Karnataka High Court
The Union Of India vs Bhimaraya And Anr on 24 November, 2021
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
MSA No.200260/2017
C/W
MSA No.200254/2017, MSA No.200255/2017,
MSA No.200256/2017, MSA No.200257/2017,
MSA No.200258/2017, MSA No.200259/2017,
MSA No.200261/2017, MSA No.200262/2017,
MSA No.200263/2017 &
MSA CROB. No.200001/2019
IN MSA NO.200260/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY,
GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. GURUBASAPPA S/O SANGAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O TUGAON (C), TQ. BHALKI,
2
DIST. BIDAR-585416.
2. SMT. SARASWATHI W/O CHANBASAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O TUGAON (C), TQ. BHALKI,
DIST: BIDAR-585416.
3. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI. SANDEEP PATIL, ADVOCATE FOR R1;
BY SRI. SANJEEV KUMAR.C.PATIL. ADVPCATE FOR R2;
BY SMT. MAYA T.R, HCGP FOR R3)
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO (I) CALL FOR THE RECORDS IN
M.A.NO.15/2015 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI; (II) ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 24.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.15/2015 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
CIVIL JUDGE BHALKI, IN LAC NO.130/2008, IN THE
INTEREST OF JUSTICE AND EQUITY. (III) PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO.200254/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
3
CONSTRUCTION DIVISION NO.1,
SECUNDERABAD THROUGH
SOUTH CENTRAL RAILWAY
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY,
GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. SHIVARAJ S/O HANMANTHRAO
DIED BY LRS.
1(a) PARWATI W/O LATE SHIVARAJ,
AGE: 56 YEARS,
1(b) SUGANDHA W/O SHIVAKUMAR,
D/O SHIVARAJ, AGED ABOUT 36 YEARS,
ALL THE R/O CHALKAPUR,
TQ. BHALKI, DIST. BIDAR.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI. SANJEEV KUMAR.C.PATIL, ADVOCATE FOR R1
(a) & (b); SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.523/2014 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI AND
ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT
AND AWARD DATED 23.01.2015 PASSED BY LEARNED
ADDL. DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT
4
BHALKI IN M.A.NO.523/2014 AND CONFIRM THE
JUDGMENT AND AWARD DATED 12.12.2012 PASSED BY
LEARNED SENIOR CIVIL JUDGE BHALKI IN LAC
NO.06/2009, IN THE INTEREST OF JUSTICE AND EQUITY
AND PASS SUCH OTHER SUITABLE ORDERS AS THIS
HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO.200255/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY, GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. BHIMARAYA S/O SANGRAMAPPA,
AGE: MAJOR, OCC: AGRICULTURE AND
R/O CHALKAPUR, TQ. BHALKI,
DIST. BIDAR-585414.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI. SANJEEV KUMAR.C.PATIL, ADVOCATE FOR R1;
BY SMT. MAYA T.R., HCGP FOR R2)
5
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.526/2014 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI, ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 23.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.526/2014 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
CIVIL JUDGE BHALKI IN LAC NO.05/2009, IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO.200256/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY, GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. SUSHILABAI W/O GURUBASAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O TUGAON (C), TQ. BHALKI,
DIST. BIDAR-585416.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
6
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI. SANDEEP PATIL, ADVOCATE FOR R1;
BY SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.17/2015 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI, ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 24.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.17/2015 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
CIVIL JUDGE BHALKI IN LAC NO.02/2009, IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO.200257/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY, GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
7
AND
1. BABURAO S/O BHIMRAO,
AGE: MAJOR, OCC: AGRICULTURE,
R/O CHALKAPUR, TQ. BHALKI,
DIST. BIDAR-585414.
2. CHANDRAKANTH S/O BHIMRAO,
AGE: MAJOR, OCC: AGRICULTURE,
R/O CHALKAPUR, TQ. BHALKI,
DIST. BIDAR-585414.
3. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI.SANJEEV KUMAR C.PATIL, ADV. FOR R1 & R2;
BY SMT. MAYA T.R., HCGP FOR R3)
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.05/2015 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI, ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 23.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.05/2015 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
CIVIL JUDGE BHALKI IN LAC NO.04/2009, IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
8
IN MSA NO.200258/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY,
GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. BASWARAJ S/O GURAPPA RUME,
AGE: MAJOR, OCC: AGRICULTURE AND
R/O CHALKAPUR, TQ. BHALKI,
DIST. BIDAR-585414.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI.SANJEEV KUMAR C.PATIL, ADV. FOR R1;
BY SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.524/2014 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI, ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 23.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.524/2014 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
9
CIVIL JUDGE BHALKI IN LAC NO.08/2009, IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO.200259/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY, GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. SIDRAMAPPA S/O MANIKAPPA KELGINDODDI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O CHALKAPUR, TQ. BHALKI,
DIST. BIDAR-585414.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI.SANJEEV KUMAR C.PATIL, ADV. FOR R1;
BY SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.520/2014 ON THE FILE OF ADDL. DISTRICT &
10
SESSIONS JUDGE, BIDAR SITTING AT BHALKI, ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 23.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.520/2014 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
CIVIL JUDGE BHALKI IN LAC NO.07/2009, IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO.200261/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY, GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. BASWARAJ S/O SANGAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O TUGAON (C), TQ. BHALKI,
DIST. BIDAR-585416.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI.HARSHAVARDHAN.R.MALIPATIL,ADV. FOR R1;
BY SMT. MAYA T.R., HCGP FOR R2)
11
THIS MSA IS FILED U/S. 54(2) OF LAND
ACQUISITION ACT, PRAYING TO CALL FOR THE RECORDS
IN M.A.NO.16/2015 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI, ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 23.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.16/2015 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
CIVIL JUDGE BHALKI IN LAC NO.131/2008, IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO.200262/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY, GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. RAVINDRA S/O SIDDAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O TUGAON (C), TQ. BHALKI,
DIST. BIDAR-585416.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
12
BIDAR-585401.
...RESPONDENTS
(BY SRI.SANJEEV KUMAR C. PATIL,ADV. FOR R1;
BY SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.522/2014 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI, ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 23.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.522/2014 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
CIVIL JUDGE BHALKI IN LAC NO.132/2008, IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA NO.200263/2017
BETWEEN
THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY, GULBARGA.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND
1. SHANKER S/O BALURAM,
AGE: MAJOR, OCC: AGRICULTURE,
13
R/O TUGAON (C), TQ. BHALKI,
DIST. BIDAR-585416.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI.SANDEEP PATIL,ADV. FOR R1;
BY SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S. 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.07/2015 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI, ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
AWARD DATED 23.01.2015 PASSED BY LEARNED ADDL.
DISTRICT & SESSIONS JUDGE, BIDAR SITTING AT BHALKI
IN M.A.NO.07/2015 AND CONFIRM THE JUDGMENT AND
AWARD DATED 12.12.2012 PASSED BY LEARNED SENIOR
CIVIL JUDGE BHALKI IN LAC NO.126/2008, IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH
OTHER SUITABLE ORDERS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MSA CROB NO.200001/2019
BETWEEN
BASAWARAJ S/O SANGAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O TUGAON, (C) TQ. BHALKI,
DIST. BIDAR.
...CROSS OBJECTOR
(BY SRI. HARSHAVARDHAN.R.MALIPATIL, ADVOCATE)
14
AND
1. THE UNION OF INDIA THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY,
SECUNDERABAD (A.P.) THROUGH
ASSISTANT ENGINEER (CONSTRUCTION-II),
SOUTH CENTRAL RAILWAY, GULBARGA.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
SOUTH CENTRAL RAILWAY,
BIDAR-585401.
...RESPONDENTS
(BY SRI.MANVENDRA REDDY,ADV. FOR R1;
BY SMT. MAYA T.R., HCGP FOR R2)
THIS MSA CROB IS FILED U/O 41 RULE 22 OF CPC,
PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
ADDL. DIST. AND SESSIONS JUDGE AT BIDAR SITTING AT
BHALKI DATED 24.01.2015 AT BHALKI DATED 12.12.2012
IN LAC NO.131 OF 2008, AND FIX MARKET VALUE AT THE
RATE OF RS.3,18,000/- PER ACRE AND AWARD ALL
STATUTORY BENEFITS INCLUDING INTEREST FROM THE
DATE OF TAKING POSSESSION. AND GRANT ANY OTHER
RELIEF, WHICH THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE MSA AND MSA CROB. COMING ON FOR FINAL
DISPOSAL THIS DAY, THE COURT DELIVERED THE
FOLLOWING:-
15
JUDGMENT
These appeals are filed under Section 54(2) of the and Acquisition Act, 1894 (for short 'L. A. Act') by the appellant - Union of India. MSA No.200260/2017 is arising out of M.A.No.15/2015, MSA No.200254/2017 is arising out of M.A.No.523/2014, MSA No.200255/2017 is arising of M.A.No.526/2014, MSA No.200256/2017 is arising out of M.A.No.17/2015, MSA No.200257/2017 arising out of M.A.No.5/2015, MSA No.200258/2017 is arising out of M.A.No.524/2014, MSA No.200259/2017 is arising out of M.A.No.520/2014, MSA No.200261/2017 and MSA Crob.No.200001/2019 are arising out of M.A.No.16/2015, MSA No.200262/2017 is arising out of M.A.No.522/2014 and MSA No.200263/2017 is arising out of M.A.No.7/2015.
2. These batch of appeals are in respect of the lands bearing (i) Survey No.25/A measuring 01 acre 13 guntas of Tugaon (C) village, Tq: Bhalki, Dist: Bidar (ii) Survey Nos.147/3, 147/4 & 150/1 totally measuring 1 acre 20 guntas of Chalkapur, Tq: Bhalki, Dist: Bidar (iii) Survey 16 No.150/2 measuring 18 guntas of Chalkapur village, Tq:
Bhalki, Dist: Bidar (iv) Survey No.24 measuring 16 acres 6 guntas of Tugaon (C) village, Tq: Bhalki, Dist: Bidar, (v) Survey No.136/2A measuring 30 guntas of Chalkapur village, Tq: Bhalki, Dist: Bidar (vi) Survey No.136/1A measuring 01 acre 07 guntas of Chalkapur village, Tq:
Bhalki, Dist: Bidar (vii) Survey No.151/1 measuring 5 guntas of Chalkapur village, Tq: Bhalki, Dist: Bidar (viii) Survey No.22/A measuring 02 acres 06 guntas of Tugaon (C), Tq: Bhalki, Dist Bidar (ix) Survey No.33/1 measuring 01 acre 07 guntas of Tugaon (C), Tq: Bhalki, Dist: Bidar and (x) Survey No.126/1 measuring 02 acres of Tugaon (C), Tq: Bhalki, Dist: Bidar, which were proposed to be acquired for the purpose of formation of railway line from Bidar to Kalaburagi in terms of the notification issued under Section 4(1) of the L.A. Act published on 28.03.2003.
3. The Special Land Acquisition Officer had fixed the market value in respect of the subject lands at 17 Rs.39,687/- per acre. Being aggrieved by the same, the claimants sought for reference under Section 18 of the L. A. Act. Accordingly, the references were taken on record before the reference Court. The evidence was recorded before the reference Court, in which, the claimants have produced several documents and the same were marked. No evidence was led on behalf of the respondents and no document was marked. The reference Court on appreciation of evidence, more particularly, the yield certificate and the price list, assessed the market value of the lands at Rs.1,30,000/- per acre. Being dissatisfied by the said determination of market value, the claimants preferred appeals under Section 54 of the L. A. Act before the first appellate Court/Additional District and Sessions Judge, Bidar sitting at Bhalki in the aforesaid miscellaneous appeals.
4. The first appellate Court relying upon a yield certificate and price lists issued by Naranja Sahakara Sakkare Karkane Limited, Bidar, which was filed by the 18 counsel for the appellants in the said proceedings and the letter which was produced at Ex.P5 in a proceeding in LAC No.21/2006, assessed the market value of the lands at Rs.2,87,100/- per acre. The appellate Court had considered 60 tons of sugarcane yield per acre and had taken Rs.957/- as value of sugarcane per ton and deducting 15% towards the cultivation cost and applying multiplier of '10', had arrived at the value thereof. Aggrieved by the said order, the appellants are before this Court. The claimants/respondents in MSA No.200261/2017 have filed cross objection seeking enhancement of the compensation amount.
5. Heard the learned counsel for the appellants, respondents and cross objectors.
6. Sri Manvendra Reddy, the learned counsel for the appellants reiterating the grounds urged in the appeals memorandum submitted that the appellate Court has committed grave error in enhancing the value of the acquired lands from Rs.1,30,000/- to Rs.2,87,100/- 19 without there being any basis. He submits that the reference Court had taken into consideration the price lists and the yield certificate as per Exs.P11, P12 and P13, which had been issued by the State Government providing the details sugarcane yield and the price for the relevant years. There was no justification of any nature whatsoever, particularly, in the absence of any material evidence for the Appellate Court to have not taken that aspect into consideration and proceeding to enhance the compensation based on Ex.P5, which was purportedly produced in LAC No.21/2006 issued by Naranja Sahakara Sakkare Karkane Limited, Bidar. He submits if that be the basis, no sanctity can be attached to the material evidence that has been produced while determining the compensation payable in any case of land acquisition. He submits that the material evidence produced by the parties in the proceeding before the reference Court ought to have been given credence instead of relying upon some documents, which were produced in some other proceedings and over which the appellants had no 20 opportunity to examine or verify the authenticity/genuineness of the same. Thus, he submits there is no basis for the enhancement made by the first appellate Court. Therefore, the same requires to be set aside.
7. Per contra, Sri Harshvardhan R. Malipatil, learned counsel appearing for the respondents and the cross objectors submits that a coordinate Bench of this Court in the judgment passed in MFA No.30804/2013 arising out of a notification dated 26.03.2003 acquired by the very same respondents herein, for the same purpose and situated in the same district had appreciated all such possible contentions and had concluded that the potentiality of the subject lands to grow the sugarcane was up to 60 tons per acre and had taken the value at Rs.957/- per ton and had thereby assessed the compensation payable at Rs.2,87,100/- per acre. He submits that the facts and circumstances of the said case was similar to that of the instant case and since the coordinate Bench of 21 this Court has already assessed the value at the said rate and the same may be adopted in the present case as well.
8. In response thereof, the learned counsel for the appellants Sri Manvendra Reddy submits that the said order was passed in an appeal filed by the claimants and there was no challenge made by the appellants herein, who were the respondents therein. He further submits that the reliance placed by the coordinate Bench of this Court on Exs.P7 and P8 produced before the trial Court in the said case, cannot be applied in the instant case. Therefore, he submits that the facts and circumstances in the said case are distinguishable from that of the present case. On this basis, he submits that the judgment passed by the co-ordinate Bench of this Court cannot be applied in the instant case.
9. The learned counsel for the respondents - cross objectors relying upon the judgments of the Apex Court in the case of Ali Mohammad Beigh and Others vs. State of Jammu and Kashmir reported in (2017) 4 22 SCC 717 and in the case of Mehrawal Khewaji Trust (Regd.) Faridkot and Ors. vs. State of Panjab and Ors. reported in 2012 SAR (Civil) 441, drawing the attention of this Court to paragraph No.12 of the said judgment, he submits that in view of the lands subject matter of the present proceedings and the lands subject matter of MFA No.30804/2013, which are identical, similar and acquired for the same purpose, there cannot be any legal justification not to rely upon the said conclusion arrived at by the coordinate Bench of this Court. He submits that in the absence of any material evidence to the contrary, the conclusion arrived at by the coordinate Bench of this Court may be treated substantive piece of evidence and the same has to be relied upon.
10. In response, the learned counsel for the appellants submits that since there are material evidence in the nature of yield certificate as per Exs.P11, P12 and P13 produced before the reference Court and Ex.P5, which was purported to have been produced in LAC No.21/2006 23 relied upon by the first appellate Court and Exs.P7 and P8, which is taken into consideration in MFA No.30804/2013, all indicating different potentiality of yield and the price of sugarcane, the same requires adjudication. Hence, he submits that the matter requires fresh consideration.
11. On a thoughtful consideration of the rival submissions made by the learned counsel for the parties, the points that arise for consideration are:
1. Whether the appellants have made out any ground for interfering with the order passed by the first appellate Court enhancing the compensation from Rs.1,30,000/- to Rs.2,87,100/-?
2. Whether the respondents/cross objectors have made out a case for enhancement of compensation?
12. A submission was made that in view of the availability of the material with regard to the price list and the yield certificate of sugarcane, it was desirable that the 24 matter be relegated to the reference Court for fresh determination. The object of determination of any lis is to put to an end to the litigation. When material evidence is available on record, sufficient enough to determine the matter finally, no purpose would be served referring the matter to the reference Court. In the instant case as noted above, since the coordinate Bench of this Court has already assessed the compensation payable at Rs.2,87,100/- in respect of similarly situated lands growing similar crop, acquired for similar purpose under the notification issued just two days prior to the notification which is subject matter of the present appeals, in which the appellants herein were the respondents, relegating the parties to the reference Court for re-determination of value would be an exercise of mere academic in nature serves no substantial purpose. Therefore, the matter is taken up for final disposal.
13. The acquisition of lands under the notification dated 28.03.2003 for the purpose of formation of broad 25 gage railway line from Bidar to Kalaburagi, the ownership of the lands and reference made to the reference Court are not in dispute. The reference Court had taken into consideration Exs.P11, 12 and 13 for the purpose of determination of the market value. A perusal of Ex.P11 suggests that the same is the price list issued by the Government of Karnataka for the purpose of Agricultural Produce Marketing Committee, Bhalki, Bidar district. Though there are 14 items and value of which mentioned therein, there is no reference with regard to the sugarcane, which was apparently being grown on the acquired lands. Ex.P12 is the yield certificate issued by the Government of Karnataka for the purpose of Agricultural Produce Marketing Committee, in which, sugarcane yield for the year 2003-04 is shown as 45 tons and for the year 2004-05 is shown as 50 tons. Since there was no price list issued by the Government of Karnataka, Ex.P13, a certificate issued by the Bidar Sahakara Sakkare Karkane Limited, Hallikhed has been produced, wherein, the sugarcane price per ton for the year 2003-04 is shown 26 as Rs.650/- and for the year 2004-05 is shown as Rs.900/-. What is necessary to notice in these documents is that these documents are not land specific. In other words, these documents are not pertaining to any specific land which has been acquired under the subject notification. These documents are in the nature of general index with regard to yield and price of sugarcane grown in the lands situated in the district of Bidar. The first appellate Court while taking into consideration Exs.P11, P12 and P13 has also taken into consideration the yield certificate and the price list apparently issued by one Naranja Sahakar Sakkare Karkhane Limited, Bidar, which has been produced and marked as Ex.P5 in LAC No.21/2006. Based on the said document, the first appellate Court at paragraph No.12 of its judgment held that even in respect of the acquired lands, the yield of sugarcane has to be taken at 60 tons per acre and the price of the sugarcane has to be taken at Rs.957/-. 27
14. Reading of paragraph No.9 of the judgment of the coordinate Bench of this Court in MFA No.30804/2013 reveal that the coordinate Bench of this Court had taken into consideration Exs.P7 and P8, which are yield certificate and price list respectively issued by the Additional Director of Agricultural Department, Bidar district, wherein, the yield of the lands similarly situated has been taken at 60 tons per acre for the relevant year and the price has taken at Rs.957/- for the relevant period.
15. Be that as it may. The fact of the matter is nature of the lands, nature of the crop being grown namely, sugarcane, acquisition period and situation of lands are all similar and proximate in time between the lands swsubject matter of the present appeals and the lands subject matter of aforesaid land in MFA No.30804/2013. In the judgment relied upon by respondents/cross objectors, the Apex Court in the case of 28 Ali Mohammad Beigh (Supra) in its judgment at paragraph No.12 has held as under:
"12. When the lands are more or less situated nearby and when the acquired lands are identical and similar and the acquisition is for the same purpose, it would not be proper to discriminate between the land owners unless there are strong reasons. In Union of India vs. Bal Ram and Another (2010) 5 SCC 747, this Court held that if the purpose of acquisition is same and when the lands are identical and similar though lying in different villages, there is no justification to make any discrimination between the land owners to pay more to some of the land owners and less compensation to others. The same was the view taken in Union of India vs. Harinder Pal Singh and Others. (2005) 12 SCC 564, where this Court held as under:-
"15. We have carefully considered the submissions made on behalf of the respective parties and we see no justification to interfere with the decision of the Division Bench of the Punjab and Haryana High Court which, in our view, took a pragmatic approach in fixing the market value of the lands forming the subject-matter of the acquisition proceedings at a uniform rate. From the sketch plan of the area in question, it appears to us that while the lands in question are situated in five different villages, they can be consolidated into one single unit with little to choose between one stretch of land and another. The entire area is in a stage of development and the different villages are capable of being developed in the same manner 29 as the lands comprised in Kala Ghanu Pur where the market value of the acquired lands was fixed at a uniform rate of Rs 40,000 per acre. The Division Bench of the Punjab and Haryana High Court discarded the belting method of valuation having regard to the local circumstances and features and no cogent ground has been made out to interfere with the same.
16. In our view, in the absence of any contemporaneous document, the market value of the acquired lands of Village Kala Ghanu Pur which were acquired at the same time as the lands in the other five villages was correctly taken to be a comparative unit for determination of the market value of the lands comprising the lands forming the subject-matter of the acquisition proceedings under consideration......."
16. The Apex Court also in the case of Mehrawal Khewaji (Supra), in its judgment at paragraph No.15 has held as under:
"15. It is clear that when there are several exemplars with reference to similar lands, it is the general rule that the highest of the exemplars, if it is satisfied, that it is a bona fide transaction has to be considered and accepted. When the land is being compulsorily taken away from a person, he is entitled to the highest value which similar land in the locality is shown to have fetched in a bona fide transaction entered into between a willing purchaser and a willing seller near about the time 30 of the acquisition. In our view, it seems to be only fair that where sale deeds pertaining to different transactions are relied on behalf of the Government, the transaction representing the highest value should be preferred to the rest unless there are strong circumstances justifying a different course. It is not desirable to take an average of various sale deeds placed before the authority/court for fixing fair compensation."
17. It is equally well settled that when evidence in the nature of sale statistics, experts opinion or any other exemplar in the nature of judgment or the precedents in respect of similarly situated lands are available, the best of the evidence needs to be taken into consideration. It is for the reason that the land acquisition being the social/beneficial legislation resulting in expropriating of the lands belonging to the land losers, just and reasonable compensation ought to be awarded. The only consideration is that in the name of just and proper compensation, undue advantage need not be derived by land losers. In the instant case, considering the aforesaid facts and circumstances, more particularly, determination of market value by the coordinate Bench of this Court in MFA No.30804/2013 in respect of the lands, which are 31 similarly situated, acquired just about two days prior to the date of acquisition of the lands subject matter of present appeals and also taking into consideration of the fact that the first appellate Court though relied upon Ex.P5 marked in LAC No.21/2006, the value of which is similar to that of the value determined by this Court in the aforesaid MFA No.30804/2013 for the purpose of consistency and parity and in the interest of justice, it is just and proper that the order passed by the first appellate Court enhancing the market value at Rs.2,87,100/- be maintained.
18. In view of the above, the points raised are answered accordingly and following order is passed:
ORDER The appeals filed by the appellants - Union of India are dismissed. The cross objection filed by the claimants is also dismissed.
The amount in deposit, if any, be transmitted to the concerned reference Court.32
In view of disposal of main appeals, the pending applications, if any, stand disposed off.
Sd/-
JUDGE Srt