Karnataka High Court
The Special Land Acquisition Officer vs Karigowda on 26 September, 2012
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF SEPTEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
M.S.A. NO.211/2011(LAC)
BETWEEN:
The Special Land Acquisition
Officer, K.R.Project,
Parakalamata Building,
Mysore-570001. ... APPELLANT
(By Sri.Nasrulla Khan, HCGP.)
AND
Karigowda,
S/o Manngowda,
Aged about 55 years,
R/at Marballihundi village,
Jayapura Hobli,
Mysore Taluk -570001. ...RESPONDENT
This MSA is filed u/s 54(2) of Land Acquisition Act
against the judgment and award dated: 01.02.2011
passed in L.A.C.A No.149/2010 on the file of the Prl.
District Judge, Mysore, dismissing the appeal filed
against the Orders dated 27.08.2008 passed in LAC
No.914/2007 on the file of the II Addl. Civil
Judge(Sr.Dn.) Mysore partly allowing the reference
applications.
This MSA coming on for Orders this day, the Court
delivered the following:
2
JUDGMENT
This appeal is preferred by the Government, challenging the judgment and award dated 1st February 2011 passed by the Prl. District Judge, Mysore in LACA No.149/2010. It is also sought for setting aside the judgment and award dated 27th August 2008 in LAC No.914 of 2007 passed by the II Additional Civil Judge (Sr.Dn.) at Mysore.
2. The learned Government Advocate submits that the Reference Court has committed an error in passing the award on par with the judgment and award passed in LAC NO.297 of 2007 and other cases. He submits, that there is no proximity between the land in question and the lands which were the subject matter in the case referred to above. He further submits that the sale receipts, which was taken into account, is also different from that of the land, which is the subject matter of this appeal and also of the lands in the order passed in LAC No.297 of 2007 and other cases. it is further submitted that in the instant case,4(1) 3 notification was issued on 3rd March 2005 and 6(1) notification was issued on 10th May 2006 and the award passed on 23rd July 2007 and the land was acquired for the purpose of 'Varuna Nala'. The Land Acquisition Officer has awarded compensation of Rs.40,000/- per acre and the same came to be enhanced to Rs.2,87,627/- by the Reference Court. He submits that the enhancement of the award amount by the Reference Court is arbitrary without there being any reasons and materials.
3. The submissions of the learned Government Advocate is examined in the light of the order passed by the Reference Court. The land, measuring in an extent of 0.04 guntas in Survey No.914/07 of Marballi Village, Jayapura Hobli, Mysore Taluk, was acquired for the purpose of 'Varuna Nala'. Whereas, the adjoining lands of the same village, which were the subject matter of LAC No.297 of 2007 and other cases, were also acquired for the same project. The reference Court, considering the potentiality of the land and sale receipts and also 4 taking into consideration the compensation awarded to the adjoining lands, which were the subject matter in LAC No.297 of 2007 and other cases referred to above and which are having same proximity and sale receipts, having awarded the compensation of Rs.2,87,627/- per acre, then it is for the Trial Court to assess and award the compensation and there cannot be any discrimination. These aspects are rightly looked into by the Reference Court while awarding the compensation. under these circumstances, I do not find any infirmity in the order passed by the Reference Court, which is confirmed in appeal. Accordingly, I am not inclined to issue notice and the appeal is dismissed at the stage of admission itself.
Sd/-
JUDGE Rms