The Chief Engineer (Constructions) vs Rikabchand S/O Badarmalji on 17 December, 2021

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Karnataka High Court

The Chief Engineer (Constructions) vs Rikabchand S/O Badarmalji on 17 December, 2021

Bench: S. Sunil Dutt Yadav

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            IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

       DATED THIS THE 17TH DAY OF DECEMBER, 2021

                        PRESENT

       THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

                           AND

           THE HON'BLE MR.JUSTICE S. RACHAIAH

               M.F.A. No. 103371/2017 (LAC)
BETWEEN:

1.     THE CHIEF ENGINEER (CONSTRUCTIONS),
       SOUTH WESTERN RAILWAY, NO. 18,
       MILLERS ROAD, BENGALURU.

2.   THE DEPUTY CHIEF ENGINEER (CONSTRUCTION),
     SOUTH WESTERN RAILWAY, HUBBALLI, NOW
     REPRESENTED BY THE DY. CHIEF ENGINEER,
     SWR, DAVANGERE.
                                       -    APPELLANTS
(BY SRI MALLIKARJUN S. HIREMATH, ADVOCATE)

AND:

1.     RIKABCHAND S/O BADARMALJI,
       SINCE DECEASED BY HIS LRS.

1(a). SMT. SUNDAR BAI W/O LATE RIKABCHAND,
      AGE: 73 YEARS, OCC.: BUSINESS,

1(b). PRAKASH S/O LATE RIKABCHAND,
      AGE: 43 YEARS, OCC.: BUSINESS,
                             2


1(c). PRAVEEN S/O LATE RIKABCHAND,
      AGE: 43 YEARS, OCC.: BUSINESS,

2.   SUMORMAL S/O BADARMALJI,
     AGE: 60 YEARS, OCC.: BUSINESS.

ALL ARE RESIDENTS OF KOTTUR-583 134,
TQ.: KUDLIGI, DIST.: BELLARY.

3.   THE SPECIAL LAND ACQUISITION OFFICER,
     KOTTUR-HARIHAR RAILWAY,
     BROAD GAUGE LANE,
     HARAPANAHALLI, DAVANAGERE DIST.

4.   S. AMARAGUNDAPPA S/O S. VIRUPAKSHAPPA,
     AGE: 57 YEARS, OCC.: EXECUTIVE ENGINEER
     (CONSTRUCTION), SOUTH WESTERN RAILWAY,
     DAVANGERE, NOW AT KUDLIGI,
     BELLARY DISTRICT.
                                      -    RESPONDENTS
(BY SRI LAXMAN T. MANTAGANI,
ADVOCATE FOR R1(A TO C) & R2,
SRI G.K. HIREGOUDAR,
GOVT. ADVOCATE FOR R3,
NOTICE TO R4 IS DISPENSED WITH)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF THE LAND ACQUISITION ACT AGAINST THE
JUDGMENT AND AWARD DATED 02.05.2014 PASSED IN LAC NO.
32/2005 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE
AND JUDICIAL MAGISTRATE FIRST CLASS, KUDLIGI & ETC.


     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, S.SUNIL DUTT YADAV J., DELIVERED THE
FOLLOWING:
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                      JUDGMENT

Though the appeal is listed for orders, it is taken up for disposal as it is submitted by the learned counsel for the appellant that on an earlier occasion this Court in M.F.A. No. 101303/2016 had entertained the appeal as regards the award passed in L.A.C. No. 28/2005, which came to be set aside with the proceedings being remanded to the trial Court with certain observations. It is noticed that M.F.A. No. 101303/2016 which was filed challenging the award of the Reference Court in L.A.C. No. 28/2005 relates to the notification u/S 4(1) of the Land Acquisition Act dated 24.07.2008 as regards agricultural land in Kottur village, which was notified for the purpose of gauge conversion between Harihara and Kottur.

2. A perusal of the appeal would indicate that the reference proceedings relate to the very same notification u/S 4(1) and 17 of the Land Acquisition Act. It is also noticed that the land in Kottur village in 649/B2 measuring 4 3.36 acres is the subject matter of the notification and reference proceedings.

3. Learned counsel for the respondents-claimants would submit that the contentions raised in the present appeal would also require to be dealt with taking note of the order passed in M.F.A. No. 101303/2016.

4. In the light of the submission by both the counsel and to ensure there is uniformity in consideration by the Reference Court, it would be appropriate to remand the matter back while taking note of the observation in M.F.A. No. 101303/2016.

It is submitted that the claimants have withdrawn 50% of the amount in deposit. The remaining amount to be kept in interest bearing fixed deposit. In light of remanding the matter to the trial Court it is made clear that the amount withdrawn would be subject to the outcome of the proceedings before the Reference Court and would be 5 adjusted consequent upon adjudication of the reference. Needless to state that in the event the enhancement is lesser than the amount withdrawn by the appellant herein, the appellant would be required to redeposit the amount with 6% interest p.a. Accordingly, we pass the following order.

ORDER

(i) Appeal is allowed. Consequently, the judgment and award passed by the Reference Court in L.A.C. No. 32/2005 dated 02.05.2014 by the learned Sr. Civil Judge & JMFC, Kudligi is set aside;

(ii) Matter is remitted to the Reference Court for fresh disposal in accordance with law. Disposal of the case may be expedited subject to co- operation by both the parties;

(iii) Parties are directed to appear before the Reference Court on 13.01.2022 without further notice;

(iv) Registry to return the trial Court records forthwith;

(v) Appellants are entitled to refund of Court fee as per the applicable law;

SD JUDGE SD JUDGE bvv

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