Karnataka High Court
Siddappa Ningappa Pujari vs The Assistant Commissioner on 6 March, 2018
Bench: A.S.Bopanna, S G Pandit
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 06TH DAY OF MARCH 2018
PRESENT
THE HON'BLE MR.JUSTICE A.S.BOPANNA
AND
THE HON'BLE MR.JUSTICE S.G.PANDIT
M.F.A. Crob. No.215/2007 (LAC)
C/w. M.F.A. No.8811/2006
In MFA.Crob.No.215 of 2007:
BETWEEN
SRI.SIDDAPPA NINGAPPA PUJARI
SINCE DECEASED BY HIS L.RS.
1A. SRI. LAXMAN S/O SIDDAPPA PUJARI
SINCE DIED ON 26/05/2014, BY HIS LRS
1A(A) SMT.YALLAWWA W/O LAXMAN PUJARI
AGE: 61 YEARS, OCC: HOUSEHLD WORK,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1A(B) SRI.RAMANNA S/O LAXMAN PUJARI
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1A(C) SRI.BALAPPA S/O LAXMAN PUJARI
AGE: 37 YEARS, OCC: AGRICULTURE,
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R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1A(D) SRI.MARUTI S/O LAXMAN PUJARI
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1B. SRI.YAMANAPPA S/O SIDDAPPA PUJARI
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1C. SRI.NINGAPPA S/O SIDDAPPA PUJARI
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1D. SRI.APPAYYA S/O SIDDAPPA PUJARI
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1E. SRI.RANGAPPA S/O SIDDAPPA PUJARI
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
... CROSS-OBJECTORS
(BY SRI.SRINAND A.PACHHAPURE, ADVOCATE)
AND
THE ASSISTANT COMMISSIONER
BAILHONGAL, DISTRICT-BELAGAVI-01.
... RESPONDENT
(BY SRI.RAJA RAGHAVENDRA NAIK, HCGP)
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THIS MFA CROSS-OBJECTION IS FILED AGAINST
THE JUDGMENT AND AWARD DATED 22.12.2005,
PASSED ION LAC NO.3/1999 ON THE FILE OF THE ADDL.
CIVIL JUDGE (SR.DN.), GOKAK, PARTLY ALLOWING THE
REFERENCE PETITION FOR ENHANCEMENT OF
COMPENSATION.
In MFA No.8811 of 2006:
BETWEEN
THE ASSISTANT COMMISSIONER
BAILHONGAL
... APPELLANT
(BY SRI.RAJA RAGHAVENDRA NAIK, HCGP)
AND
SRI.SIDDAPPA NINGAPPA PUJARI
SINCE DECEASED BY HIS L.RS.
1A. SRI. LAXMAN S/O SIDDAPPA PUJARI
SINCE DIED ON 26/05/2014, BY HIS LRS
1A(A) SMT.YALLAWWA W/O LAXMAN PUJARI
AGE: 61 YEARS, OCC: HOUSEHLD WORK,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1A(B) SRI.RAMANNA S/O LAXMAN PUJARI
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1A(C) SRI.BALAPPA S/O LAXMAN PUJARI
AGE: 37YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
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1A(D) SRI.MARUTI S/O LAXMAN PUJARI
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1B. SRI.YAMANAPPA S/O SIDDAPPA PUJARI
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1C. SRI.NINGAPPA S/O SIDDAPPA PUJARI
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1D. SRI. APPAYYA S/O SIDDAPPA PUJARI
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
1E. SRI. RANGAPPA S/O SIDDAPPA PUJARI
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: PATAGUNDI, TQ: GOKAK,
DIST: BELAGAVI.
... RESPONDENTS
(BY SRI.SRINAND A.PACHHAPURE, ADVOCATE)
THIS MFA IS FILED U/S 54(1) OF LA ACT AGAINST
THE JUDGMENT AND AWARD DATED 22.12.2005 PASSED
IN LAC NO. 3/99 ON THE FILE OF THE ADDL. CIVIL
JUDGE (SR.DN), GOKAK, PARTLY ALLOWING THE
REFERENCE PETITION FOR ENHANCED COMPENSATION.
THIS APPEAL AND THE CROSS-OBJECTION COMING
ON FOR ORDERS THIS DAY, A.S.BOPANNA, J.,
DELIVERED THE FOLLOWING:
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JUDGMENT
I.A.No.1/2006 is filed in MFA No.8811/2006 seeking condonation of delay of 105 days in filing the appeal. Considering the appeal and cross-objection are to be taken note for determining the just compensation, the reasons are accepted and the delay is condoned.
2. The cross-objector, who is the land looser in respect of the land bearing Sy.No.53/2A, measuring 3 acres of Patagundi village, Gokak Taluk had filed a protest petition not being satisfied with the compensation as awarded by the Land Acquisition Officer. The reference having been made was registered in LAC No.3/1999. The reference Court through the judgment dated 22.12.2005 has determined the compensation at Rs.1,06,000/- per acre towards the cultivable land and at Rs.35,000/- per acre in respect of the uncultivable land. The same was divided as 2 acres of cultivable irrigated land and 1 acre of uncultivable land. The land looser seeking further enhancement of :6: compensation in respect of the entire land has filed the cross-objection in the appeal that had been filed by the acquiring authority seeking consideration of the appeal claiming to be aggrieved by the quantum of compensation as determined by the reference Court.
3. At this point, it is necessary to take note that though the appeal and the cross-objection had been disposed of through the judgment dated 24.11.2008, however, it was subsequently noticed that as on that date, the land looser had expired and the judgment being nullity, the instant proceedings have arisen for reconsideration after having brought the legal representatives on record. It is in that background, a reconsideration is necessary.
4. Insofar as determination of the compensation, the Tribunal having taken into consideration the evidence tendered by the land looser through PW1 and the document produced at Exs.P1 to P4 had also kept in view the documents at Exs.D1 to D3 and on arriving at the :7: conclusion that the land looser was growing sugarcane in the land in question has taken into consideration the yield certificate as also the price list and on taking the sugarcane at 40 quintals has calculated the compensation at Rs.1,06,000/- per acre. Since, according to the Tribunal 1 acre of land was uncultivable, 1/3rd of the market value which had been determined in respect of cultivable land was taken into consideration and accordingly, the market value of Rs.1,06,000/- per acre was awarded to the cultivable land of 2 acres and Rs.35,000/- per acre for uncultivable land of 1 acre. Insofar as the determination as made, since the reference Court has taken into consideration the evidence that was available on record and has determined the compensation, the challenge to the same in the appeal filed by the acquiring authority cannot be accepted.
5. Therefore, the question is with regard to the appropriate market value that is to be determined in :8: respect of the entire extent of 3 acres. At the earlier point when these proceedings were disposed of, this Court had taken into consideration the purpose for which the acquisition was made and the uniform application of the market value was ordered. Apart from the consideration that had been made at that point in time, what is also to be taken into consideration is that the entire extent of 3 acres in Sy.No.53/2A of Patagundi Village, which is the subject matter of the acquisition is a contiguous extent of land. If that be the position, when there was sufficient evidence available on record to indicate that the land looser was growing sugarcane and the market value was determined on that basis, to bifurcate 1 acre therein as uncultivable land would not be justified. That apart the entire land was acquired for housing purpose as a rehabilitation center. If that be the position, the nature of the land for which it was being put to use and also the subsequent use of the entire land being available for similar purpose would indicate that :9: the uniform market value was required to be determined. In that view, the market value in respect of the entire extent of 3 acres, which is the subject matter is determined at Rs.1,06,000/- per acre and as such in respect of the 1 acre, it shall stand enhanced to Rs.1,06,000/- with the statutory benefits thereto and the cost incurred in the cross-objection.
In view of the above, MFA No.8811/2006 is dismissed as not sustainable and MFA Crob.No.215/2007 is allowed in part.
Sd/-
JUDGE Sd/-
JUDGE Vnp*