Karnataka High Court
Shri. Irappa Mudakappa Javoor vs The Special Land Acquisition Officer on 18 January, 2013
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 18TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
MISCELLANEOUS SECOND APPEAL NO.328/2010 (LA)
C/W
MSA NOS.330/2010, 333/2010 &
MSA NO.338/2010
MSA NO.328/2010:
BETWEEN:
1. SHRI IRAPPA MUDAKAPPA JAVOOR
DECEASED BY HIS LRs.
1A. SMT. SHIDDAWWA,
W/O. IRAPPA JAVOOR,
AGE:70 YEARS,
OCC. HOUSEHOLD WORK,
R/O. LINGDALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1B. MALLIKARJAPPA
S/O. IRAPPA JAVOOR,
AGE: 48 YEARS,
OCC: AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1C. SMT. ANNAWWA
W/O. KALLANGOUDA PATIL,
AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
2
BELGAUM DISTRICT.
1D. SHRI NINGAPPA,
S/O. IRAPPA JAVOOR,
AGE: 44 YEARS,
OCC: AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1E. SMT. GOURAWWA,
W/O. VITHAL SHIRUR,
AGED: 42 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1F. SHRI BASAPPA,
S/O. IRAPPA JAVOOR,
AGE: 40 YEARS,
OCC: AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1G. SHRI MAHANTESH,
S/O. IRAPPA JAVOOR,
AGE: 38 YEARS,
OCC: AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1H. SHRI MARUTI,
S/O. IRAPPA JAVOOR,
AGE: 36 YEARS,
OCC: AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
3
1I. SHRI UMESH,
S/O. IRAPPA JAVOOR,
AGE: 34 YEARS,
OCC: AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
2. SHRI DEMAPPA MUDAKAPPA JAVOOR
DECEASED BY HIS LRs.
2A. MUDAKAPPA DEMAPPA JAVOOR
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: LINGADALLI, TQ: BAILHONGAL,
DIST: BELGAUM.
2B. SMT. SHANTAWWA,
W/O. MALLANGOUDA GOUDAR,
AGE: 55 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
2C. SMT. FAKIRAWWA,
W/O. GANGAPPA HUMBI,
AGE: 51 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
2D. SMT. MALLAWWA,
W/O. MUGAPPA SHINTRI,
AGE. 49 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT. ...APPELLANTS
[BY SHRI S.N.HATTI & P.V.SAMBARGI, ADVS.]
4
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
MALAPRABHA PROJECT (1), SAVADATTI.
DIST: BELGAUM.
2. THE KARNATAKA NIRAVARI
NIGAM LIMITED,
REP. BY ITS EXECUTIVE ENGINEER,
M.L.B.C.C DN. NO.2, NAVILUTEERTH,
DIST: BELGAUM. ...RESPONDENTS
[BY SHRI Y.V.RAVIRAJ, AGA FOR R1 &
SHRI RAMESH N. MISALE, ADV. FOR R2]
THIS MISCELLANEOUS SECOND APPEAL IS FILED
UNDER SECTION 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND DECREE DATED 25.01.2010 PASSED IN
LAC NO.64/2003 ON THE FILE OF THE I ADDL. DISTRICT
JUDGE, BELGAUM, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DTAED
28.11.2002 PASSED IN LAC NO.21/2002 ON THE FILE OF
THE CIVIL JUDGE (SR. DN.) BAILHONGAL, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18(1)
OF LA ACT.
MSA NO.330/2010:
BETWEEN:
1. SHRI RAMAPPA YELLAPPA KADAM,
DECEASED BY HIS LRs.
1A. GANGAPPA RAMAPPA KADAM,
AGE: 61 YEARS, OCC. AGRICULTURE,
R/O. LINGADALLI, TQ. BAILHONGAL,
DIST. BELGAUM,
1B. SMT. SAWWAKKA,
W/O. RAMAPPA KADAM,
SINCE DECEASED BY HER LRs.
5
1C. SHRI YALLAPPA,
S/O. RAMAPPA KADAM,
AGE: 70 YEARS, OCC. AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1D. SMT. BANGAREWWA,
W/O. BHIMAPPA PANTHAR,
DECEASED BY HER LRs.
1E. SHRI NARAYANA,
S/O. RAMAPPA KADAM
AGE. 63 YEARS,
OCC. AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1F. SHRI SADASHIV,
S/O. RAMAPPA KADAM,
AGE. 59 YEARS,
OCC. AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT. ...APPELLANTS
[BY SHRI S.N.HATTI & P.V.SAMBARGI, ADVS.]
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
MALAPRABHA PROJECT (1), SAVADATTI.
DIST: BELGAUM.
2. THE KARNATAKA NIRAVARI
NIGAM LIMITED,
REP. BY ITS EXECUTIVE ENGINEER,
M.L.B.C.C DN. NO.2, NAVILUTEERTH,
DIST: BELGAUM. ...RESPONDENTS
[BY SHRI Y.V.RAVIRAJ, AGA FOR R1 &
SHRI RAMESH N. MISALE, ADV. FOR R2]
6
THIS MISCELLANEOUS SECOND APPEAL IS FILED
UNDER SECTION 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND DECREE DATED 25.01.2010 PASSED IN
LAC NO.66/2003 ON THE FILE OF THE I ADDL. DISTRICT
JUDGE, BELGAUM, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DTAED
28.11.2002 PASSED IN LAC NO.23/2002 ON THE FILE OF
THE CIVIL JUDGE (SR. DN.) BAILHONGAL, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18(1)
OF LA ACT.
MSA NO.333/2010:
BETWEEN:
1. SHRI MADIVALAPPA REVAPPA GOUDAR,
DECEASED BY HIS LRS.
1A. SHRI IRANAGOUDA MADIVALAPPA GOUDAR
AGE: MAJOR, OCC.AGRICULTURE,
R/O. LINGADALLI, TQ. BAILHONGAL,
DIST. BELGAUM.
1B. SMT. MALLAWWA,
W/O. MADIWALAPPA GOUDAR,
AGE: 72 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1C. SMT. GANGAWWA,
W/O. SHIVAPPA CHABBI,
AGE: 56 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
7
1D. SMT. GOURAWWA,
W/O. IRBASAPPA CHANNANNAVAR,
AGE: 44 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1E. SMT. MAHADEVI,
W/O. BASAPPA ULLIGERI,
AGE: 42 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1F. SMT. SUVARNA,
W/O. GANGAPPA ULLIGERI,
AGE: 36 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1G. SMT. BASAWWA @ JYOTI,
W/O. BASURAJ BOLANNAVAR,
AGE: 30 YEARS,
OCC. HOUSEHOLD WORK,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT.
1H. SHRI SIDDANNAGOUDA,
S/O. MADIWALAPPA GOUDAR,
AGE. 26 YEARS,
OCC. AGRICULTURE,
R/O: LINGADALLI VILLAGE,
BAILHONGAL TALUK,
BELGAUM DISTRICT. ...APPELLANTS
[BY SHRI S.N.HATTI & P.V.SAMBARGI, ADVS.]
8
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
MALAPRABHA PROJECT (1), SAVADATTI.
DIST: BELGAUM.
2. THE KARNATAKA NIRAVARI
NIGAM LIMITED,
REP. BY ITS EXECUTIVE ENGINEER,
M.L.B.C.C DN. NO.2, NAVILUTEERTH,
TALUK: SAUNDATTI,
DIST: BELGAUM. ...RESPONDENTS
[BY SHRI Y.V.RAVIRAJ, AGA FOR R1 &
SHRI RAMESH N. MISALE, ADV. FOR R2]
THIS MISCELLANEOUS SECOND APPEAL IS FILED
UNDER SECTION 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND DECREE DATED 25.01.2010 PASSED IN
LAC NO.69/2003 ON THE FILE OF THE I ADDL. DISTRICT
JUDGE, BELGAUM, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DTAED
28.11.2002 PASSED IN LAC NO.26/2002 ON THE FILE OF
THE CIVIL JUDGE (SR. DN.) BAILHONGAL, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18(1)
OF LA ACT.
MSA NO.338/2010:
BETWEEN:
1. SHRI SHIVANAGOUDA
S/O. BASANAGOUDA GOUDAR @ PATIL,
DECEASED BY HIS LRs.
1A. SHRI TIRTHGOUDA,
S/O. SHIVANAGOUDA GOUDAR @ PATIL,
AGE. 42 YEARS, OCC. AGRICULTURE,
9
R/O. GOKAK,
GOKAK TALUK,
BELGAUM DISTRICT.
1B. SMT. SHANTA,
W/O. SHIVANAGOUDA GOUDAR @ PATIL,
AGE. 59 YEARS, OCC. HOUSEHOLD WORK,
R/O. GOKAK,
GOKAK TALUK,
BELGAUM DISTRICT.
1C. SMT. ANITA,
W/O. SURESH MATAGAR,
AGE. 39 YEARS, OCC. HOUSEHOLD WORK,
R/O. GOKAK,
GOKAK TALUK,
BELGAUM DISTRICT.
1D. PARAVATEWWA,
D/O. SHIVANAGOUDA GOUDAR @ PATIL,
AGE: 36 YEARS, OCC. HOUSEHOLD WORK,
R/O. GOKAK,
GOKAK TALUK,
BELGAUM DISTRICT.
1E. SMT. MAHADEVI,
W/O. DEEPAK MURAGALI,
AGE. 34 YEARS,
OCC. HOUSEHOLD WORK,
R/O. GOKAK,
GOKAK TALUK,
BELGAUM DISTRICT.
1F. BASAMMA,
D/O. SHIVANAGOUDA GOUDAR @ PATIL,
AGE. 31 YEARS, OCC. HOUSEHOLD WORK,
R/O. GOKAK,
GOKAK TALUK,
BELGAUM DISTRICT.
...APPELLANTS
[BY SHRI S.N.HATTI & P.V.SAMBARGI, ADVS.]
10
AND:
1. THE SPECIAL LAND
ACQUISITION OFFICER
MALAPRABHA PROJECT (1),
SAVADATTI.
DIST: BELGAUM.
2. THE EXECUTIVE ENGINEER,
M.L.B.C.C. DIVISION NO.2,
KARNATAKA NEERAVARI
NIGAM LTD.,
NAVILUTEERTH,
TALUK: SAUNDATTI,
DIST: BELGAUM. ...RESPONDENTS
[BY SHRI Y.V.RAVIRAJ, AGA FOR R1 &
SHRI RAMESH N. MISALE, ADV. FOR R2]
THIS MISCELLANEOUS SECOND APPEAL IS FILED
UNDER SECTION 54(2) OF LA ACT, AGAINST THE
JUDGMENT AND DECREE DATED 25.01.2010 PASSED IN
LAC NO.75/2003 ON THE FILE OF THE I ADDL. DISTRICT
JUDGE, BELGAUM, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DTAED
28.11.2002 PASSED IN LAC NO.32/2002 ON THE FILE OF
THE CIVIL JUDGE (SR. DN.) BAILHONGAL, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18(1)
OF LA ACT.
THESE MISCELLANEOUS SECOND APPEALS
COMING ON FOR ORDERS, THIS DAY, THE COURT
DELIVERED THE FOLLOWING: -
11
JUDGMENT
These appeals are filed by the claimants questioning the correctness of common judgment and decree passed in L.A.C. Nos.64/03, 66/03, 69/03 and 75/03 by I Additional District Jude, Belgaum.
2. Appellants are the owners of the land bearing Survey No.30/1A, 30/1B, 43/1, 43/2, 24/12 and 24/9 which came to be acquired for the purposes of Mallaprabha Project by the respondent. The Land Acquisition Officer determined the compensation payable at Rs.38,500/- in respect of dry land and Rs.42,000/- in respect of wet land. Being aggrieved by this award, reference was sought under Section 18 of the Land Acquisition Act. The Reference Court by its judgment and award dated 28.11.2002 determined the market value at Rs.60,000/- per acre for dry land. Aggrieved by this award, 1st respondent - State herein filed appeals before the I Additional District Judge, Belgaum. On service of notice, claimants appeared before the Lower Appellate Court and filed their 12 objection to the application for condonation of delay in preferring the appeal by the Specia LAO and also filed cross-objections with an application seeking condonation of delay of 15 days in preferring the cross- objections. The Lower Appellate Court condoned, the delay in filing the appeal as well as filing cross- objections. After considering the arguments of the respective learned Advocates, Lower Appellate Court dismissed the appeals filed by the Special LAO as also the cross-objections, except the cross-objections in respect of the lands acquired in LACA No.63/03, 72/03 and 79/03 and to that extent, the award of the Reference Court came to be modified by fixing the market value of the irrigated lands or wet lands at Rs.80,000/- per acre.
3. All these appeals are by the claimants questioning the award in LAC appeal Nos.64/03, 66/03, 69/03 and 75/03 respectively dated 25.01.2010 on the file of the I Addl. District Judge, Belgaum. 13
4. There is no dispute with regard to the fact that the appellants were the owners of the land which were acquired by the 1st respondent for Mallaprabha Project, Saundatti, after issuance of preliminary notification and final notification on 09.09.1999 and 12.05.2000 award came to be passed by LAO on 31.08.2001. It is not in dispute that even prior to that i.e., on 31.01.1985 itself possession was taken. In the connected reference cases the aggrieved land owners had approached this Court being not satisfied with the award passed by the Lower Appellate Court in fixing the compensation at Rs.60,000/- for dry land and Rs.80,000/- for wet land, in M.S.A. Nos.327, 342, 329, 331, 332, 334, 335, 336 and 341 of 2010 contending inter alia though claimants had produced the yield notifications for the relevant year and also price of the agricultural produce grown on the land, the Reference Court as well as the Lower Appellate Court without referring to these documents had determined the market value and thereby committed a grave error in 14 determining lesser market value and sought for enhancement.
5. During pendency of those appeals a joint memo came to be filed by the learned Advocates appearing for the parties, whereunder it was agreed that market price for dry land can be fixed at Rs.70,000/- per acre and for wet lands at Rs.95,000/- per acre. Accepting the said joint memo, coordinate bench of this Court has recorded as under: -
"5. Placing the joint memo on record, the market value of the we land is fixed at Rs.95,000/- per acre and for dry land, it is fixed at Rs.70,000/- per acre. Accordingly, the claimants are entitled for compensation along with all other benefits attached to it.
In view of the joint memo, all these appeals stand disposed of.
Respondent No.2 is directed to pay the compensation as now agreed within three months from the date of receipt of copy of this order. Insofar as the direction issued by the lower appellate Court as agreed to the damages are concerned, the Land 15 Acquisition Officer is directed to dispose of the claim of the appellants for damages as directed by the lower appellate Court within three months from the date of receipt of copy of this order.
6. The learned Advocates appearing for the parties in the present appeals would also submit that on identical terms, these appeals may be disposed of. A joint memo is also filed to the said effect. Same is taken on record. Placing the said memo on record, the market value of the dry land as fixed in M.S.A. No.327/2010 and connected matters disposed of on 24.06.2012, in these appeals also the market value of the lands in question is fixed at Rs.70,000/- per acre, since undisputedly the lands involved in these appeals are also dry lands. Accordingly, the claimants would be entitled to compensation along with all other statutory benefits attached to it.
7. Respondent No.2 shall pay or deposit the compensation, as agreed to within a period of 3 months from the date of receipt of copy of this order. 16
8. The direction issued by the Lower Appellate Court in so far as the damages are concerned, the Land Acquisition Officer is directed to dispose of the claim of the appellants as directed therein on filing of the said applications, if not already filed or within three months from the date of filing of such applications or from the date of receipt of the order whichever is later.
Accordingly, appeal stands disposed of.
Sd/-
JUDGE Rsh