Karnataka High Court
Union Of India vs Sri Gurunath S/O Tippanna on 31 August, 2020
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF AUGUST, 2020
PRESENT
THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR.JUSTICE P.KRISHNA BHAT
MFA No.201188/2017 (LAC)
C/W
MFA Crob.No.200006/2018 (LAC), MFA No.201190/2017
(LAC), MFA Crob.No.200005/2018 (LAC), MFA
No.201187/2017(LAC), MFA Crob.No.200003/2018 (LAC),
MFA No.201422/2018 (LAC), MFA Crob.No.200008/2020
(LAC), MFA No.201421/2018 (LAC), MFA Crob.No.
200006/2020 (LAC), MFA No.201771/2018 (LAC), MFA
Crob. No.200007/2020 (LAC), MFA No.201494/2017 (LAC),
MFA Crob.No.200004/2018 (LAC), MFA No.201192/2017
(LAC), MFA Crob.No.200001/2018 (LAC), MFA
No.201189/2017 (LAC), MFA Crob.No.200002/2018 (LAC),
MFA No. 201191/2017 (LAC), MFA Crob.No. 200008/2018
(LAC), MFA No.201495/2017 (LAC), MFA
Crob.No.200007/2018 (LAC), MFA No.201769/2018 (LAC),
MFA No.201508/2018 (LAC), MFA No.201770/2018 (LAC),
MFA No.201130/2019 (LAC), MFA No.201131/2019 (LAC),
MFA No.201132/2019 (LAC) & MFA No.201133/2019 (LAC)
MFA No.201188/2017:
Between:
Union of India
Through Deputy Chief Engineer
(Const), South Central
2
Railways-III, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Gurunath S/o Tippanna
Age: Major, Occ: Agriculture
R/o Tajsultanpur, Gulbarga - 585 102
2. The Deputy Commissioner
Gulbarga - 585 102
3. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
... Respondents
(By Sri Subhash Mallapur, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to (i) call for the
records in L.A.C.No.655/2013 on the file of Prl. Senior Civil
Judge, Kalaburagi. (ii) Allow the appeal by setting aside the
Judgment & Award dated 25.01.2017 passed by learned Prl.
Senior Civil Judge, Kalaburagi, in LAC No.655/2013.
3
MFA CROB No.200006/2018
IN MFA No.201188/2017:
Between:
Gurunath S/o Tippanna
Age: Major, Occ: Agriculture
R/o Taj Sultanpur, Gulbarga
... Cross Objector
(By Sri Subhash Mallapur, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya
Building Secundrabad (A.P) - 410 001
2. The Deputy Commissioner
Kalaburagi - 585 102
3. Office of the Assistant Commissioner &
Land Acquisition Officer
Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to call for the records and allow the appeal by
setting aside the judgment and award in L.A.C.No.655/2013
date: 25.01.2017 thereby modifying the judgment and award
with an enhancement of further additional Rs.37.29 pisa per
Sq. Feet i.e. Rs.150 per Sq.Ft., though he is entitled for
Rs.90.29 pisa, i.e. 203 per Sq feet.
4
MFA No.201190/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways-III, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudasir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tujsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
4. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
5. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Subhash Mallapur, Advocate for R1 to R3;
Smt. Archana P. Tiwari, AGA for R4 & R5)
5
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
and allow the appeal by setting aside the Judgment & Award
dated 01.12.2016 passed by learned Prl. Senior Civil Judge,
Kalaburagi, in LAC No.654/2013.
MFA CROB No.200005/2018
IN MFA No.201190/2017:
Between:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age Major, Occ: Agriculture
All R/o Taj Sultanpur, Kalaburagi
... Cross Objectors
(By Sri Subhash Mallapur, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway), Railway nilaya
Building Secundrabad (A.P) - 410 001
2. The Deputy Commissioner
Gulbarga - 585 102
3. Office of the Assistant Commissioner
Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
6
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to call for the records and allow the appeal by
setting aside the judgment and award in L.A.C.No.654/2013
dated: 01.12.2016, thereby modifying the judgment and
award with an enhancement of further additional Rs.37.29
pisa per Sq. Feet i.e. Rs.150 per Sq.Ft., though he is entitled
for Rs.90.29 pise, i.e. 203 per Sq feet.
MFA No.201187/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways-III, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Mahmed Shafi Pasha
S/o Hasji Mahamed Ali
Age: Major, Occ: Agriculture
2. Sri Chandrakant S/o Ambaraya
Nellur, Age: Major, Occ: Agriculture
Both R/o Tujsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
7
3. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
4. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Subhash Mallapur, Advocate for R1 & R2;
Smt. Archana P. Tiwari, AGA for R3 & R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
and allow the appeal by setting aside the Judgment & Award
dated 25.01.2017 passed by learned Prl. Senior Civil Judge,
Kalaburagi, in LAC No.652/2013.
MFA CROB No.200003/2018
IN MFA No.201187/2017:
Between:
1. Sri Mahmed Shafi Pasha
S/o Hasji Mahmed Ali
Age Major, Occ: Agriculture
2. Sri Chandrakant S/o Ambraya Nellur
Age: Major, Occ: Agriculture
Both R/o Taj Sultanpur, Kalaburagi
... Cross Objectors
(By Sri Subhash Mallapur, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway), Railway nilaya
8
Building Secundrabad (A.P) - 410 001
2. The Deputy Commissioner
Kalaburagi - 585 102
3. Office of the Assistant Commissioner &
Land Acquisition Officer
Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to call for the records and allow the appeal by
setting aside the judgment and award in L.A.C.No.652/2013
date: 25.01.2016 thereby modifying the judgment and award
with an enhancement of further additional Rs.90.29 Pisa per
Sq feet.
MFA No.201422/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways-III, Secundrabad
(Andhra Pradesh) now at
Present Railway Station
Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
Smt. Bhimbai W/o Gurappa Since
Deceased by LRs.
9
1. Sri Gundappa S/o Gurappa
Age: Major, Occ: Agriculture
2. Yellappa S/o Gurappa
Age: Major, Occ: Agriculture
Both R/o Ganajalkhed Village
Tq. & Dist: Kalaburagi- 585 102
3. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
4. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Amresh S. Roja, Advocate for R1 & R2;
Smt. Archana P. Tiwari, AGA for R3 & R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of LA Act, praying to call for the records & allow the
appeal by setting aside the Judgment & Award dated
16.01.2018 passed by learned I Addl. Senior Civil Judge,
Kalaburagi, in LAC No.635/2013.
MFA CROB No.200008/2020
IN MFA No.201422/2018:
Between:
1. Gundappa S/o Gurappa
Age: 52 years, Occ: Agriculture
2. Yellappa S/o Gurappa
Age: 48 years, Occ: Agriculture
10
Both R/o Ganajalkhed Village
Tq. & Dist. Kalaburagi - 585 107
... Cross Objectors
(By Sri Amresh S. Roja, Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
(Construction), South-Central
Railways, Railway Nilaya Building
Secunderabad (Telangana State)
Presently at Kalaburagi Railway
Station - 585 107
2. The Deputy Commissioner
Mini Vidhana Soudha
Kalaburagi - 585 107
3. Office of the Asst. Commissioner &
Land Acquisition Officer
Kalaburagi - 585 104
... Respondents
(By Sri Manvendra Reddy Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to allow the appeal modifying the finding
recorded in judgment in LAC No. 635/2013 dated:
16.01.2018 passed by the I Additional Senior Civil Judge at
Kalaburagi and enhance the claim made by the appellant in
the appeal.
11
MFA No.201421/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Yellappa S/o Gurappa
Ganajalkhed, Age: Major,
Occ: Agriculture
R/o Ganajalkhed Village
Tq. & Dist: Kalaburagi- 585 102
2. The State of Karnataka
Through the Asst
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
3. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Amresh S. Roja, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to (i) call for the
records in L.A.C.No.633/2013 on the file of the I Addl. Senior
12
Civil Judge, Kalaburagi. (ii) allow the appeal by setting aside
the Judgment & Award dated 16.01.2018 passed by learned
I Addl. Senior Civil Judge, Kalaburagi, in LAC No.633/2013.
MFA CROB No.200006/2020
IN MFA No.201421/2018:
Between:
Yellappa S/o Gurappa Ganajalkhed
Age: 48 years, Occ: Agriculture
R/o Ganajalkhed Village
Tq. & Dist. Gulbarga
... Cross Objector
(By Sri Amresh S. Roja, Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
(Construction), South-Central
Railways, Railway Nilaya Building
Secunderabad (Telangana State)
Presently at Kalaburagi Railway
Station - 585 107
2. The Deputy Commissioner
Mini Vidhana Soudha
Kalaburagi - 585 107
3. Office of the Asst. Commissioner &
Land Acquisition Officer
Kalaburagi - 585 104
... Respondents
(By Sri Manvendra Reddy Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
13
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to allow the appeal modifying the finding
recorded in judgment in LAC No. 633/2013, dated:
16.01.2018 passed by the I Additional Senior Civil Judge, at
Kalaburagi and enhance the claim made by the appellant in
the appeal.
MFA No.201771/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer
Construction, S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy & Sri Narendra M. Reddy,
Advocates)
And:
1. Gundappa S/o Gurappa
Age: Major, Occ: Agriculture
R/o Ganajalkhed Village
Tq. & Dist: Kalaburagi- 585 103
2. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Kalaburagi- 585 103
14
3. The Deputy Commissioner
Kalaburagi- 585 103
... Respondents
(By Sri Amresh S. Roja, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of LA Act, praying to (i) call for the records in
L.A.C.No.648/2013 on the file of the III Addl. Senior Civil
Judge, Kalaburagi (ii) allow the appeal by setting aside the
Judgment & Award dated 16.04.2018 passed by learned III
Addl. Senior Civil Judge, Kalaburagi, in LAC No.648/2013.
MFA CROB No.200007/2020
IN MFA No.201771/2018:
Between:
Gundappa S/o Gurappa
Age: 52 years, Occ: Agriculture
R/o Ganajalkhed Village
Tq. & Dist: Kalaburagi- 585 104
... Cross Objector
(By Sri Amaresh S. Roja, Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
(Construction), South-Central
Railways, Railway Nilaya Building
Secunderabad (Telangana State)
Presently at Kalaburagi Railway
Station - 585 107
2. The Deputy Commissioner
Mini Vidhana Soudha
Kalaburagi - 585 107
15
3. Office of the Asst. Commissioner &
Land Acquisition Officer
Kalaburagi - 585 104
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to allow the appeal modifying the finding
recorded in judgment and award dated: 16.04.2018 in LAC
No.648/2013, passed by the III Additional Senior Civil
Judge, at Kalaburagi and enhance the claim made by the
appellant in the appeal.
MFA No.201494/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways-III, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
16
3. Sri Mudsir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tujsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
4. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
5. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Subhash Mallapur, Advocate for R1 to R3;
Smt. Archana P. Tiwari, AGA for R4 & R5)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to (i) call for the
records in L.A.C.No.659/2013 on the file of Prl. Senior Civil
Judge, Kalaburagi; (ii) allow the appeal by setting aside the
Judgment & Award dated 01.12.2016 passed by learned Prl.
Senior Civil Judge, Kalaburagi, in LAC No.659/2013.
MFA CROB No.200004/2018
IN MFA No.201494/2017:
Between:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age Major, Occ: Agriculture
All R/o Taj Sultanpur, Kalaburagi
17
... Cross Objectors
(By Sri Subhash Mallapur, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway), Railway nilaya
Building Secundrabad (A.P) - 410 001
2. The Deputy Commissioner
Gulbarga - 585 102
3. Office of the Assistant Commissioner &
Land Acquisition Officer
Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to call for the records and allow the appeal by
setting aside the judgment and award in L.A.C.No.659/2013
dated: 01.12.2016, thereby modifying the judgment and
award with an enhancement of further additional Rs.37.29
Pisa per Sq feet i.e. Rs 150 per Sq.ft., though he is entitled
for Rs.90.29 paise, i.e 203 per Sq.Ft.
MFA No.201192/2017:
Between:
Union of India
Through Deputy Chief Engineer
(Const), South Central
Railways-III, Secundrabad
18
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
South Central Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudasir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
4. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
5. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Subhash Mallapur, Advocate for R1 to R3;
Smt. Archana P. Tiwari, AGA for R4 & R5)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
and allow the appeal by setting aside the Judgment and
Award dated 01.12.2016 passed by learned Prl. Senior Civil
Judge, Kalaburagi, in LAC No.658/2013.
19
MFA CROB No.200001/2018
IN MFA No.201192/2017:
Between:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Taj Sultanpur, Kalaburagi
... Cross Objectors
(By Sri Subhash Mallapur, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway), Railway nilaya
Building Secundrabad (A.P) - 410 001
2. The Deputy Commissioner
Gulbarga - 585 102
3. Office of the Assistant Commissioner &
Land Acquisition Officer
Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to call for the records and allow the appeal by
setting aside the judgment and award in L.A.C.No.658/2013
20
dated: 01.12.2016, thereby modifying the judgment and
award with an enhancement of further additional Rs.37.29
pisa per Sq. Feet i.e. Rs.150 per Sq.Ft., though he is entitled
for Rs.90.29 pisa, i.e. 203 per Sq feet.
MFA No.201189/2017:
Between:
Union of India
Through Deputy Chief Engineer
(Const), South Central
Railways-III, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Peerappa S/o Nagappa
Age: Major, Occ: Agriculture
R/o Tajsultanpur, Gulbarga - 585 102
2. The Deputy Commissioner
Gulbarga - 585 102
3. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
... Respondents
(By Sri Subhash Mallapur, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
21
and allow the appeal by setting aside the Judgment and
Award dated 25.01.2017 passed by learned Prl. Senior Civil
Judge, Kalaburagi, in LAC No.656/2013.
MFA CROB No.200002/2018
IN MFA No.201189/2017:
Between:
Peerappa S/o Nagappa
Age: Major, Occ: Agriculture
R/o Taj Sultanpur, Gulbarga
... Cross Objector
(By Sri Subhash Mallapur, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway), Railway nilaya
Secundrabad (A.P)
2. The Deputy Commissioner
Gulbarga
3. Office of the Assistant Commissioner &
Land Acquisition Officer
Kalaburagi
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to call for the records and allow the appeal by
setting aside the judgment and award in L.A.C.No.656/2013
date: 25.01.2017 thereby modifying the judgment and award
with an enhancement of further additional Rs.90.29 Pisa per
Sq feet.
22
MFA No.201191/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways-III, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudasir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tujsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
4. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
5. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Subhash Mallapur, Advocate for R1 to R3;
Smt. Archana P. Tiwari, AGA for R4 & R5)
23
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to (i) call for the
records in L.A.C.No.657/2013 on the file of Prl. Senior Civil
Judge, Kalaburagi; (ii) allow the appeal by setting aside the
Judgment & Award dated 01.12.2016 passed by learned Prl.
Senior Civil Judge, Kalaburagi, in LAC No.657/2013.
MFA CROB No.200008/2018
IN MFA No.201191/2017:
Between:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Taj Sultanpur, Kalaburagi
... Cross Objectors
(By Sri Subhash Mallapur, Advocate)
And:
1. The Deputy Chief Engineer
(S.C. Railway), Railway nilaya
Building Secundrabad (A.P) - 410 001
2. The Deputy Commissioner
Gulbarga - 585 202
3. Office of the Assistant Commissioner &
Land Acquisition Officer
Kalaburagi - 585 202
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
24
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to call for the records and allow the appeal by
setting aside the judgment and award in L.A.C.No.657/2013
dated: 01.12.2016, thereby modifying the judgment and
award with an enhancement of further additional Rs.37.29
pisa per Sq. Feet i.e. Rs.150 per Sq.Ft., though he is entitled
for Rs.90.29 pisa, i.e. 203 per Sq feet.
MFA No.201495/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways-III, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
S.C. Railway Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tujsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
25
4. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
5. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Subhash Mallapur, Advocate for R1 to R3;
Smt. Archana P. Tiwari, AGA for R3 & R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to (i) call for the
records in L.A.C.No.660/2013 on the file of Prl. Senior Civil
Judge, Kalaburagi; (ii) allow the appeal by setting aside the
Judgment & Award dated 01.12.2016 passed by learned Prl.
Senior Civil Judge, Kalaburagi, in LAC No.660/2013.
MFA CROB No.200007/2018
IN MFA No.201495/2017:
Between:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age Major, Occ: Agriculture
All R/o Taj Sultanpur, Kalaburagi
... Cross Objectors
(By Sri Subhash Mallapur, Advocate)
26
And:
1. The Deputy Chief Engineer
(S.C. Railway), Railway nilaya
Building Secundrabad (A.P) - 410 001
2. The Deputy Commissioner
Gulbarga - 585 102
3. Office of the Assistant Commissioner
And Land Acquisition Officer
Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This MFA Crob. is filed under Order 41 Rule 22 of CPC
Act, praying to call for the records and allow the appeal by
setting aside the judgment and award in L.A.C.No.660/2013
dated: 15.07.2015, thereby modifying the judgment and
award with an enhancement of further Additional Rs.37.29
Pisa per Sq feet. i.e. Rs 150 per Sq.ft., through he is entitled
for Rs.90.29 paise, i.e 203 per Sq.Ft.
MFA No.201769/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
27
S.C. Railway, Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Smt. Shakuntalabai
W/o Guru Bheemrao Kulkarni
Age: Major, Occ: Household
R/o Balghat Compound,
Kalaburagi - 585 102
2. The Deputy Commissioner
Kalaburagi- 585 102
3. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
... Respondents
(By Sri Venkatesh C. Mallabadi, Advocate for R1;
Smt. Archana P. Tiwari AGA, for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
and allow the appeal by setting aside the Judgment &
Award dated 16.04.2018 passed by learned I Addl. Senior
Civil Judge, Kalaburagi, in LAC No.634/2013.
MFA No.201508/2018:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad
28
(Andhra Pradesh)
Represented by
Assistant Executive Engineer
South Central Railway (Const.) Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Mallikarjun S/o Tippanna
Age: Major, Occ: Agriculture
R/o Tajsultanpur Village
Tq. & Dist: Gulbarga - 585 104
2. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Gulbarga - 585 102
3. The Deputy Commissioner
Gulbarga - 585 102
... Respondents
(By Sri Babu H. Metagudda, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to (i) call for the
records in L.A.C.No.653/2013 on the file of the Prl. Senior
Civil Judge, Kalaburagi; (ii) allow the appeal by setting aside
the Judgment and Award dated 13.03.2018 passed by
learned Prl. Senior Civil Judge, Kalaburagi, in LAC
No.653/2013.
MFA No.201770/2017:
Between:
Union of India
Through Deputy Chief Engineer
29
Construction, South Central
Railways, Secundrabad
(Andhra Pradesh)
Represented by
Assistant Executive Engineer Construction
South Central Railway
Gulbarga-585102
... Appellant
(By Sri Manvendra Reddy & Sri Narendra M. Reddy,
Advocates)
And:
1. Smt. Nagamma W/o Late Ramanna
Minajagi, Age: Major, Occ: Household
R/o Tajsultanpur village
Tq. & Dist. Kalaburagi-585102
2. The Deputy Commissioner
Kalaburagi- 585 102
3. The State of Karnataka
Through the Asst.
Commissioner and Land
Acquisition Officer, Kalaburagi- 585 102
... Respondents
(By Sri Venkatesh C. Mallabadi, Advocate for R1;
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
and allow the appeal by setting aside the Judgment and
Award dated 16.04.2018 passed by learned I Addl. Senior
Civil Judge, Kalaburagi in LAC No.639/2013.
30
MFA No.201130/2019:
Between:
1. The Deputy Commissioner
Gulbarga - 585 102
2. The Land Acquisition Officer,
of the Assistant Commissioner
Gulbarga - 585 102
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
4. The Deputy Chief Engineer
(S.C. Railway) Railway Nilaya Building
Secundrabad (Andhra Pradesh)
... Respondents
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
and allow the appeal by setting aside the Judgment & Award
31
dated 01.12.2016 passed by learned Prl. Senior Civil Judge,
Kalaburagi, in LAC No.659/2013.
MFA No.201131/2019:
Between:
1. The Deputy Commissioner
Gulbarga - 585 102
2. The Land Acquisition Officer,
of the Assistant Commissioner
Gulbarga - 585 102
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
4. The Deputy Chief Engineer
(S.C. Railway) Railway Nilaya Building
Secundrabad (Andhra Pradesh)
... Respondents
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
32
and allow the appeal by setting aside the Judgment & Award
dated 01.12.2016 passed by learned Prl. Senior Civil Judge,
Kalaburagi, in LAC No.660/2013.
MFA No.201132/2019:
Between:
1. The Deputy Commissioner
Gulbarga - 585 102
2. The Land Acquisition Officer,
of the Assistant Commissioner
Gulbarga - 585 102
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudsir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
4. The Deputy Chief Engineer
(S.C. Railway) Railway Nilaya Building
Secundrabad (Andhra Pradesh)
... Respondents
33
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
and allow the appeal by setting aside the Judgment & Award
dated 01.12.2016 passed by learned Prl. Senior Civil Judge,
Kalaburagi, in LAC No.654/2013.
MFA No.201133/2019:
Between:
1. The Deputy Commissioner
Gulbarga - 585 102
2. The Land Acquisition Officer,
of the Assistant Commissioner
Gulbarga - 585 102
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Nazeer Ahmed S/o Shabbir Ali
Age: Major, Occ: Agriculture
2. Sri Gulam S/o Shabbir Ali
Age: Major, Occ: Agriculture
3. Sri Mudasir Ali S/o Shabbir Ali
Age: Major, Occ: Agriculture
All R/o Tajsultanpur Village
Tq. & Dist. Kalaburagi - 585 103
4. The Deputy Chief Engineer
(S.C. Railway) Railway Nilaya Building
Secundrabad (Andhra Pradesh)
... Respondents
34
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
and allow the appeal by setting aside the Judgment & Award
dated 01.12.2016 passed by learned Prl. Senior Civil Judge,
Kalaburagi, in LAC No.658/2013.
These Appeals & Cross Objections coming on for
admission this day, Krishna S. Dixit J., delivered the
following:-
JUDGMENT
In these cases the acquiring body, the beneficiary of acquisition & the land-losers are before this Court, ventilating their grievances against the impugned Judgments & Awards entered by the Reference Court; the land-losers' grieve that the award of compensation is on the lower side whereas, per contra, the SLAO & Railways complain that the same is much on the higher side.
2. After service of notice, the opposing parties having entered appearance through their counsel, repel 35 each others' contentions; on the suggestion of the Bar, these cases which have a similar fact matrix and which involve similar questions of law are taken up for final hearing and disposal by this common judgment.
3. The brief facts:
(a) This acquisition for the benefit of Railways commenced with the issuance of Preliminary Notification dated 01.07.2010; the Final Notification was issued on 03.03.2011 and Award came to be passed on 09.07.2012; subsequently, the possession of these lands situate in the same village was also taken presumably on different dates.
(b) Not being satisfied with the compensation awarded by the SLAO, the land-losers were before the Reference Court which has enhanced the compensation, on a very higher side according to the Railways and on a very meager side in the opinion of the land-losers; hence these Appeals/Cross Objections.
36
4. We have heard learned counsel for the parties and perused the papers from the original TCR; we are of the considered opinion that the compensation awarded is a bit on the higher side and therefore, the same requires to be marginally downwardly revised as under and for the following reasons:
(a) There is no dispute that all these lands are situate at Taj Sultanpur village which finds place in the Master Plan dated 29.11.1965 issued under the provisions of Karnataka Town and Country Planning Act, 1961 and thus the said village is near the periphery of Gulbarga Town, as it then was; therefore, these lands had the potential for conversion to non-agricultural user, cannot be seriously controverted, which aspect the learned Judge of the Reference Court has duly adverted to; this aspect has also been discussed by the Division Bench in Mohammed Tajoddin Case, infra. 37
(b) There is force in the contention of learned Sr. Panel Counsel for the Railways that a sporadic Sale Deed dated 29.07.2013 which comprised only one gunta of agricultural land ought not to have much banked upon by the Reference Court; 'one single sparrow, makes not the summer', said Shakespeare is true; as already mentioned above, Preliminary Notification is dated 01.07.2010 and thus the gap between initiation of acquisition process and execution of the Sale Deed is more than three years; the Apex Court in Central Manager, ONGC vs. Ramesh Bhai Jeevan Bhai Patel, (2008) 14 SCC 745 stated the legal position at para-16 of its decision as under:
"... One of the fundamental principles of valuation is that the transactions subsequent to the acquisition should be ignored for determining the market value of acquired lands, as the very acquisition and the consequential development would accelerate the overall development of the surrounding areas resulting in a sudden or steep spurt in the prices. Courts should, therefore, avoid determination of market value with reference to subsequent/future transactions/ Even if it 38 becomes inevitable, there should be greater caution in applying the prices fetched for transactions in future. ..."
(c) The learned Sr. Panel Counsel for the Railways is more than justified in finding fault with the learned Judge of the Reference Court in placing any reliance on the subject Sale Deed of July 2013 inasmuch as it comprised of only one single gunta of agricultural land which is not even a house site; by now it has been well settled that an agricultural land continues to be agricultural unless & until the same is got converted to non-agricultural user under Section 95 of the Karnataka Land Revenue Act, 1964; that apart, where a huge extent of land has been acquired especially for the benefit of Governmental bodies like the Railways, the comparative sale transactions comprising small bits of lands would not be helpful as a factor in the determination of market value, reasons for this being not far to seek.
39
(d) There is force in the contention of learned AGA & the Sr. Panel Counsel that the Reference Court ought to have been impressed by the registered Sale Deed dated 13.10.2010 at Ex.D31/D32 which comprised of 35 guntas of land and the price therefor was Rs.10 lakh; this sale transaction has the advantage of proximity of time & place; the learned Judge of the Reference Court gravely erred in excluding the said Sale Deed from the zone of consideration only because the July 2013 Sale Deed had mentioned a higher price; in fact as already mentioned above, the 2013 Sale Deed not being a comparable transaction ought to have been excluded from such consideration.
(e) The Sr. Panel Counsel for the Railways is immensely justified in pressing into service the Division Bench Judgment of this Court made on 25.01.2017 in MFA No.32806/2013 (LAC) & connected matters between State of Karnataka vs. Mohammed Tajoddin 40 which related to 2005 acquisition of the lands inter alia in the very same village namely, Taj Sultanpur; we are told at the Bar that the SLP filed challenging the same has been rejected by the Apex Court; the Bench having considered all aspects of the matter, at paragraph-20 has fixed Rs.65/- per Sft. for the lands in this very village; to this value 10% needs to be added per year of the period gone by till 2010 which is the year of Preliminary Notification in the cases at hands, as rightly contended by all the learned counsel appearing for the land-losers; in fact this exercise ought to have been done by the Reference Court itself and to that extent there is yet another lacuna in the impugned judgments;
(f) Keeping Rs.65/- per Sft. as the base value and adverting to the approximate distance between the lands, the compensation needs to be redetermined in all these cases; regard being had to all aspects of the matter, for the lands which are nearby, the 41 compensation is redetermined at Rs.110/- and for the lands which are comparatively little far, the same is determined at Rs.105/- per Sft.; in doing this exercise, we have also kept in view the pain which the Indian peasants have at heart when parting with their lands.
(g) The learned Sr. Panel Counsel for the Railways vehemently argues and we agree with it that the learned Judge of the Reference Court has fallen into an error in fixing the reckoning point for the accrual of interest payable on the compensation amount and therefore, we make it clear that the reckoning point for the accrual of interest shall be the date of Award or the date of taking possession, whichever is earlier; the other contentions of both the sides structured on the basis of Development Plan of December 2010 do not merit deeper examination, the same having been formulated subsequent to the initiation of acquisition process; however, we have noted the contention as to Reference 42 Court adopting the uniform rates of compensation regardless of comparative distances between the lands in question of the same village or the adjoining village.
In the above circumstances, the challenge laid by the Railways and the SLAO partly succeeds and the challenge laid by the land-losers is negatived; the impugned Judgments & Awards entered by the Reference Court having been modified, the rate of compensation is directed to be redetermined as under:
A) Rs.110/- (rupees one hundred & ten) only per Sq.ft. for the lands comprised in the cases enlisted below:
i) MFA No.201190/2017 between Union of India vs. Sri Nazeer Ahmed & Ors., MFA No.201132/2019 between The Deputy Commissioner & Anr. Vs. Sri Nazeer Ahmed & Ors. corresponding MFA Crob.No.200005/2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.43
ii) MFA No.201187/2017 between Union of India vs. Sri Mahmed Shafi Pasha & Ors. corresponding MFA Crob.No. 200003/2018 between Sri Mahmed Shafi Pasha & Anr. vs. The Deputy Chief Engineer & Ors.
iii) MFA No.201421/2018 between Union of India vs. Sri Yellappa S/o Gurappa & Ors. corresponding MFA Crob.No. 200006/2020 between Yellappa vs. Union of India & Ors.
iv) MFA No.201771/2018 between Union of India vs. Gundappa & Ors.
corresponding MFA Crob.No.200007/ 2020 between Gundappa vs. Union of India & Ors.
v) MFA No.201494/2017 between Union of India vs. Sri Nazeer Ahmed & Ors., MFA No.201130/2019 between The Deputy Commissioner & Anr. Vs. Sri Nazeer Ahmed & Ors. corresponding MFA Crob.No.200004/2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.
44
vi) MFA No.201192/2017 between Union of India vs. Nazeer Ahmed & Ors., MFA No.201133/2019 between The Deputy Commissioner & Anr. Vs. Sri Nazeer Ahmed & Ors. corresponding MFA Crob.No.200001/ 2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.
vii) MFA No.201189/2017 between Union of India vs. Sri Peerappa & Ors.
corresponding MFA Crob.No.200002/ 2018 between Sri Peerappa vs. The Deputy Chief Engineer & Ors.
viii) MFA No.201191/2017 between Union of India vs. Sri Nazeer Ahmed & Ors.
corresponding MFA Crob.No.200008/ 2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.
ix) MFA No.201495/2017 between Union of India vs. Sri Nazeer Ahmed & Ors., MFA No.201131/2019 between The Deputy Commissioner & Anr. Vs. Sri 45 Nazeer Ahmed & Ors. corresponding MFA Crob.No.200007/2018 between Sri Nazeer Ahmed & Ors. vs. The Deputy Chief Engineer & Ors.
x) MFA No.201769/2018 between Union of India vs. Smt. Shakuntalabai & Ors. B) Rs.105/- (rupees one hundred & five) only per Sq.ft. for the lands comprised in the cases enlisted below:
i) MFA No.201188/2017 between Union of India vs. Sri Gurunath & Ors.
corresponding MFA Crob.No.200006/ 2018 between Gurunath vs. The Deputy Chief Engineer & Ors.
ii) MFA No.201422/2018 between Union
of India vs. Smt. Bhimbai, since
deceased, by LRs & Ors.
corresponding MFA Crob.No.200008/ 2020 between Gundappa & Anr. Vs. Union of India & Ors.
iii) MFA No.201770/2018 between Union of India vs. Smt. Nagamma & Ors.
46
iv) MFA No.201508/2018 between Union of India vs. Sri Mallikarjun & Ors.
The Registry is directed to transmit the amount in deposit to the concerned Reference Court for being disbursed to the land-losers which is due, in accordance with law and forthwith.
Note: All pending applications filed by either parties pale into insignificance since main matters themselves are heard & disposed off on merits, after overruling the Office Objections.
Costs made easy.
Sd/-
JUDGE Sd/-
JUDGE LG/swk