Karnataka High Court
Sudarshan Sangamesh Wali vs The Special Land Acquisition Officer on 8 November, 2017
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
MFA NO.100384 OF 2015(LAC)
BETWEEN:
SUDARSHAN SANGAMESH WALI,
AGE: 22 YEARS, OCC: AGARICULTURE,
R/O ITAGI, TQ: KHANAPUR,
DIST: BELGAUM.
... APPELLANT
(BY SRI.LINGRAJ MARADI, ADV.)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER,
MALAPRABHA PROJECT,
DHARWAD-3.
2. THE EXECUTIVE ENGINEER
M.L.B.C.C. DIVISION NO.2,
KARNATAKA NEERAVARI NIGAM LTD.,
NAVILUTHEERTH, TQ: SAUNDATTI,
DIST: BELGAUM.
... RESPONDENTS
(BY SRI.ANANDA KUMAR NAVALAGIMATH,
HCG FOR R1 AND SRI.RAMESH N.MISALE, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 54(1) OF LA ACT,
AGAINST THE JUDGEMENT AND AWARD DATED 20.12.2013,
PASSED IN LAC NO.33/2013, ON THE FILE OF THE SENIOR CIVIL
JUDGE, BAILHONGAL, PARTLY ALLOWING THE REFERENCE
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Heard learned counsel for the parties.
2. This appeal is preferred by the claimant against the judgment and award passed by the Senior Civil Judge, Bailahongal in LAC No.33/2013.
3. The lands of the appellant were acquired by the Government of Karnataka for the Malaprabha river project by issuing preliminary notification under Section 4(1) of Land Acquisition Act 1894, on 18.08.2011. The SLAO passed the award on 18.06.2012 fixing the compensation of Rs.1,07,641/- per acre. Aggrieved by the same, on reference application filed by the appellant, the matter was referred to the reference Court. The reference Court awarded compensation of Rs.2,70,000/- per acre. Being dissatisfied, the appellant is in this appeal seeking enhancement of compensation.
4. Sri.Lingaraj Maradi, the learned counsel appearing for the appellant placing reliance on the judgment of the Hon'ble Apex Court in the case of Babu 3 V/s Karnataka Neeravari Nigam Ltd. And another in Civil Appeal No.66 of 2017, would contend that the Hon'ble Apex Court has fixed the market value of the similar lands acquired under the notification dated 21.06.2007 for the very same project at Rs.3,00,000/- per acre along with all statutory benefits. The said ruling of the Hon'ble Apex Court has been followed by this Court in good number of cases and as such, the appellant herein is entitled to the similar relief with escalation of 10% per annum.
5. Learned counsel Sri. Ramesh N. Misale appearing for respondent No.2 would contend that the relief claimed in the appeal is to the extent of Rs.3,15,000/- per acre as against Rs.2,70,000/- per acre awarded by the reference Court and appeal may be allowed to that extent, modifying the award.
6. Learned AGA appearing for respondent No.1 supports the submissions of the learned counsel for respondent No.2.
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7. It is not in dispute that for similarly situated lands acquired for the very same project during the year 2007, the Hon'ble Apex Court has fixed the market value of Rs.3,00,000/- per acre with escalation of 10% per annum. The present lands are acquired by notification dated 18/08/2011, as such the claimants are entitled to 10% escalation per annum. Accordingly, the market value is assessed at Rs.4,20,000/- per acre with escalation of 10% per annum.
8. Consequently, the appeal filed by the claimant succeeds. The claimant shall be entitled to a compensation of Rs.4,20,000/- per acre with all statutory benefits and costs. However, the claimant shall pay the deficit Court fee within a period of two weeks from today.
Sd/-
JUDGE hmb