Sri. Veeranagouda S/O Basanagouda ... vs The Assistant Commissioner & L.A.O., on 26 September, 2012

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Karnataka High Court

Sri. Veeranagouda S/O Basanagouda ... vs The Assistant Commissioner & L.A.O., on 26 September, 2012

Bench: Huluvadi G Ramesh

                            1




        IN THE HIGH COURT OF KARNATAKA

            CIRCUIT BENCH AT DHARWAD

  DATED THIS THE 26TH DAY OF SEPTEMBER 2012

                          BEFORE

 THE HON'BLE MR JUSTICE HULUVADI G RAMESH

MISCELLANEOUS FIRST APPEAL NOS.24634 OF 2011
          C/W 24633 OF 2011(LAC)

Between:

Sri Jayaprakash,
S/o Veeranagouda Malipatil,
Age: Major, Occ: Agriculture,
R/o Muttal Village, Tq: Yelburga,
Dist: Koppal.                            ..APPELLANT IN
                                        MFA NO.24634/2011
Sri Veeranagouda,
S/o Basanagouda Malipatil,
Aged about 63 years,
Occ: Agriculture, R/o Muttal village,
Tq: Yelburga,
Dist: Koppal.                           ..APPELLANT IN
                                        MFA NO.24633/2011
(By Sri B Sharanavasava, Adv)

And:

1. The Assistant Commissioner &
   LAO, Koppal,
   Tq. & Dist: Koppal.
                              2




2. The Executive Engineer,
   No.1, T.B.Division, Munirabad,
   Tq. & Dist: Koppal.                        ..COMMON
                                              RESPONDENTS

(By Smt Megha C Kolekar, HCGP)

      These Miscellaneous First Appeals are filed under
Section 54(1) of LA Act, 1894, against the judgment and award
dtd.27.2.2008 passed in LAC Nos.41/2006 and 40/2006
respectively, on the file of the Civil Judge (Sr.Dn.) at Yelburga,
partly allowing the reference petition for compensation and
seeking enhancement of compensation.

     These Miscellaneous First Appeals coming on for
admission this day, the Court delivered the following:

                          JUDGMENT

These two appeals have been filed seeking enhancement of compensation as against the award passed by the Civil Judge (Sr.Dn.), Yelburga in LAC Nos.41 and 40/2006 respectively.

2. The lands of the appellants herein bearing Sy.No.35/B, measuring 4 acres and 32/B measuring 7 acres 15 guntas respectively, situate at Muttal village of Yelaburga taluk, Koppal District have been acquired by the Government for the 3 purpose of rehabilitation of the said village by issuing Section 4(1) notification dated 20.5.2003 published in the Gazette on 26.6.2003 and Section 6(1) notification dated 28.8.2004 published on 16.9.2004. Award has been passed by the Land Acquisition Officer on 15.4.2005 fixing the market value at Rs.29,100/- per acre. Being not satisfied with the same, on reference application being filed by the appellants herein, the Reference Court in LAC Nos.41/2006 and 40/2006 has modified the award, fixing the market value at Rs.1,26,000/- per acre. Being not satisfied, these two appeals are preferred.

3. Heard.

4. The grievance of the appellants' counsel is, in similar circumstances towards the lands acquired during 2007, this Court in MFA No.22947/2011 disposed of on 1.12.2011, has given 10% escalation on the market value fixed, as such, the market value has to be enhanced in the present cases also. 4

5. In the case on hand, the lands are acquired for the purpose of re-habilitation of Muttal village, as such, the criteria of adopting capitalization method would not arise, rather non agriculture potential has to be considered. However, since the lands are acquired to accommodate the displaced persons of Hirehalla project and are adjacent to the lands acquired for Hirehalla project, having noted the NA potential, while modifying the award passed, the compensation awarded by Reference Court is enhanced from Rs.1,26,000/- per acre to Rs.1,69,328/- per acre by giving escalation of 8% instead of the escalation given by the Reference Court at 3%, with all statutory benefits, interest and costs thereon.

Appeals are disposed of accordingly.

Sd/-

JUDGE bkp

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