Karnataka High Court
Basawaraj S/O Gurulingappa Diggi And ... vs Spl.Land Acquisition Officer & Anr on 17 January, 2018
Author: L Narayana Swamy
Bench: L. Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF JANUARY 2018
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
MISCELLANEOUS SECOND APPEAL NO.200086/2017 (LAC)
BETWEEN:
Basawaraj S/o Gurulingappa Diggi
(Deceased) by LRs:
1. Smt. Rachamma W/o Basawaraj Diggi
Age: 64 years, Occ: Household
R/o Harsur
Tq & Dist. Kalaburagi
2. Jagadevappa S/o Basawaraj Diggi
Age: 47 years, Occ: Agriculture
R/o Harsur,
Tq & Dist: Kalaburagi
... Appellants
(By Sri Harshavardhan R. Malipatil, Advocate)
AND:
1. Spl. Land Acquisition Officer
M & MIP Kalaburagi - 585 102
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2. Deputy Commissioner
Mini Vidhana Soudha
Kalaburagi - 585 102
... Respondents
(By Smt. Archana P. Tiwari, AGA)
This Miscellaneous Second Appeal is filed under
Section 54(2) of Land Acquisition Act, against the
judgment and award dated 07.10.2015 passed in LAC.
Appeal No.127/2015, on the file of the IV Addl. District
and Sessions Judge Kalaburagi, wherein allowed the
appeal filed against the judgment and award dated:
23.09.1996, on the file of the Prl. Civil Judge
Kalaburagi, in LAC No.241/1994. The Market value for
the lands in LAC is fixed at Rs.28,000/- per acre for the
PK Land is fixed at Rs.4,000/- per acre.
This appeal coming on for admission this day, the
Court delivered the following:
JUDGMENT
The appellants' land bearing Sy.No.80/1 of Harsur Village, Tq. & Dist. Kalaburagi, measuring 11 acres 16 guntas has been acquired by the Spl. Land Acquisition Officer, M & MIP, Kalaburagi, for the purpose of 3 construction of Bennithora Project, vide preliminary notification dated 09.05.1991 by awarding compensation of Rs.5,000/- per acre, vide award dated:
29.01.1993. Aggrieved by the said award, the appellant sought reference in LAC No.241/1994 and the Reference Court enhanced the compensation amount to Rs.28,000/- per acre. In appeal, the 1st Appellate Court computed the compensation at Rs.55,888/- per acre.
Now, the appellants are seeking Rs.90,000/- per acre.
2. The memo dated 08.03.2017 filed by the learned counsel for the appellants in MSA No.200055/2016 reads as under:-
"The Hon'ble District Court in LACA 165 and 166 of 2016 pertaining to land bearing Sy.No.30, 20/1 and 31 of same village i.e., Kanadagi has awarded market value of Rs.1,52,059/- per acre for dry land which was acquired vide preliminary notification dated: 23.03.1990 for the same purpose i.e., Bennithora Project. In the present case land 4 acquired is part of Sy.No.35 acquired vide notification dated: 05.04.1990. The said judgment has attained finality since the compensation in the said case is already satisfied vide RTGS dated: 24.08.2016. Hence, the claimant herein is also entitled for same market value."
3. Learned AGA does not dispute the fact that, vide RTGS dated: 24.08.2016, a compensation at Rs.1,52,059/- per acre, as computed by District Court in LACA Nos. 165 and 166 of 2015 in respect of lands bearing Sy.Nos.30, 20/1 and 341 of nearby villages, was disbursed.
4. There is no indication as to whether any appeal is preferred or whether the Government has decided to prefer an appeal against the said Order of the District Court.
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5. In view of the above, in all probabilities the matter has attained finality.
6. In the light of the above, the prayer of the appellant seeking enhancement of the compensation, shall be treated on par with the compensation awarded by Lower Appellate Court in respect of lands of the nearby villages which was acquired vide notification dated: 23.03.1990.
7. The learned counsel for the appellants has referred to the judgment i.e. MSA No.200055/2016 pertains to Bennithora Project, in which the compensation awarded was Rs.1,52,059/- per acre for the notification of the year 1990 and notification in the present case is of the year 1991, when these two notifications, which were the subject matter in the above judgment and present case, are taken into account, there has to be reconsideration. In this regard, 6 it is decided to recalculate the compensation on the basis of market value. For the gap of one year between 1990 notification and 1991 notification, escalation of 8% is to be considered. If it is calculated, it comes to Rs.1,52,059 + 8% = Rs.1,64,223/- per acre. Accordingly, the same is calculated for the purpose of awarding compensation. Hence, it is just and reasonable to award Rs.1,64,223/- per acre for dry land along with statutory benefits with costs.
8. The appellants are entitled for the compensation in respect of land Sy.No.80/1 of Harsur Village at Rs.1,64,223/- per acre with all statutory benefits. However, the appellants are not entitled for interest on the delayed period of 471 days in filing appeal.
9. The appeal is accordingly allowed with costs. 7
Two weeks time is granted to make good the deficit Court fee.
Learned AGA is permitted to file memo of appearance in four weeks.
Sd/-
JUDGE SBS*