMPOUND,
DHARWAD-580001.
2. THE DEPUTY CHIEF ENGINEER (CONS),
S.W.RAILWAY ZONE, CLUB ROAD,
HUBBALLI-580031.
3. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S.BUILDING, BENGALURU-560 001.
4. THE CHIEF PROJECT MANAGER,
RAIL VIKAS NIGAM LIMITED,
SOUTH-WESTERN RAILWAY, HUBBALLI-580020
...RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA FOR R1;
SRI MRUTYUNJAYA TATA BANGI, CGSC FOR R2)
- 10 -
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
THIS MISCELLANEOUS FIRST APPEAL FILED
U/SEC.54(1) OF LAND ACQUISITION ACT, PRAYING TO
MODIFY AND ENHANCE COMPENSATION AMOUNT FROM
RS.1,25,000/- TO RS.2,50,000/-PER GUNTA WITH
STATUTORY BENEFITS, PASSED IN LAC.NO.22/2014, DATED
26.02.2020 PASSED BY THE I ADDITIONAL SENIOR CIVIL
JUDGE, HUBBALLI.
IN MFA NO. 100064 OF 2021
BETWEEN:
SRI MADIWALAPPA
S/O. SHIDDAPPA TORGAL,
AGE: 63 YEARS, OCC: AGRICULTURE,
RESI: GANIGER ONI, UNKAL, HUBLI.
...APPELLANT
(BY SRI R.H. ANGADI, ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER,
ASST. COMMISSIONER,
DHARWAD, PINCODE-580001.
2. UNION OF INDIA,
DEPUTY CHIEF ENGINEER,
CONSTRUCTION, SOUTH WESTERN RAILWAY,
HUBLI-580020.
3. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S.BUILDING, BANGALORE, PINCODE-560001.
- 11 -
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
4. THE CHIEF PROJECT MANAGER,
RAIL VIKAS NIGAM LIMITED,
SOUTH WESTERN RAILWAY,
HUBLI-580020.
...RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA FOR R1 AND R3;
SRI MRUTYUNJAYA TATA BANGI, CGSC FOR R2 AND R4.)
THIS MISCELLANEOUS FIRST APPEAL FILED
U/SEC.54(1) OF LAND ACQUISITION ACT, PRAYING TO
MODIFY AND ENHANCE COMPENSATION AMOUNT FROM
RS.1,25,000/- TO RS.2,50,000/- PER GUNTA WITH
STATUTORY BENEFITS, PASSED IN LAC.NO.98/2014, DATED:
30/09/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, HUBBALLI.
IN MFA NO. 100472 OF 2021
BETWEEN:
1. SRI CHANNAPPAGOUDA
S/O. BASANAGOUDA MARIGOUDRA
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: PYATISAL ONI, UNKAL, HUBBALLI.
SRI.MALLANAGOUDA
S/O. BASANAGOUDA MARIGOUDRA,
SINCE DECEASED BY HIS LRS.
2. SMT. SHEELA
W/O. MALLANAGOUDA MARIGOUDRA,
AGE: MAJOR, OCC: HOUSEWIFE,
R/O: PYATISAL ONI, UNKAL, HUBBALLI.
- 12 -
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
3. CHANDRA
D/O. MALLANAGOUDA MARIGOUDRA
AGE: MAJOR, OCC: HOUSEHOLD,
R/O: PYATISAL ONI, UNKAL, HUBBALLI.
...APPELLANTS
(BY SRI R.H. ANGADI, ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER,
ASST. COMMISSIONER, DHARWAD-580001.
2. UNION OF INDIA,
DEPUTY CHIEF ENGINEER, CONSTRUCTION,
SOUTH WESTERN RAILWAY, HUBBALLI-580023.
3. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, M.S. BUILDING,
BENGALURU-560001.
4. THE CHIEF PROJECT MANAGER,
RAIL VIKAS NIGAM LIMITED,
SOUTH WESTERN RAILWAY, HUBBALLI-580023.
...RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA FOR R1 AND R3;
SRI MRUTYUNJAYA TATA BANGI, CGSC FOR R2 AND R4)
THIS MISCELLANEOUS FIRST APPEAL FILED
U/SEC.54(1) OF LAND ACQUISITION ACT, PRAYING TO
MODIFY THE ENHANCE COMPENSATION AMOUNT FROM
RS.1,25,000/- TO RS.2,50,000/- PER GUNTA WITH
STATUTORY BENEFITS, PASSED IN LAC.NO.93/2013, DATED
30/09/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, HUBBALLI.
- 13 -
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
IN MFA NO. 104594 OF 2022
BETWEEN:
KALLAPPA S/O RAMAPPA BADAMI
AGE: 71 YEARS, OCC: AGRICULTUR,
R/O: BADAMI ONI, UNAKAL, HUBBALLI 580031.
...APPELLANT
(BY SRI R.H. ANGADI, ADVOCATE)
AND:
1. ASSISTANT COMMISSIONER,
AND LAND ACQUISITION OFFICER,
D C COMPOUND, DHARWAD 580001.
2. THE UNION OF INDIA,
REPRESENTED B DEPUTY CHIEF ENGINEER,
CONSTRUCTION, SOUTH WESTERN RAILWAYS,
CLUB ROAD, KESHAVAPUR, HUBBALLI 580020.
3. THE PRINCIPAL SECRETARY,
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHAN SOUDHA, M.S. BUILDING,
BENGALURU 560001.
4. THE CHIEF PROJECT MANAGER
RAIL VIKAS NIGAM LIMITED,
SOUTH WESTERN RAILWAY,
KESHVAPUR, HUBBALLI 580020.
...RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGAFOR R1 AND R3;
SRI MRUTYUNJAYA TATA BANGI, CGSC FOR R2)
- 14 -
NC: 2023:KHC-D:12353-DB
MFA No. 102332 of 2020
C/W MFA No. 103072 of 2017,
MFA No. 103073 of 2017,
MFA No. 100259 of 2020,
MFA No. 102333 of 2020,
MFA No. 102334 of 2020,
MFA No. 100064 of 2021,
MFA No. 100472 of 2021,
MFA No. 104594 of 2022
THIS MISCELLANEOUS FIRST APPEAL FILED
U/SEC.54(1) OF LAND ACQUISITION ACT, PRAYING TO
MODIFY AND ENHANCE COMPENSATION AMOUNT FROM
RS.1,25,000/- TO 3,00,000/- PER GUNTA WITH STATUTORY
BENEFITS, PASSED IN L.A.C. NO. 99/2014, DATED
01/08/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, HUBBALLI,
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, BASAVARAJA, J., DELIVERED THE FOLLOWING:
JUDGMENT
All these appeals are arising out of the judgment and award dated 26th February, 2020 passed in LAC Nos.140, 141 and 22 of 2014; judgment and award dated 01st September, 2015 passed in LAC No.6 and 3 of 2014; judgment and award dated 27th November, 2019 passed in LAC No.100 of 2014; judgment and award dated 30th September, 2020 passed in LAC No.98 of 2014 and LAC No.93 of 2013; and judgment and award dated 01st August, 2022 passed in LAC No.99 of 2022 by the First Additional Senior Civil Judge, Hubballi (for brevity, hereinafter referred to as the "Reference Court").
- 15 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
2. For the sake of convenience, the parties in these appeals are referred to as per their status and rank before the Reference Court.
3. Appellants/claimants have filed Reference Petition under Section 18 of the Land Acquisition Act seeking enhancement of compensation to their lands having been acquired by respondents. The details of Miscellaneous First Appeals are as follows:
LAC No./ Disposal SLAO General Preliminary MFA date & award No. Sy Extent Sl.No Notification Village No. Award Date & No. A:G:A & date amount per Amount Gunta
1. 102332/ 140/2014, LAQ/CR/68/2 LAQ/SR/H/06/1 Unkal 84/3A 0:27:12 2020 26.02.2020 & 010-11 0-11 & (Main) Rs.1,25,000/ 28.10.2010 29.01.2013 84/3B
- Rs.10,29,223/-
Rs.23,319/- per Guntas
2. 103072/ 6/2014 LAQ/CR/68/2 LAQ/SR/H/06/1 Unkal 83/3 0:18:0 2017 01.09.2015 010-11 0-11 Rs.1,00,000/ 28.10.2010 29.01.2013
- Rs.23,319/- per Guntas
3. 103073/ 3/2014 LAQ/CR/68/2 LAQ/SR/H/06/1 Gopan- 205/3 0:19:8 2017 01.09.2015 010-11 0-11 koppa A Rs.1,00,000/ 28.10.2010 29.01.2013
- Rs.13,127/- per Guntas
- 16 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
4. 100259/ 100/2014 LAQ/CR/68/2 LAQ/SR/H/06/1 Unkal 216 0:27:08 2020 27.11.2019 010-11 0-11 Rs.1,25,000/ 28.10.2010 29.01.2013
- Rs.10,19,951/-
Rs.23,319/- per Guntas
5. 102333/ 141/2014 LAQ/CR/68/2 LAQ/SR/H/06/1 Unkal 86/2B 0:11:8 2020 26.02.2020 & 010-11 0-11 Rs.1,25,000/ 28.10.2010 29.01.2013
- Rs.23,319/- per Guntas
6. 102334/ 22/2014 LAQ/CR/68/2 LAQ/SR/H/06/1 Unkal 85/2A 0:4:8 2020 26.02.2020 & 010-11 0-11 +2B/1 0:5:12 Rs.1,25,000/ 28.10.2010 29.01.2013 &
- Rs.3,80,164/- 86/2A Rs.23,319/- per Guntas
7. 100064/ 98/2014 LAQ/CR/68/2 LAQ/SR/H/06/1 Unkal 402/2 0:4:0 2021 30.09.2020 010-11 0-11 Rs.1,25,000/ 28.10.2010 29.01.2013
- Rs.1,48,357/-
Rs.23,319/- per Guntas
8. 100472/ 93/2013, LAQ/CR/68/2 LAQ/SR/H/06/1 Unkal 403/2 0:7:12 2021 30.09.2020 010-11 0-11 A/1 Rs.1,25,000/ 28.10.2010 29.01.2013 403/2
- Rs.5,74,882/- A/2 Rs.23,319/- per Guntas
9. 104594/ 99/2014, LAQ/CR/68/2 LAQ/SR/H/06/1 Unkal 84/2 0:13:0 2022 01.08.2022 010-11 0-11 Rs.1,25,000/ 28.10.2010 29.01.2013
- Rs.4,82,159/-
Rs.23,319/- per Gunta In Reference Petitions, it is stated that notice under Sections 4(1) and 17(4) of the Land Acquisition Act, 1984 (for short hereinafter referred to as the "Act") were published in
- 17 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 the Government Gazette and possession of lands was taken on 01st December, 2011 and general award has been passed in LAQ/SR/H/06/2010-11 dated 29th January, 2013 and award notices were issued under Section 12(2) the Act. The claimants received compensation under protest and filed the respective reference petitions under Section 18 of the Act praying to refer the matter to the Reference Court for enhancement of compensation.
4. After receipt of reference petitions, the Reference Court issued notices to the respondent/claimants. In response to the notice, the respondent/claimants appeared through their counsel, statement of objections of Respondent No.1 was filed. Same is adopted by respondent No.3. Respondents 2 and 4 have filed separate statement of objections contending that the Reference Petitions are not maintainable in law and on facts. The petitions are barred by time. The acquired lands are agriculture lands. They do not have any non-agriculture potentiality. The award passed by
- 18 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 the respondent No.1 is just and proper and based on prescribed methods. The amount claimed by the claimants is exorbitant, imaginary and without any basis. Respondent No.4 is not a beneficiary and it is an independent Company established by the Ministry of Railways with an intention to speedy completion of projects of civil constructions and laying up of railway lines and other projects and the same is not necessary party to the proceedings. On all these grounds sought for dismissal of petitions.
5. To prove the case of claimant/appellants, the claimants in LAC Nos.140, 141 and 22 of 2014 have been examined as PWs1 to 3 and 22 documents are marked as Exhibits P1 to P22. In LAC No.100 of 2014, the claimants namely Smt. Kavitha C, Patil and another witness namely Sri. A.S. Kapali is examined as PWs1 and 2. 24 documents were got marked as Exhibits P1 to P24. In LAC Nos.91, 92, 93, 95, 96 and 98 of 2013, seven witnesses were examined as PWs1 to 7 and 38 documents were got marked as Exhibits P1 to
- 19 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 P38. In LAC No.6 of 2014, one Smt. Mumtaz was examined as PW.1 and 17 documents were got marked as Exhibits. P1 to P17. In LAC No.3 of 2014, one Neelavva was examined as PW.1 and 14 documents were got marked as Exhibits P1 to P14. In LAC No.99 of 2014 and other 3 cases, 5 witnesses were examined as PWs.1 to 5. 41 documents were got marked as Exhibits P1 to P44. On closure of complainant's side evidence, in LAC No.140, 141 and 22 of 2014, on behalf of respondent, 5 witnesses were examined, 8 documents were marked as Exhibits. R1 to R8. In LAC No.100 of 2014, 2 witnesses are examined as RWs.1 and 2. one document was got marked as Exhibit.R1. In LAC No.93/2013 and other 4 clubbed cases, one witness is examined as RW.1, 1 document is got marked as Exhibit.R1. In LAC No.6 of 2014, one witness is examined as RW.1. No documents are marked on behalf of respondents.
Upon hearing arguments on both sides, the Reference Court has passed an award to the effect that the claimants
- 20 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 are entitled for compensation of Rs.1,25,000/- per gunta with all statutory benefits as contemplated under Section 23(2), 23(I-A) and Section 28 of the Act.
6. Being aggrieved by the impugned judgment and award passed by the Reference Court, these appeals are preferred by the claimants/land losers for enhancement of compensation.
7. Sri R.H. Angadi, learned counsel appearing for the appellants submitted that the impugned judgment and award passed by the Reference Court awarding compensation of Rs.1,25,000/- per gunta is erroneous, perverse, capricious, as the land acquired by Special Land Acquisition Officer is having non-agricultural potentiality. The Reference Court has much relied on the judgment in the Order passed in LAC No.6 of 2014 by the III Additional Senior Civil Judge, Hubballi, only on the count that the lands acquired in the said case and lands in the present case, are under same notification and for the
- 21 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 same purpose. In fact, the lands that belong to claimants are very near to lands which are already converted into non- agricultural lands and the lands in question are also having non-agriculture potentiality and are falling within the limits of Hubli-Dharwad Municipal Corporation. The lands in question are having non-agricultural potentiality, if it is converted for non-agricultural purpose and it fetches Rs.12,00,000/- per gunta in the said locality. The Special Land Acquisition Officer has not properly considered the location of the land and its accessibility to the township and further, the land is surrounded by residential layouts and the land belonging to claimants fetches more value. The Reference Court has failed to refer to the copy of the consensus order produced at Exhibit P6 which pertains to Survey No.185/1B/2 measuring 29 guntas situate at Unkal village, which were converted in the year 2010 itself, and the said land is very much abutting to the lands acquired by respondent-authority. The Reference Court has also failed to assess the evaluate of documentary
- 22 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 evidence in its proper perspective and further, the Reference Court has failed to refer to the judgments dated 17th August, 2011 rendered in LAC No.5 of 2010 and LAC No.6 of 2010 passed by Principal Civil Senior Judge, Hubballi, where, the lands acquired in the said case are abutting the land in the present appeals, and the value is fixed at Rs.1,000/- per square feet. In such circumstances, the lands in the present case are acquired subsequent to the said lands which are acquired in the above said case to which value was fixed at Rs.1,000/- per square feet and this judgment has not been properly considered by the Reference Court. Further, the Reference Court has failed to consider the sale deed Exhibit P8 pertaining to a plot measuring four guntas situate at Unkal village, which has been sold at Rs.52.00 lakh. On this point, the claimants have referred to the judgment of the Hon'ble Apex Court in the case of PAL SINGH AND OTHERS V. UNION TERRITORY OF CHANDIGARH reported in 1992(4) SCC 400, wherein the Hon'ble Apex Court has held that the market
- 23 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 value of the land acquired is declared or informed on the sale statistics to safely fix the market value. The Reference court has failed to consider the evidence of claimants. Reference Court has also failed to consider the evidence of RW1 who has admitted in his cross-examination about existence of land acquired by the respondents. The market value fixed by the Reference Court is based on assumptions and presumption and no proper reasons are assigned to fix the market value of Rs.1,25,000/- per gunta in the absence of any proper reasons assigned by the Reference Court requires to be interfered with by this Court. He has also drawn our attention as to the document Exhibits P6, P7, P12, P19, P19A and P22. On all these grounds sought for modification and enhancement of compensation with statutory benefits.
8. Learned counsel appearing for the respondents submitted that as per Exhibits P6 and P7, the compensation awarded by the Reference Court at the rate of Rs.1,25,000/- per gunta is proper and correct. The Reference Court has
- 24 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 properly appreciated the evidence on record in accordance with law and facts and there are no grounds to interfere with the impugned judgment and award passed by the Reference Court. On all these grounds sought for dismissal of appeals.
9. Having heard the arguments on both sides and on perusal of the records, the following points would arise for our consideration in these appeals:
(i) Whether the appellant/claimants are entitled for enhancement of compensation from Rs.1,25,000/- per gunta to Rs.2,50,000/- per gunta as sought for?
(ii) What order or award?
10. Our answer for the above points are as under:
Issue No.1: in the affirmative;
Issue No.2: as per final order Regarding Point No.1:
- 25 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
11. We have carefully examined the material placed before this Court. The lands in question are acquired by the respondent-authorities for the purpose of Hubballi-Hospet and Hubballi-Londa By-pass Railway line, which are situated in Unkal village, Hubballi Taluk, Dharwad District. To the lands situated in Unakal village, the Special Land Acquisition Officer has passed an award, awarding the compensation of Rs.23,319/- per gunta and to the lands in question in Sl.No.3 situated in Gopanakoppa, the Special Land Acquisition Officer has awarded compensation of Rs.13,127/- per gunta. In paragraph 24 of the impugned judgment, passed by the trial Court, which pertains to LAC No.140 and 22 of 2014 connected with LAC No.141 of 2014, the Special Land Acquisition Officer has considered the lands in question as agriculture lands and lost sight of the fact that the acquired lands have non-agriculture potentiality. Further, the Reference Court observed that the acquired lands are situated within the limits of Hubballi-Dharwad Municipal Corporation.
- 26 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 In paragraph 25 of the judgment, the Reference Court has observed that the certified copy of the judgment passed in LAC No.6 of 2014 on the file of III Additional Senior Civil Judge, Hubballi, which is not disputed by the respondents, the notification of the said land and the present cases are one and the same. Lands acquired in those cases are also situated in Unakal village and are acquired for the same purpose. In the said judgment, the Reference Court has determined the compensation of Rs.1,25,000/- per gunta with all statutory benefits. On the basis of the said judgment and award, the Reference Court has passed the impugned judgment and award by determining the compensation at Rs.1,25,000/- per gunata. The Reference Court has also relied upon the decision of Hon'ble Supreme Court in the case of PAL SINGH (supra) and the decision in the case of THE SPECIAL LAND ACQUISTION OFFICER v. FAKEERAPPA MOOGABASAPPA AND OTHERS reported in ILR 2004 KAR 2371.
- 27 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
12. Before re-appreciation/re-consideration as to the market value of the lands in question, it is appropriate to here as to the decisions of the Hon'ble Apex Court in the case of Ashrafi and others vs. State of Haryana and others reported in AIR 2013 SC 3654, in paragraph Nos.34 and 35, their Lordships observed as under:
"34. As indicated hereinbefore, a common question is involved in all these matters in respect of the lands acquired in the States of Punjab, Haryana, Madhya Pradesh, Andhra Pradesh and the Union Territory of Chandigarh. Since the acquired lands are situated in different areas even within the different States, different quantums of compensation have been awarded for the lands so acquired. The general principles which have been followed in assessing the compensation payable in all these matters are the location of the lands sought to be acquired, their potential for development, their proximity to areas which are already developed and the exorbitant rise in the value of the lands over the years. In some of the cases, the authorities have taken recourse to the comparison method in regard to sale transactions effected in respect of similar plots of land in the area
- 28 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 under notifications close to the date of notification by which the lands of the Appellants were acquired. The Courts have also taken recourse to assessing the value of the lands for the purposes of compensation on a uniform rate in respect of the lands acquired, making a special concession in respect of the lands which are close to the roads and National Highways where a certain amount of development had already taken place.
35. Having resorted to the aforesaid methods, the Collectors of the different areas arrived at different valuations in respect of the lands situated within their respective jurisdictions. In most of the cases, the High Court almost on a uniform basis awarded compensation at the rate of Rs.235/- per sq. yard on a flat rate notwithstanding the type of land involved. In Smt. Ashrafi's case arising out of RFA No.99 of 1997 decided by the Punjab & Haryana High Court on 21st May, 2007, along with several other similar appeals, the Land Acquisition Collector awarded compensation at the rate of Rs.3,50,000/- per acre for "chahi" lands and Rs.1,50,000/- per acre for other lands. The Reference Court fixed the compensation at Rs.45/- per sq. yard as against the rate of compensation awarded by the Land
- 29 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 Acquisition Collector. In respect of similar lands, the High Court fixed the compensation at Rs.220/- per sq. yard in respect of the lands situated in village Mewla and Maharajpur for establishing Sector 34, Faridabad. It has been agitated on behalf of the Appellants that the said assessment of compensation fixed by the High Court was on the lower side in view of the fact that in respect of lands acquired under the same Notification dated 20th August, 1989, the District Court had fixed the market value at Rs.328.50 per sq. yard and also at Rs.337/- per sq. yard, in respect of the lands acquired under a Notification issued in July, 1987. In Smt. Kamlesh Kumari's case, in which the facts were the same, as that in Smt. Ashrafi's case, the Collector had awarded Rs.1,96,000/- per acre in respect of the acquired lands which figure had been enhanced by the Reference Court to Rs.325/- per sq. yard, which would be equivalent to Rs.15,73,000/- per acre. The High Court reduced the rate from Rs.325/- per sq. yard to Rs.90/- per sq. yard, but ultimately the compensation was assessed at Rs.238/- per sq. yard. In appeal, the said amount was increased to Rs.280/- per sq. yard."
- 30 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
13. In another decision in the case of Acquainted Realtors, LLP and others vs. State of Haryana and others reported in (2021)11 SCC 177, in paragraph Nos.9 and 10, their Lordships observed as under:
"9. Finding that the lands in the instant case were comparable with the lands from Villages Shikohpur, Nawada Fatehpur and Naharpur Kasan, the High Court fixed market value in respect of the lands concerning present acquisition at Rs.43,61,400/-. The relevant discussion was as under:- (Tej Singh case, SCC Online P &H paras 51-53).
"51. The argument raised by Mr. Shailender Jain, Sr. Advocate that the sale deed dated 16.08.2004, in favour of M/s Conway (2008) 14 SCC 745 Developers Pvt. Ltd. which fall in Village Naurangpur, wherein land was sold for Rs.57,60,000/- per acre should be the relevant sale exemplar and should be taken into consideration to fix the market value of the present 5 villages, though attractive at the first blush, but is not liable to be accepted. While deciding the cases of adjoining village, i.e. Naurangpur, Shikohpur, Nawada Fatehpur, Naharpur Kasan and Lakhnoula, wherein land had been acquired for Phase-II of the Industrial Model township, for industrial, commercial, recreational and other public utilities, the said sale deed had been taken into consideration for the notification dated 17.09.2004 in RFA No.3381 of 2013 - HSIDC now HSIIDC v. Roshan Lal and others, decided on 25.05.2018. The market
- 31 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 value of the 2 villages, namely, Lakhnoula and Naurangpur has been assessed at Rs.48,46,000/- since they were falling on the Highway for the notification dated 17.09.2004. The land falling in the interior and away from the Highway, in Villages Naharpur Kasan, Nawada Fatehpur and Shikohpur were given Rs.43,61,400/- per acre. Even in the said case, it was noticed that the location of the said sale deed had not been brought on record on the siteplans and from the evidence, it would be clear that it was falling on the main road on the National Highway No.8 and abutting the same and was in favour of a Developer. Accordingly, the sale deed was taken into consideration for assessing the market value of the said villges, especially Naurangpur and Lakhnoula, as such, which were abutting the main highway also, as per the site-plan in question. The market value, as such was found that it was hovering around Rs.57 lacs, as such. However on the basis of sake deed dated 17.08.2003 (Ext.P13), in the said set of cases, whereby land measuring 8 kanals 8 marlas wa sold in favour of M/s Reliance Industries Ltd. in Village Lakhnoula with the frontage of 75.8 meters on the National Highway No.8 on its southern side, as per the description given in the site plan, the value was , thus, worked out at Rs.50,90,238/- per acre by granting 12% enhancement Rs.6,10,828/-, keeping in view the development which was taking place in the said area. The per acre value had thus worked out at Rs.57,01,066/- and thereafter, 15% cut had been applied to assess the market value at Rs.48,45,907/- (rounded of to Rs.48,46,000/-) for the land falling on the highway for Village Naurangpur and Lakhnoula. The lands falling inside and away from the Highway were assessed by granting another 10% cut and accordingly, for land falling in Village Shikohpur, Nawada Fatehpur and Naharpur Kasan, the amount was further reduced to Rs.43,61,400/-.
- 32 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
52. The pleadings and evidence have already been discussed in detail in the above paras and it is amply clear that the land in question is located at a considerable distance ranging from 7 to 10 kms from National Highway aNo.8 and therefore, cannot be granted the benefits of the land which is abutting the Highway and closure to the main town of Gurgaon since Naurangpur is situated ahead of Manesar towards Gurgaon. The argument that the market value of the land adjoining villages could also be taken into consideration while assessing the market value, would not apply in the present case, as a perusal of the site plans would go on to show that there are several revenue estates between the lands which have been acquired of he 5 villages and village Naurangpur. The site plan (Ext.P222 and Ext.R1, in RFA No.384 of 2013 - Tej Singh's case) would show that the land is on the fag end of the development which is taking place on the Highway and away from the National Highway. Village Naharpur Kasan, Lakhnoula and Maneswar's revenue estates would come in between the lands of the acquired villags. The distance though pleaded in several cases that it was close to the National Highway No.8, has been clarified time and again by the appellant- Corporation that it is ranging between 7-10 kms from the National Highway. In such circumstances the sale deed in favour of M/s Conway Developers Pvt. Ltd. could not be safe exemplar for fixing the market value and, therefore, the said judgment is rejected.
53. The issue of assessing the market value would, thus, necessarily have to be on the basis of a closer sale deeds of the villages in question or of the adjoining villages. As noticed earlier, in RFA No.3381 of 2013 titled HSIDC now HSIIDC v. Roshan Lal and others, the sale deed in favour of M/s Reliance Industries was kept in mind for assessing the market value which fell in the revenue estate of Village Lakhnoula. The land
- 33 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 acquired in Village Naharpur Kasan, market value was accordingly, fixed at Rs.43,61,400/- after giving the necessary cut. The said award, as such, can be treated as relevant piece of evidence to assess the market value of he acquired land also since Naharpur Kasan is the adjoining village. The difference between the two notifications in question was for a period of one year as the earlier notification was dated 17.09.2004 whereas the present notification is dated 27.09.2005. It has already been noticed on an earlier occasion in Maqdan Pal-III (supra) that major developments was taking place in the area in the form of industry being encouraged and the big names had already come in like Maruti Suzuki Ltd. The 10% increase, thus, can be safely granted which would enhance the market value to Rs.47,96,540/- per acre. However, the said benefit, as such, is also not liable to be granted, keeping in view the location of the land which is deeper inside and would not fetch the same value though a period of one year might have gone by which the Section 4 notification had been issued. Accordingly, this Court is of the opinion that the market value for the lands of the 5 villages in question, namely, Dhana, Kasan, Bas Huria, Bas Lambi and Bas Khusla is liable to be assessed at the same amount as what was granted to Naharpur Kasan, @ Rs.43,61,400/- per acre along with situatory benefits."
10. Going by the location, the High Court found that the lands involved in the instant acquisition were identical to the lands from Villages Shikohpur, Nawada Fatehabad and Naharpur Kasan. It relied on site plan Ext.P22. It also considered the difference of about a year between
- 34 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 two notifications i.e. to say the notification dated 17.09.2004 under Section 4 of the Act in the earlier case and notification dated 27.09.2005 in the present case. It was observed that logically 10% increase could safely be granted. However, considering the location of the lands and being satisfied that there would not be any difference in the value despite lapse of a year, it assessed the market value for the lands in question at Rs.43,61,400/- per acre."
14. In another decision of the Hon'ble Apex Court in the case of Haryana State Industrial Development Corporation v. Pransukh and others reported in (2010)11 SCC 175, at paragraph Nos.22 to 25 and 28, their Lordships observed as under:
"22. In our view, the learned Single Judge did not commit any error by relying upon sale transaction, Ext.P-1 for the purpose of fixing market value of the acquired land. Undisputedly, that sale transaction was between two corporate entities and the entire sale price was paid through bank drafts. It is also not in dispute that the land which was subject-matter of Ext.P-1 is situated at Village Naharpur Kasan and is adjacent to
- 35 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 the acquired alnd. The Corporation and the State Government did not adduce any evidence to prove that the land sold vide Ext.P-1 was overvalued with an oblique motive of helping the landowners to claim higher compensation. Therefore, we do not find any justification to discard or ignore sale deed, Ext.P-1. The refusal of the learned Single Judge to rely upon other sale transactions in which sale price of the land was shown as Rs.7 lakhs per acre also does not suffer from any legal infirmity because it is well known that transactions involving transfer of properties are usually undervalued with a view to avoid payment of the requisite stamp duty and registration charges.
23. However, we agree with the learned counsel for the landowners that the High Court should not have imposed cut of 1/4th in one batch of appeals and 20% cut in the other batch of appeals qua the average sale price reflected by Ext.P-1 only on the ground that the area of the land acquired by the State Government was too large as compared to 12 acres of land for which sale deed, EXt.P-1 was executed.
24. In a matter like the present one, it cannot be ignored that the land was acquired for setting up an industrial model township at Manesar and after developing the land, the Corporation was bound to sell the plots at a
- 36 -
NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 much higher price to the existing or prospective industrial entrepreneurs. In this scenario, the learned Single Judge committed an error by applying 1/4th of compensation to the landowners.
25. This approach is in consonance with the law laid down in Subh Ram v. State of Haryana, the relevant portions of which are extracted below:
"16. Therefore, when deduction is made from the value of a small residential plot towards the development cost, to arrive at the value of a large tract of agricultural or undeveloped land with development potential, the deduction has nothing to do with the purpose for which the land is acquired. The deduction is with reference to the price of the small residential plot, to work back the value of the large tract of undeveloped land. On the other hand, where the value of acquired agricultural land is determined with reference to the sale price of a neighbouring agricultural land, no deduction need be made towards 'development cost'.
17. It is no doubt true that this Court in some decisions has observed that purpose of acquisition will also be relevant. But it is made in a different context. The Land Acquisition Collectors in some cases adopt belting methods for valuation of land, with reference to a focal point, that is, either with reference to the distance from the main road, or distance from a developed area. Lands that adjoin a developed area or a main road are given a higher value than a land farther away from the road or the developed area. The Land Acquisition Collectors
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 also award different compensation depending upon whether the acquired land is a dry land or wet/irrigated land.
18. When different categories of lands (or lands with different situational advantages) are acquired for the same purpose, say for forming of a residential layout, courts have sometimes felt that determination of their value with reference to previous status or situation should be avoided and a uniform rate of compensation should be awarded for all lands acquired under the same notification."
28. Since this Court had stayed execution of the award subject to the condition of deposit of compensation amount at the rate of Rs.10 lakhs per acre and we are informed that in compliance with the interim orders, the Corporation had deposited the compensation amount at the rate of Rs.10 lakhs per acre, we direct it to deposit the balance amount with the Land Acquisition Collector by 31-1-2011 in the form of cheques dawn in the name of the landowners and/or their legal representatives. With a view to ensure that the landowners are not fleeced by the middlemen, we deem it proper to issue the following further directions:
(i) The Land Acquisition Collector shall depute officers subordinate to him not below the rank of Naib Tahasildar, who shall get in touch with all the landowners and/or their legal representatives and inform them about their entitlement and right to receive enhanced compensation.
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
(ii) The officers concerned shall also instruct the landowners and/or their legal representatives to open savings bank account in case they already do not have such account.
(iii) The bank account numbers of the landowners should be given to the Land Acquisition Collector within three months.
(iv) The Land Acquisition Collector shall deposit the cheques of compensation in the bank accounts of the landowners."
15. In the decision of Hon'ble Apex Court in the case of Jaiprakash (dead) by LRs and others v. State of U.P. and Another reported in (2020) 11 SCC 770, wherein in paragraphs 7, 9, 11 and 12, their Lordships observed as under:
"7. We find that there is nothing on record which requires that two lands should be treated differently. It is a fact that lands in both cases cited above, are situated on the same side of the road as is apparent from the map on record. We therefore, have no hesitation in granting the same rate of compensation to the present appellants i.e., Rs.297 per square yard, as was awarded in Narendra case.
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
9. We further direct that the compensation @ Rs.297 per square yard be paid to the appellants by the respondents within a period of six months from today.
11. In view of the order passed by this Court in the aforesaid case titled as Jaiprakash v. State of U.P. (Civil Appeal No.16960 of 2017 (arising out of SLP (C) No.13802 of 2016], this appeal is also allowed and the orders passed by the courts below are set aside."
12. We further direct that the compensation @ Rs.297 per square yard be paid to the appellants by the respondents within a period of six months from today."
16. In all the appeals, the lands in question are acquired under preliminary notification No.LAQ/CR/68/2010- 11 dated 28.10.2010 for the purpose of Hubballi-Hospet and Hubballi-Londa by-pass railway line by Southern Railway.
17. The claimants have adduced their oral evidence in which they have stated that the lands in question are having non-industrial potentiality and surrounded with school, colleges and residential houses, commercial buildings, APMC market, Drugs and Medical Control Board, Karnataka Oil Seed
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 Federation and worth of properties are more than Rs.12.00 lakh per gunta. The claimants have also produced the certified copy of sale deed-Exhibit P5 which reveals that one Prashantha, S/o of Manohar Achalkar has sold the property bearing Survey.No.613/A, Plot No.9, measuring 4 guntas 75 ana situate at Ganesha Layout, Gokul Road, Unkal Village, Hubballi Taluk to Syed Imtiyaz s/o. Syed Zahiruddin for valuable consideration of Rs.52,00,000/-. This land is very near to the lands acquired by the respondents in the present case. Exhibit.P6 is the sale deed dated 18.08.2010 pertaining to land bearing Survey.No.409/B, Plot No.140 measuring 1 gunta, 15 anas wherein one Veeresha Marithamannappa Suranagi has executed the sale deed in favour of Sathish S/o. Yelappa Jagathappa for a valuable consideration of Rs.8,39,000/- per gunta which is prior to the preliminary notification. Exhibit P22 is the copy of the colour local map of Hubballi Local Planning Area issued by Hubballi-Dharwad Urban Development Authority, which reveals that distance
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 between acquired land is within the vicinity of 200-300 mtrs. Exhibit.P19 is the letter addressed by Smt. Kavitha to one Sri. Aravinda S Kapali, Government registered approved land valuer, Kushal Building, Saraswathpur, Dharwad. At the request of Smt. Kavitha the Registered Valuer has issued a valuation report as per Exhibit P19(a) and (b) determining the fair market value of the acquired land at Rs.3,60,000/- per gunta and also made a declaration as under:
"DECLARATION I have had inspected the above said property on 27.09.2015 and after considering all the above said factors and by considering local enquiries regarding land value, Verified sale deed copies of sales instances during the period 2008-2009 and 2010-2011, valuation is done.
a) The information furnished above is true to the best of my knowledge and belief.
b) I have no direct or indirect interest in the property valued.
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022
c) I inspected the property personally on 29.09.2015
d) I have not been found guilty of misconduct in my professional capacity.
e) Legal aspects were not considered.
f) This valuation holds good for Prevailing Market Rate of site as on 2010-2011
g) On the basis of the Guide Line Value and as per the Guide Lines mentioned in the book "Theory & Practice of Valuation written by Dr. Roshan H Namavathi.
CERTIFICATE It is hereby certified that the present fair market value of the above acquired property with the existing conditions and specifications is in my opinion is Rs.3,60,000/- (Rupees Three lakhs Sixty thousand only) per gunta."
18. The registered valuer also issued drawing showing the location of survey No.216 of Unkal Village, Hubballi Taluk pertaining to LAC No.100 of 2014 and valuation report,
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 property photographs with compact disk. The said registered valuer also adduced his evidence before the court as PW.2 in LAC No.100/2014.
19. Exhibit P5 the property, i.e. land bearing Survey.No.613A, Plot No.9, measuring 4 guntas, 75 ana, situate at Ganesha Layout, Gokul Road, Unkal village, is at the distance of 200 mtrs from the land in question.
20. The property pertaining to Exhibit P6 is also situated in Unkal Village, Survey No.409B, Plot No.140 measuring 1 acre 15 guntas, situated at the distance of 200 meters from the land in question.
21. A careful examination of oral and documentary evidence placed by both parties and also keeping in mind the aforesaid decisions of Hon'ble Apex Court, it is just and proper to determine the market value of the property at Rs.2,50,000/- per gunta with all statutory benefits. Accordingly, we answer point No.1 in affirmative.
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 Regarding point No.2:
22. For the aforesaid reasons and discussions, we proceed to pass the following:
ORDER i. The appeals in MFA Nos.102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 are allowed with costs.
ii. The award dated 26.02.2020 passed by the Reference Court in LAC Nos.140, 141 and 22 of 2014; judgment and award dated 01st September, 2015 passed in LAC No.6 and 3 of 2014; judgment and award dated 27th November, 2019 passed in LAC No.100 of 2014; judgment and award dated 30th September, 2020 passed in LAC No.98 of 2014 and LAC No.93 of 2013; and judgment and award dated 01st August, 2022 passed in LAC
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NC: 2023:KHC-D:12353-DB MFA No. 102332 of 2020 C/W MFA No. 103072 of 2017, MFA No. 103073 of 2017, MFA No. 100259 of 2020, MFA No. 102333 of 2020, MFA No. 102334 of 2020, MFA No. 100064 of 2021, MFA No. 100472 of 2021, MFA No. 104594 of 2022 No.99 of 2022 by the First Additional Senior Civil Judge, Hubballi is modified as under:
iii. The appellants/claimants are entitled for compensation of Rs.2,50,000/- per gunta with all statutory benefits as contemplated under Section 23(2), 23(1-A) and Section 28 of Land Acquisition Act, 1894.
iv. Draw award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
LIST NO.: 1 SL NO.: 55