Karnataka High Court
The Commissioner vs The Deputy Commissioner on 22 December, 2021
Author: R. Devdas
Bench: R.Devdas, Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF DECEMBER 2021
PRESENT
THE HON'BLE MR.JUSTICE R. DEVDAS
AND
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
MFA.NO.200468/2019 (LAC)
C/W
MFA NO.200823/2017, MFA NO.200824/2017,
MFA NO.200825/2017, MFA NO.200826/2017,
MFA NO.200827/2017, MFA NO.200828/2017,
MFA No.200829/2017, MFA NO.200830/2017,
MFA NO.200831/2017, MFA NO.200832/2017,
MFA NO.200833/2017, MFA NO.200919/2017,
MFA NO.200920/2017, MFA NO.200921/2017,
MFA NO.200922/2017, MFA NO.200924/2017,
MFA CROB.NO.200016/2018, MFA NO.200469/2019,
MFA.NO.201516/2019 (LAC)
IN MFA NO.200468/2019:
BETWEEN:
The Commissioner
Kalaburagi Urban Development
Authority, Kalaburagi
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
2
AND:
1. Vikas S/o Shankar Konded
Age: Major, Occ: Agriculture
R/o: Kotnoor(D)
Tq & Dist: Kalaburagi-585102
2. Assistant Commissioner/
Land Acquisition Officer
Kalaburagi-585102
3. The Deputy Commissioner
Mini Vidahan Soudha
Kalaburagi-585102
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R2 and R3;
Smt.Ratna N.Shivayogimath, Advocate for C/R1)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow this appeal and to set aside the judgment
and award dated 05.01.2019 passed in L.A.C.No.623/2012,
on the file of the 3rd Addl. Senior Civil Judge at Kalaburagi.
IN MFA NO.200823/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga-585101
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
3
AND:
1. The Deputy Commissioner
Gulbarga-585101
2. Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
3. Basawaraj S/o Shankrappa
Age:Major, Occ: Agriculture
4. Veerabadrappa S/o Shankrappa
Age: Major, Occ: Agriculture
5. Shivaraj S/o Shankrappa Mahoor
Age: Major, Occ: Agriculture
6. Basavaraj S/o Shankrappa Mahoor Deleted as per
Age: Major, Occ: Agriculture order dated
21.09.2017
7. Veerabadrappa S/o Shankrappa Mehoor
Age: Major, Occ: Agriculture
All are R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Smt.Ratna N.Shivayogimath, Advocate for R3 to R5;
R6 and R7 deleted v/o dated 21.09.2017)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in L.A.C.No.
533/2012, passed by the 1 st Addl. Senior Civil Judge at
Gulbarga, by restoring the award passed by the Land
Acquisition Officer.
4
IN MFA NO.200824/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga-585101
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
AND:
1. The Deputy Commissioner
Gulbarga-585101
2. Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
3. Gunavantrai S/o Shankrappa
Age: Major, Occ: Agriculture
4. Kantabai W/o Doulatrai
Age: Major, Occ: Agriculture
Both are R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Smt.Ratna N Shivayogimath, Advocate for R3 and R4)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.534/2012, passed by the 1 st Addl. Senior Civil Judge at
5
Kalaburagi, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200825/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
AND:
1. The Deputy Commissioner
Gulbarga-585101
2. Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
3. Basawaraj S/o Shankrappa
Age:Major, Occ: Agriculture
4. Shivaraj S/o Shankrappa
Age: Major, Occ: Agriculture
5. Shivaraj S/o Shankrappa Mahoor
Age: Major, Occ: Agriculture Deleted as per
order dated
6. Basavaraj S/o Shankrappa 21.09.2017
Age: Major, Occ: Agriculture
7. Veerabadrappa S/o Shankrappa
Age: Major, Occ: Agriculture
All are R/o Kotnoor (D) Village
6
Tq and Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Smt.Ratna N.Shivayogimath, Advocate for R3,R4,R7;
R5 and R6 deleted V/o dated 21.09.2017)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.536/2012, passed by the 1 st Addl. Senior Civil Judge at
Kalaburagi, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200826/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga-585101
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
AND:
1. The Deputy Commissioner
Gulbarga-585101
2. Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
3. Basawaraj S/o Shankrappa
Age:Major, Occ: Agriculture
7
4. Veerabadrappa S/o Shankrappa
Age: Major, Occ: Agriculture
5. Shivaraj S/o Shankrappa
Age: Major, Occ: Agriculture
All are R/o Kotnoor (D) Village
Tq and Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Smt.Ratna N.Shivayogimath, Advocate for R3 to R5)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.537/2012, passed by the 1 st Addl. Senior Civil Judge at
Kalaburagi, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200827/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga -585101
... Appellant
(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande
and Sri.Shivakumar R.Tengli, Advocates)
AND:
1. Office of the Assistant Commissioner
And Special Land Acquisition Officer
8
Gulbarga -585101
2. The Deputy Commissioner
Gulbarga-585101
3. Smt.Kasturibai W/o Amrutrao Biradar
Age: Major, Occ: Agriculture
R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Sri Shivanand Patil, Advocate for C/R3 )
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.154/2011, passed by the 1 st Addl. Senior Civil Judge at
Kalaburagi, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200828/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga -585101
... Appellant
(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande
and Sri.Shivakumar R.Tengli, Advocates)
9
AND:
1. Office of the Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
2. The Deputy Commissioner
Gulbarga-585101
3. Basavaraj S/o Shantappa
Age: Major, Occ: Agriculture
4. Shivaraj S/o Shantappa
Age: Major, Occ: Agriculture
Both are R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Sri Shivanand Patil, Advocate for C/R3-R4 )
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.155/2011, passed by the 1 st Addl. Senior Civil Judge at
Gulbarga, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200829/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga -585101
... Appellant
10
(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande
and Sri.Shivakumar R.Tengli, Advocates)
AND:
1. Office of the Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
2. The Deputy Commissioner
Gulbarga-585101
3. Shivasharanappa S/o Bhimanna
Since dead by LRs
3(a). Shivaraj S/o Shivasharanappa
Age about 54 years, Occ: Agricultre
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(b). Chandrakant S/o Shivasharanappa
Age about 48 years, Occ: Govt. Servant
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(c). Basawaraj S/o Shivasharanappa
Age about 41 years, Occ: Agricultrue
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(d). Sangamnath S/o Shivasharanappa
Age about 32 years, Occ: Agricutlure
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(e). Neelamma W/o Gurushantappa
Age about 50 years, Occ: Household
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(f). Maya D/o Gurushantappa
Age about 21 years, Occ: Student
R/o Kotnoor (D),Tq & Dist: Kalaburagi
11
3(g). Anand S/o Gurushantappa
Age about 25 years, Occ: Student
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(h). Krishna S/o Gurushantappa
Age about 23 years, Occ: Student
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(i). Gurulingamma W/o Shivasharanappa
Age about 83 years, Occ: Household
R/o Kotnoor (D),Tq & Dist: Kalaburagi
... Respondents
[By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Sri Shivanand Patil, Advocate for R3 (A to I)]
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.156/2011, passed by the 1 st Addl. Senior Civil Judge at
Gulbarga, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200830/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga-585101
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
12
AND:
1. Office of the Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
2. The Deputy Commissioner
Gulbarga-585101
3. Siddaroodha S/o Amrutrao Biradar
Age: Major, Occ: Agriculture
4. Shivasharanappa S/o Amrutrao Biradar
Age: Major, Occ: Agriculture
Both are R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Sri Shivanand Patil, Advocate for C/R3 and C/R4 )
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.157/2011, passed by the 1 st Addl. Senior Civil Judge at
Kalaburagi, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200831/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga-585101
... Appellant
(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande
and Sri.Shivakumar R.Tengli, Advocates)
13
AND:
1. Office of the Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
2. The Deputy Commissioner
Gulbarga-585101
3. Kalyanrao S/o Ranoji
Age: Major, Occ: Agriculture
R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Sri Shivanand Patil, Advocate for C/R3 )
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.158/2011, passed by the 1 st Addl. Senior Civil Judge at
Kalaburagi, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200832/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga-585101
... Appellant
(By Sri R.Subramanya, AAG for Sri.Ameet Kumar Deshpande
and Sri.Shivakumar R.Tengli, Advocates)
14
AND:
1. Office of the Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
2. The Deputy Commissioner
Gulbarga-585101
3. Smt.Mahadevi W/o Chandrashappa
Age: Major, Occ: Agriculture
R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi-585101
... Respondents
(By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Sri Shivanand Patil, Advocate for C/R3 )
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.159/2011, passed by the 1 st Addl. Senior Civil Judge at
Kalaburagi, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200833/2017:
BETWEEN:
The Commissioner
Gulbarga Urban Development
Authority, Gulbarga-585101
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
15
AND:
1. Office of the Assistant Commissioner
And Special Land Acquisition Officer
Gulbarga -585101
2. The Deputy Commissioner
Gulbarga-585101
3. Shivasharanappa S/o Bhimsha Sirasagi
Since deceased by LRs
3(a). Shivaraj S/o Shivasharanappa
Age about 54 years, Occ: Agriculture
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(b). Chandrakant S/o Shivasharanappa
Age about 48 years, Occ: Govt.Servant
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(c). Basawaraj S/o Shivasharanappa
Age about 41 years, Occ: Agricultrue
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(d). Sangamnath S/o Shivasharanappa
Age about 32 years, Occ: Agriculture
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(e). Neelamma W/o Gurushantappa
Age about 50 years, Occ: Household
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(f). Maya D/o Gurushantappa
Age about 21 years, Occ: Student
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(g). Anand S/o Gurushantappa
Age about 25 years, Occ: Student
R/o Kotnoor (D),Tq & Dist: Kalaburagi
16
3(h). Krishna S/o Gurushantappa
Age about 23 years, Occ: Student
R/o Kotnoor (D),Tq & Dist: Kalaburagi
3(i). Gurulingamma W/o Shivasharanappa
Age about 83 years, Occ: Nil
R/o Kotnoor (D),Tq & Dist: Kalaburagi
... Respondents
[By Sri Mallikarjun C.Basareddy, HCGP for R1 and R2;
Sri Shivanand Patil, Advocate for R3 (A to I)]
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal and set aside the reference
Court judgment and award dated 05.10.2016 in LAC
No.622/2012, passed by the 1 st Addl. Senior Civil Judge at
Kalaburagi, by restoring the award passed by the Land
Acquisition Officer.
IN MFA NO.200919/2017:
BETWEEN:
Shivasharanappa S/o Bhimana
Age: Major, Occ: Agriculture
R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi
... Appellant
(By Sri Shivanand Patil, Advocate)
AND:
1. The Commissioner
Gulbarga Urban Development
Authority, Kalaburagi-585103
2. Office of the Assistant Commissioner
And Special Land Acquisition Officer
Kalaburagi -585103
17
3. The Deputy Commissioner
Kalaburagi -585103
... Respondents
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli Advocates for R1;
Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to modify the judgment and award dated
05.10.2016/31.01.2017 in LAC No.156/2011, passed by
the 1st Addl. Senior Civil Judge at Kalaburagi and re-
determine and award the correct compensation by allowing
the appeal.
IN MFA NO.200920/2017:
BETWEEN:
1. Basavaraj S/o Shantappa
Since deceased by LRs.
1(a). Jagadevi W/o Basawaraj Biradar
Age: 46 years, Occ: Household
1(b). Shantakumar S/o Basawaraj Biradar
Age: 25 years, Occ: Agriculture
1(c). Sharanamma D/o Basawaraj Biradar
Age: 18 years, Occ: Student
1(d). Siddaram S/o Basawaraj Biradar
Age: 14 years, Occ: Student
1(e). Aishwarya D/o Basawaraj Biradar
Age: 12 years, Occ: Student
Appellant No.1(d) and1(e) are minor
U/g of appellant No.1(a)
18
2. Shivaraj S/o Shantappa
Age: Major, Occ: Agriculture
All are R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi
... Appellants
(By Sri Nagaraj Patil, Advocate)
AND:
1. The Commissioner
Gulbarga Urban Development
Authority, Kalaburagi-585102
2. Office of the Assistant Commissioner
And Special Land Acquisition Officer, Kalaburagi
Kalaburagi -585102
3. The Deputy Commissioner, Kalaburagi
Kalaburagi -585102
... Respondents
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli Advocates for R1;
Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal with costs and modify the
judgment and award passed by the 1st Addl. Senior Civil
Judge at Kalaburagi dated 05.10.2016/31.01.2017 in LAC
No.155/2011 and re-determine and award the correct
compensation by allowing the appeal and award all statutory
benefits, including interest on the entire compensation
amount.
19
IN MFA NO.200921/2017:
BETWEEN:
1. Siddaroodha S/o Amrutrao Biradar
Age: Major, Occ: Agriculture
2. Shivasharanappa S/o Amrutrao Biradar
Age: Major, Occ: Agriculture
Both are R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi
... Appellants
(By Sri Nagaraj Patil and Sri Shivanand Patil, Advocates)
AND:
1. The Commissioner
Gulbarga Urban Development
Authority, Kalaburagi-585102
2. Office of the Assistant Commissioner
And Special Land Acquisition Officer
Kalaburagi -585102
3. The Deputy Commissioner
Kalaburagi -585102
... Respondents
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates for R1;
Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal with costs and modify the
judgment and award passed by the 1st Addl. Senior Civil
Judge at Kalaburagi dated 05.10.2016/31.01.2017 in LAC
20
No.157/2011 and re-determine and award the correct
compensation by allowing the appeal and award all statutory
benefits, including interest on the entire compensation
amount.
IN MFA NO.200922/2017:
BETWEEN:
Smt. Mahadevi W/o Chandrashappa
Age: Major, Occ: Agriculture
R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi
... Appellant
(By Sri Shivanand Patil, Advocate)
AND:
1. The Commissioner
Gulbarga Urban Development
Authority, Kalaburagi-585102
2. Office of the Assistant Commissioner
And Land Acquisition Officer
Kalaburagi -585102
3. The Deputy Commissioner
Kalaburagi -585102
... Respondents
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri.Shivakumar R.Tengli, Advocates for R1;
Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)
21
This MFA is filed under Section 54 (1) of L.A.Act,
praying to modify the judgment and award dated
05.10.2016/31.01.2017 in LAC No.159/2011 passed by the
I Additional Senior Civil Judge at Kalaburagi and re-
determine and award the correct compensation by allowing
the appeal.
IN MFA NO.200924/2017:
BETWEEN:
Smt. Kasturibai W/o Amrutrao Biradar
Age: Major, Occ: Agriculture
R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi
... Appellant
(By Sri Nagaraj Patil and Sri Shivanand Patil, Advocates)
AND:
1. The Commissioner
Gulbarga Urban Development
Authority, Kalaburagi-585102
2. Office of the Assistant Commissioner
And Land Acquisition Officer
Kalaburagi -585102
3. The Deputy Commissioner
Kalaburagi -585102
... Respondents
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates for R1;
Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)
22
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow the appeal with costs and modify the
judgment and award passed by the 1st Addl. Senior Civil
Judge at Kalaburagi dated 05.10.2016/31.01.2017 in LAC
No.154/2011 and re-determine and award the correct
compensation by allowing the appeal and award all statutory
benefits, including interest on the entire compensation
amount.
IN MFA CROB.NO.200016/2018:
BETWEEN:
1. Sri. Gunavantrai S/o Shankreppa
Age: Major, Occ: Agriculture
2. Smt.Kantabai W/o Doulatrai
Age: Major, Occ: Agriculture
Both are R/o Kotnoor (D) Village
Tq & Dist: Kalaburagi
... Cross Objectors
(By Smt. Ratna N.Shivayogimath, Advocate)
AND:
1. The Commissioner
Gulbarga Urban Development
Authority, Kalaburagi-585102
2. Office of the Assistant Commissioner
And Land Acquisition Officer
Kalaburagi -585102
3. The Deputy Commissioner
Kalaburagi -585102
... Respondents
23
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates for R1;
Sri Mallikarjun C.Basareddy, HCGP for R2 and R3)
This MFA Cross Objection is filed under Order 41 Rule
22 of CPC, praying to allow this Cross Objection by
modifying the judgment and award dated: 05.10.2016 in
LAC No.534/2012 passed by the 1 st Addl. Senior Civil Judge
at Kalaburagi and award compensation as prayed for.
IN MFA NO.200469/2019:
BETWEEN:
The Commissioner
Kalaburagi Urban Development
Authority, Kalaburagi
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
AND:
Rahmath Khan Since deceased by LRs
1. Farzana Khan W/o Rahamath Khan
Age: 56 years, Occ: Household & Agriculture
R/o: Kotnoor(D),Tq & Dist: Kalaburagi-585102
2. Usmankhan S/o Rehamath Khan
Age: 32 years, Occ: Agriculture
R/o: Kotnoor(D),Tq & Dist: Kalaburagi-585102
3. Muddaser Khan S/o Rehamath Khan
Age: 29 years, Occ: Agriculture
R/o: Kotnoor(D),Tq & Dist: Kalaburagi-585102
4. Assistant Commissioner
Land Acquisition Officer
24
Kalaburagi-585102
5. The Deputy Commissioner
Kalaburagi-585102
... Respondents
(By Smt.Ratna N.Shivayogimath, Advocate for C/R1 to R3;
Sri Mallikarjun C.Basareddy, HCGP for R4 and R5)
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow this appeal and to set aside the judgment
and award dated:07/12/2018 passed in L.A.C.No.620/2012,
on the file of the 3rd Addl. Senior Civil Judge at Kalaburagi.
IN MFA NO.201516/2019:
BETWEEN:
The Commissioner
Kalaburagi Urban Development
Authority, Kalaburagi
... Appellant
(By Sri R.Subramanya, AAG for Sri Ameet Kumar Deshpande
and Sri Shivakumar R.Tengli, Advocates)
AND:
1. Venkatesh S/o Rangarao Chimmalgi
Age: Major, Occ: Agriculture
R/o Khuba Plot, Kalaburagi
2. Assistant Commissioner/
Land Acquisition Officer
Kalaburagi-585102
... Respondents
(By Smt.Ratna N.Shivayogimath, Advocate for R1;
Sri Mallikarjun C.Basareddy, HCGP for R2)
25
This MFA is filed under Section 54 (1) of L.A.Act,
praying to allow this appeal and to set aside the judgment
and award dated:10.04.2019 passed in L.A.C.No.158/2012,
on the file of the II Addl. Senior Civil Judge at Kalaburagi.
These appeals and Cross Objection having been heard
and reserved on 07.12.2021, coming on for pronouncement
of judgment this day, R. Devdas J., delivered the following:
COMMON JUDGMENT
R. DEVDAS J.:
Since all these matters arise out of preliminary
notification dated 26.07.2007 issued under Section 4(1)
of the Land Acquisition Act and declaration dated
27.11.2008 issued under Section 6(1) of the Land
Acquisition Act, these matters were clubbed, heard
together and are being disposed of by this common
judgment.
2. About 153 acres of land in various survey
numbers, all situated at Kotnoor village, Kalaburagi
taluk and district were notified for acquisition for the
26
benefit of the Kalaburagi Urban Development Authority,
for formation of a residential layout. The SLAO passed
an award fixing Rs.1,98,000/- per acre. The notified
land owners sought enhancement of the compensation
under Section 18 (1) of the L.A. Act. In 11 cases, the
Reference Court awarded compensation at the rate of
Rs.62/- per sq.ft. and in three other cases, another
Reference Court awarded compensation at the rate of
Rs.276/- per sq.ft.
3. The notified land owners in the eleven cases
have preferred these appeals under Section 54(1) of the
L.A. Act, while the Commissioner, Kalaburagi Urban
Development Authority has questioned the
enhancement of compensation in all the fourteen cases.
4. Sri Subramanya, learned Additional
Advocate General, appearing for the Commissioner,
Kalaburagi Urban Development Authority and the
Special Land Acquisition Officer, contended that the
27
Reference Court erred in coming to a conclusion that
the lands in question were brought under the Gulbarga
city limits in the year 1965. The learned AAG draws the
attention of this Court to Ex.P-6 which is a notification
dated 29.11.1965 and submits that under the said
notification Kotnoor village was included within the
local planning area of the Gulbarga Planning Authority.
This notification has wrongly been interpreted by the
Reference Court to mean that Kotnoor village was
brought within the limits of Gulbarga City Corporation.
5. The learned AAG would further contend that
reliance has been placed on Ex.P-5 which is a sale deed
dated 19.03.2009. The learned AAG would firstly
contend that it is by now well settled that reliance
cannot be placed on a sale deed executed subsequent to
the issuance of acquisition notification, since, the
market value of the lands situated adjacent to lands
notified for formation of a residential, commercial or
28
industrial area would be enhanced owing to the
expected development. Reliance is placed on N.
Natesam Pillai vs. Special Tahsildar, (2010) 9 SCC
118; Maya Devi vs. State of Haryana, (2018) 2 SCC
474; Kolkata Metropolitan Development Authority
vs. Gobinda Chandra Makal, (2011) 9 SCC 207;
Kapil Mehra vs. Union of India, (2015) 2 SCC 262.
6. The learned AAG further contends that
reliance placed on sale deed dated 19.03.2009 is also
misplaced, since the sale deed is in respect of a small
piece of commercial property, which is also a corner site
situated at Shriram Mandir Circle, a well developed
area. In this regard the learned AAG would place
reliance on P. Rajan and another vs. Kerala State
Electricity Board, (1997) 9 SCC 330 to contend that
reliance cannot be placed on a small piece of land while
awarding compensation for a large extent of land.
Similarly, it is submitted that in Vithal Rao and
29
another vs. Special Land Acquisition Officer, (2017)
8 SCC 558 and Kapil Mehra (supra), the Hon'ble
Supreme Court has held that while determining the true
market value of the acquired land and especially when
the acquired land is a large chunk of undeveloped land,
it is just and reasonable to make appropriate deduction
towards expenses for development of acquired land. In
Lal Chand vs. Union of India, (2009) 15 SCC 769, it
was held that the deduction towards the development
may range from 20% to 75% of the price of the plots
depending upon the nature of development of the layout
in which the exemplar plots are situated.
7. While placing reliance on Rajkumar and
others vs. Haryana State and others, (2007) 7 SCC
609, the learned AAG submitted that reliance cannot be
placed in respect of an auction site, although the site is
formed and situated within the layout developed by the
Planning Authority. It was held that the element of
30
competition in auction - sales does not make them safe
guides. All these submissions were made at the hands
of the learned AAG since the exemplar site which is the
subject matter of the sale deed dated 19.03.2009, Ex.P-
5, on which reliance was placed by the Reference Court
is an auction site and a small piece of commercial
property.
8. A brief statement of the cost of the project,
including the land cost has been placed before the
Court. According to the said statement, the learned
AAG contends that the project would cost around
Rs.147 crores, including land costs of Rs.61.26 crores,
in terms of the award passed by the SLAO. On the
other hand, if the compensation is determined at the
rate of Rs.62/- per sq.ft., the land costs would work out
to Rs.162.08 crores. Further, if the compensation is
calculated at the rate of Rs.276/- per sq.ft. the land cost
would be Rs.810.29 crores. However, the learned AAG,
31
on instructions, would submit that till recently, the
Gulbarga Urban Development Authority has allotted
sites at the rate of Rs.434/- per sq.ft.
9. Per contra, learned counsel Smt. Ratna
Shivayogimath, appearing for some of the land owners
would submit that the lands in question were brought
within the limits of the Gulbarga Planning Area, as far
back as 1965, is not disputed. The land owners have
placed 29 documents at Exs.P2 to P13 and P21 to P39
to show that all the surrounding lands were converted
to non-agricultural purposes, even before the
preliminary notification was issued. It is submitted that
the lands in question are situated alongside the
peripheral ring road of Kalaburagi. More importantly,
the learned counsel places reliance on the judgment of a
co-ordinate bench of this Court in MFA No.32806/2013
& connected matters, decided on 25.01.2017. Learned
counsel submitted that lands in the neighbouring area
32
of Zafarabad, Shaik Roza and Taj Sultanpur were
notified for acquisition under Section 4(1) of the L.A. Act
on 19.05.2005, for formation of new Broad Guage
Railway Line from Bidar to Gulbarga. The SLAO had
awarded Rs.1,25,500/- per acre in respect of lands
situated in Shaik Roza, Rs.71,500/- per acre in respect
of lands situated in Zafarabad and Rs.63,500/- per acre
in respect of lands situated in Taj Sultanpur. It is
submitted that Zafarabad is also situated just outside
the peripheral ring road, like Kotnoor village. The
Reference Court had enhanced the compensation to
Rs.65/- per sq.ft. in respect of Zafarabad and Taj
Sultanpur. However, this Court had considered the
same submission which was made by the learned AAG
that the lands were not brought within the Gulbarga
City Corporation limits, but were brought within the
planning area. This Court noticed that in the Master
Plan, the area is reserved for residential purpose shown
in yellow colour. It was noticed that in the surrounding
33
areas there were establishment of educational
institutions, commercial complexes, UAS, Raichur,
Central University - Kadaganchi, Mahatama Gandhi
Truck Terminal, APMC Yard, Ayurvedic Hospital, etc. In
that view of the matter, this Court upheld the finding of
the Reference Court that the lands in question had high
non-agricultural potential. This Court noticed that a
notification issued under Section 3 of the Karnataka
Municipal Corporations Act, 1976 brings within the
larger urban area, those properties indicated in the
schedule to be called as "Gulbarga City Corporation". It
was opined that the notification did not bring about a
change in the status of the land, but it necessarily
brought such lands within the Corporation limits based
on the population of the area, density of the population
in such area and the other requirements as
contemplated in Section 3 of the KMC Act. Taking into
consideration all such relevant information, this Court
enhanced the compensation to Rs.129.95/- per sq.ft. in
34
respect of lands situate in Zafarabad and Rs.150/- per
sq.ft. in respect of lands situate in Shaik Roza.
10. Learned counsel Sri Shivanand Patil,
appearing for some of the land owners would submit
that the lands in question are not only situated next to
the peripheral ring road, but also adjacent to the
National Highway Kalaburagi-Bengaluru. In this
regard, the learned counsel draws the attention of this
Court to the schedule provided in the National
Highways Act, 1956, in terms of Section 2, whereby the
National Highway No.218 was extended by notification
dated 25.02.2004, starting from its junction with NH -
13 near Bijapur and connecting Jewargi-Gulbarga and
terminating at its junction with NH-9 near Humnabad,
in the State of Karnataka. Further, by a notification
dated 26.09.2008 issued by the Ministry of Shipping,
Road Transport and Highways, in exercise of powers
conferred under Section 5 of the NH Act, the Central
35
Government further amended the notification dated
04.08.2005.
11. Heard the learned counsel for the appellants,
learned Additional Advocate General for the respondents
and perused the original records.
12. While considering an appeal under the
comparable sales method of valuation of land for fixing
the market value of the acquired land, the Hon'ble Apex
Court has laid down the law that there are certain
factors which are required to be satisfied and only on
fulfillment of those factors, the compensation can be
awarded. In Karnataka Urban Water Supply and
Drainage Board vs. K.S. Gangadharappa, (2009) 11
SCC 164, factors which merit consideration as
comparable sales are inter alia laid down as under:
"8. It can be broadly stated that the element of
speculation is reduced to minimum if the
underlined principles of fixations of market value
with reference to comparable sales are made;
36
(i)When sale is within a reasonable time
of the date of issuance of notification
under Section 4(1);
(ii) It should be a bona fide transaction;
(iii) It should be of the land acquired or of
the land adjacent to the land acquired;
and
(iv) It should possess similar
advantages".
13. Going by these parameters and the decisions
of the Hon'ble Supreme Court referred by the learned
AAG that post notification sale deeds should not be
relied upon, reliance placed on Ex.P-5 sale deed dated
19.03.2009, which is nearly two years subsequent to
the notification dated 26.07.2007, cannot be sustained.
14. However, what is required to be considered
is that in respect of a neighbouring village which is also
situated adjacent to the peripheral ring road and in
many aspects comparable to the lands in question,
37
where the notification was issued about two years prior
to the present notification, a judgment and award being
passed by this Court could be relied upon, for re-
determining the compensation. In a catena of cases,
the Hon'ble Supreme Court has considered such cases
and held that such instances can be taken into
consideration either by providing escalation or de-
escalation of a certain percentage depending on the date
of issuance of notification. Having regard to such
precedents, this Court is of the considered opinion that
the decision in the case of the State of Karnataka vs.
Mohammed Tajoddin, in MFA Nos.32806/2013 and
connected matters, decided by this Court on
25.01.2017, can be relied upon.
15. We have gone through the Master Plan of
Kalaburagi city and have found Zafarabad, in many
terms, similar to Kotnoor, where the lands in question
are situated. Both Zafarabad and Kotnoor are situated
38
just beyond the peripheral ring road of Kalaburagi. It
was noticed that in the surrounding areas there were
establishment of educational institutions, commercial
complexes, UAS, Raichur, Central University -
Kadaganchi, Mahatama Gandhi Truck Terminal, APMC
Yard, Ayurvedic Hospital, etc. Similarly, in respect of
the lands in question we find that there are many such
establishments such as All India Radio, Kendriya
Vidyalaya, etc. In addition to such developments in and
around the vicinity, we find that the lands in question
have an added advantage of having the National
Highway - 218 (Bidar to Bengaluru) running adjacent to
the acquired lands. This important aspect has not been
noticed by the Reference Court and neither did the
appellants herein bring it to the notice of the Reference
Court. This Court, while considering the case for
enhancement of compensation accepted the contentions
of the landlords and enhanced the compensation from
39
Rs.65/- per sq.ft. as awarded by the Reference Court to
Rs.129.95/- per sq.ft., in respect of Zafarabad.
16. Moreover, the contentions raised at the
hands of the learned AAG that the Reference Court had
wrongly accepted the contention of the appellants that
vide notification dated 29.11.1965 Kotnoor village was
included in the Gulbarga city limits, was also
considered by this Court in the case of Mohammed
Tajoddin (MFA No.32806/2013 & connected matters).
Having considered the contention, this Court has held
that a notification issued under Section 3 of the
Karnataka Municipal Corporation Act, 1976, was to
bring such of those properties indicated in the schedule
thereto, within the larger urban area of Gulbarga to be
called the 'Gulbarga City Corporation'. However, the
notification dated 25.09.1997 issued by the Corporation
of City Gulbarga was only to bring the property within
the Corporation limits, based on the population of the
40
area, density of the population and other requirements
as contemplated in Section 3 of the KMC Act. It was
further held that merely because these areas were not
brought within the limits of the corporation of the city,
it cannot take away the fact that the lands are within
the planning area of the city, as per the notification
dated 29.11.1965 and they have non-agricultural
potential.
17. We have also gone through the impugned
judgment and award passed in LAC No.158/2012
wherein the Reference Court has enhanced the
compensation to Rs.276/- per sq.ft. We find that the
decision in the said case is based on other decisions in
the case of LAC Nos.620/2012 and 623/2012 which
also pertain to the very same village Kotnoor (D) and the
very same notification. However, LAC Nos.620/2012
and 623/2012 are also part of the challenge raised at
41
the hands of the Commissioner, Kalaburagi Urban
Development Authority.
18. Having regard to all these aspects, this Court
is of the considered opinion that the appellant-land
owners in the eleven cases where the Reference Court
had awarded compensation at the rate of Rs.62/- per
sq.ft. have made out a case for enhancement of
compensation. On the other hand the learned AAG has
also made out a case for re-consideration of the award
at the rate of Rs.276/- per sq.ft. in the other three
matters. Since we have noticed that the lands in
question are abutting the National Highway (Bidar-
Bengaluru) and the respondent - acquiring body KUDA
has all the potential to exploit the advantages, the
percentage of escalation for two years is required to be
fixed. In this regard, we are of the opinion that since
the lands in question are situated within the planning
area of Kalaburagi city and the purpose for which the
42
lands are acquired is to develop a residential layout and
the lands are abutting the National Highway, the
escalation per year should not be less than 15%.
19. We also take into consideration the fact that
this Court had enhanced the compensation in respect of
lands situated at Shaikh Roza in State of Karnataka
vs. Mohammed Tajoddin, in MFA No.32806/2013 &
connected matters, wherein Rs.150/- per sq.ft. was
fixed. Having regard to the fact that there is a difference
of two years between the notifications and the fact that
the lands in question are abutting the National
Highway, these lands deserve to be equated with the
lands in Shaikh Roza although they were within the City
Corporation limits. Therefore, we have no hesitation to
hold that Rs.150/- per sq.ft. is required to be applied in
the present case, along with a further escalation for a
period of two years.
43
20. As held earlier, we are of the considered
opinion that the escalation per year should not be less
than 15%, having regard to the factors associated with
the lands in question, Rs.150/- per sq.ft. should be
escalated by 30%, since there is a difference of two
years between the two notifications. Consequently, we
hold that the fair compensation for the lands in
question shall be Rs.195/- per sq.ft.
21. Consequently, we proceed to pass the
following:
ORDER
(i) MFA Nos.200469/2017, 200833/2017 and 200922/2017, filed by the Commissioner, Kalaburagi Urban Development Authority are allowed in part. The judgment and award stands modified by reducing the compensation from Rs.276/- per sq.ft. to Rs.195/- per sq.ft.
(ii) All other MFAs filed at the hands of Commissioner, Kalaburagi Urban 44 Development Authority are hereby dismissed.
(iii) All the MFAs and Cross Objections filed at the hands of the land owners seeking enhancement of compensation from Rs.62/- per sq.ft. are allowed in part and the compensation is enhanced to Rs.195/- per sq.ft.
(iv) The land owners shall be entitled for all statutory benefits along with the compensation at the rate of Rs.195/- per sq.ft.
(v) Modified award be drawn accordingly.
In view of disposal of the main appeals, pending interlocutory applications stand disposed of.
Sd/-
JUDGE Sd/-
JUDGE swk