Karnataka High Court
The State Of Karnataka vs Ramesh on 14 July, 2023
Author: S G Pandit
Bench: S G Pandit
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NC: 2023:KHC-D:7251-DB
MFA No. 103255 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.103255 OF 2016 (LAC)
BETWEEN:
1. THE STATE OF KARNATAKA,
BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BENGALURU.
2. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KARNATAKA,
KAVERI BHAVAN, BENGALURU.
3. THE DEPUTY COMMISSIONER,
DHARWAD DISTRICT, DHARWAD.
4. THE ASSISTANT COMMISSIONER,
D.C.COMPOUND, DHARWAD.
5. THE EXECUTIVE ENGINEER,
DEPARTMENT OF PUBLIC WORKS,
HARBOUR AND INTERIOR WATER SUPPLY, DHARWAD.
Digitally
signed by
JAGADISH
...APPELLANTS
TR
JAGADISH Location: (BY SRI. V.S. KALASURMATH, HCGP)
TR DHARWAD
Date:
2023.07.20
11:59:42 -
AND:
0700
RAMESH S/O. RAGUNATHSA METRANI,
AGED ABOUT 53 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: AZAD ROAD, HUBBALLI,
DISTRICT DHARWAD-580020.
...RESPONDENT
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT,
1894, AGAINST THE JUDGMENT & AWARD DATED:04.08.2015,
PASSED IN LAC.NO.160/2014 ON THE FILE OF III ADDITIONAL
SENIOR CIVIL JUDGE, HUBBALLI, AWARDING COMPENSATION OF
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NC: 2023:KHC-D:7251-DB
MFA No. 103255 of 2016
RS.750/- PER SQ.FT.IN RESPECT OF ACQUIRED LAND. PETITIONER
IS ENTITLED FOR INTEREST At 12% P.A. ON MARKET VALUE FROM
THE DATE OF PRELIMINARY NOTIFICATION TILL DATE OF AWARD.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY,
S.G. PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellants/State Authorities are before this Court under Section 54(1) of Land Acquisition Act, 1894 (for short, 'Act, 1894') questioning the correctness and legality of judgment & award dated 4.8.2014 passed in LAC No.160/2014 on the file of learned III Addl. Senior Civil Judge, Hubballi (for short, 'reference Court') praying for reduction of market value determined by reference Court.
2. Heard the learned HCGP Sri. V.S.Kalasurmath for appellants/State Authorities and learned counsel Sri. D.M. Kulkarni for respondent/claimant and perused the appeal papers.
3. Preliminary notification dated 29.11.2012 was issued under Section 4(1) of the Act, 1894 for acquisition of land in Sy.No.No.34/2 measuring 1 acre 16 guntas situated at Timmasagara village of Hubballi Taluk along with other lands for the purpose of construction of Court Complex at -3- NC: 2023:KHC-D:7251-DB MFA No. 103255 of 2016 Hubballi. Final notification was issued under Section 6(1) of the Act, 1894 on 4.2.2013 and award was passed on 14.3.2013 fixing the market value of the land acquired at Rs.19,629/- per gunta. Not being satisfied with the market value determined by the SLAO, respondent/claimant approached the reference Court and the reference Court in LAC No.160/2014 under impugned judgment and award dated 4.8.2015 determined the market value of the acquired land at Rs.750/- per sq.ft.
4. The reference Court while determining the market value at Rs.750/- per sq.ft. placed reliance on the market value determined in LAC No.87/2013 in respect of very same notification and the land acquired for the same purpose. The said LAC No.87/2013 was the subject matter of MFA No.102248/2015 c/w MFA No.103444/2016 filed by both claimant as well as State Authorities respectively. This Court by judgment dated 20.04.2023 dismissed the appeal filed by the State Authorities and in the appeal filed by the claimants enhancing the market value at Rs.2,000/- per sq.ft. with deduction of 20% towards developmental charges. -4-
NC: 2023:KHC-D:7251-DB MFA No. 103255 of 2016
5. The present appeal is filed by State Authorities to determine market value on the lower side. Since in respect of very same notification, this Court has dismissed the appeal filed by State Authorities stated above and enhanced market value of the acquired land at Rs.2,000/- per sq. ft. in the appeal filed by the claimant. The present appeal is to be disposed off in terms of the judgment of this Court in the above stated appeals.
6. Hence, we proceed to pass the following:
ORDER Appeal filed by State Authorities stands disposed off in terms of judgment dated 20.04.2023 passed by this Court in MFA No.103444/2016.
Sd/-
JUDGE Sd/-
JUDGE JTR List No.: 1 Sl No.: 47