Karnataka High Court
Sri.Chanabasappa S/O Shivalingappa vs The Special Land Acquisition Officer, on 13 November, 2020
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 13th day of November 2020
Before
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
M.F.A No.100914 of 2019 (LAC)
Between
Sri. Chanabasappa,
S/o Shivalingappa Mokashi,
Age: 66 years, Occ: Agri,
R/o: Hunasikatti, Tq: Bailhongal,
Dist: Belagavi-591102. ...Appellant
(By Sri. K.H. Bagi, Sri S.N.Hatti, Advocates)
And
1. The Special Land Acquisition
Officer, Malaprabha Project-III,
Dharwad, Now at Sector-60,
Navanagar, Bagalkot,
Dist: Bagalkot-587102.
2. The Executive Engineer,
M.L.B.C.C. Division. No.2, Karnataka
Neeravari Nigam Ltd.,
Navilutheerth, Tq: Soundatti,
Dist: Belagavi-591116. ...Respondents
(By Sri. R.Ravindra Naik, HCGP for R1
Sri. Ramesh N.Misale, Advocate for R2)
2
This MFA is filed under Section 54(1) of the Land
Acquisition Act against the judgment and award dated
14.12.2018 passed in LAC No.26/2015 on the file of the
Senior Civil Judge & Additional Motor Accident Claims
Tribunal, Bailhongal, partly allowing the petition filed
under Section 18(1) of the Land Acquisition Act.
This MFA coming on for Orders this day, the Court
delivered the following:
JUDGMENT
This appeal is filed challenging the judgment and award dated 14.12.2018 passed in LAC No.26/2015 on the file of the Senior Civil Judge and Addl. MACT, Bailhongal.
2. Land bearing Sy.No.73/1+PA/1 measuring 1 acre 7 guntas situated at Hunashikatti village of Bailhongal Taluk, belonging to the claimant was acquired by issuing a preliminary notification dated 20.01.2011 under Section 4(1) of the Land Acquisition Act for the purpose of Malaprabha Project. The Special Land Acquisition Officer by an award dated 26.12.2012 3 fixed the market value of the land in question at Rs.26,241/- per acre. The claimant not being satisfied with the quantum of compensation filed an application under Section 18(1) of the Land Acquisition Act.
3. Reference Court fixed the market value of the land in question at the rate of Rs.5,08,000/- per acre. Being aggrieved, the claimant has filed this appeal.
4. Learned counsel for the appellant submits that market value fixed by the Reference Court in respect of the land in question at Rs.5,08,000/- per acre was on the basis of the market value fixed by the Co-ordinate Bench of this Court in M.F.A. No.23480/2012 (disposed of on 15.09.2016) in respect of irrigated land acquired under notification dated 11.06.2009 and for the purpose of Malaprabha Project. However, the land in question was acquired subsequently, and the appellant is entitled for enhancement of compensation based on escalation to be assessed at 10% per annum.
4
5. Learned counsel for respondent No.2 justifies the award passed by the reference Court and seeks for dismissal of the appeal.
6. The point for consideration in this appeal is, Whether the appellant is entitled for enhancement of compensation based on escalation to be assessed at 10% per annum?
7. A Division Bench of this Court in M.F.A. No.22947 of 2011 (Babu Vs. The Special Land Acquisition Officer, decided on 01.12.2011), has assessed the escalation at the rate of 10% in respect of the lands which were acquired for Malaprabha Reservoir Project. A co-ordinate Bench of this Court in the case of Chanabasappa Vs. Karnataka Neeravari Nigam Ltd., and Another reported in ILR 2016 KAR 3663 following the judgment passed by the Division Bench in M.F.A. No.22947 of 2011 has held that the appellant therein is entitled to enhanced compensation in respect of the 5 land acquired for Malaprabha Reservoir Project by assessing the escalation at 10% per annum instead of proceeding on the capitalization method. In L.A.C. No.226 of 2017, the XI Additional District and Sessions Judge, Belagavi, following the decision of this Court in the case of Chanabasappa (supra) has fixed the market value of the land, which were acquired for Malaprabha Reservoir Project, at Rs.5,08,000/- per acre with escalation at 10% per annum. The award passed by the District Court has attained finality as against respondent No.2 and the same is binding on the said respondent.
8. In view of the judgment passed by the Division bench of this Court in M.F.A. No.22947 of 2011, the judgment passed by the co-ordinate Bench of this Court in Chanabasappa's case (supra) and also the judgment and award passed by the District Court at Belagavi in L.A.C. No.226 of 2017, the market value of 6 the acquired land in question is also fixed at Rs.5,08,000/- per acre with escalation at 10% per annum from 11.06.2009 till the date of issuance of preliminary notification dated 20.01.2011 under Section 4(1) of the Act. Hence, the following:
ORDER
i) This appeal is allowed in part.
ii) The judgment and award dated 14.12.2018 passed in LAC No.26/2015 on the file of the Senior Civil Judge and Addl. MACT, Bailhongal, is modified. The market value of the acquired land is fixed at Rs.5,08,000/- per acre with escalation at 10% from 11.06.2009 to 20.01.2011 which comes to Rs.6,09,600/-
per acre with all statutory benefit, interest and costs.
Deficit court fees, if any, to be made good at the time of drawing up of the award.
Liberty is reserved to the claimant/appellant to file appropriate application seeking damages before the SLAO, if any, from the date of submergence till the date 7 of issuance of notification under Section 4(1) of the Land Acquisition Act and if such application is made, the same to be considered in accordance with law within six months from the date of filing of the application.
Sd/-
JUDGE Kms