Karnataka High Court
The Assistant Commissioner vs Papamma on 6 September, 2012
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF SEPTEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
MSA NO. 42/2012
BETWEEN:
The Assistant Commissioner,
& Special Land Acquisition
Officer, Chitradurga -
Rayadurga Railway Line,
Chitradurga-577535. ... APPELLANT
(By Sri. Nasarulla Khan, HCGP.)
AND
1. Papamma,
W/o Sri.Nallamallaiah,
Aged about 62 years,
2. Nallamallaiah,
S/o Sri. Mallaiah,
Since dead by his LRs.
a) Papamma,
W/o Sri. Nallamallaiah,
Aged about 62 years,
(1st appellant),
b) Devendrappa @ Devendra,
S/o Sri.Nallamallaiah,
Aged about 41 years,
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c) Palamma,
S.o Sri.Nallamallaiah,
Aged about 39 years,
d) Basamma,
D/o Sri.Nallamallaiah,
Aged about 36 years,
e) Rukmuniyamma,
D/o Sri. Nallamallaiah,
Aged about 29 years,
f) Sannapalaiah,
S/o Sri. Nallamallaiah,
Aged about 29 years,
All are R/o Nerlahally,
Molakalmuru taluk-577535. ... RESPONDENTS
*****
This MSA filed u/s 54(2) of Land Acquisition Act
against the judgment and award dated: 16.09.2011
passed in M.A.L.A.C.No.20/2011 on the file of the
Principal District and Sessions Judge at Chitradurga,
allowing the appeal and partly setting aside the
judgment and decree dated 07.03.2011 passed in
L.A.C.No.267/2002 on the file of the Senior Civil Judge,
Challakere, partly allowing the petition filed under
Section 18 of the Land Acquisition Act.
This MSA coming on for Orders this day, the Court
delivered the following:
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JUDGMENT
Accepting the cause shown in the affidavit filed in support of the application, the delay of 107 days in filing the appeal is condoned.
2. I have gone through the order passed by the Reference Court as well as the Appellate Court.
3. The brief facts of this are as under:-
The land was acquired in the year 1992-93 for the purpose of laying railway lines under the Land Acquisition Act. The Land Acquisition Officer has awarded compensation of Rs.3,325/- per acre and the same was challenged before the Reference Court, and the Reference Court following the capitalization method, awarded compensation of Rs.12,600/- per acre. In the said aspect of the matter, the claimants have preferred appeal in MA Nos.19 and 20/2011 (LAC) on the file of Prl. District and Sessions Judge, Chitradurga. By the order dated 16th September 2011, the learned Judge 4
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enhanced the compensation to Rs.25,200/- from Rs.12,600/- by following Ex.P.7 on comparative method, for the same purpose the land was acquired at Nerlahalli village, which is at a distance of 3 kms. and for the purpose of enhancement the learned Judge has referred the judgment in the case of State of Karnataka Vs. Mallappa and others reported in ILR 2003 Kar. 2336.
4. The appellant is the SLAO preferred this appeal on the ground that the learned District Judge committed an error in awarding the compensation to a nearby village which is at a close proximity. The grounds urged are examined in the light of the order passed by the Appellate Court and the decision rendered by this Court and further more particularly in respect of the compensation awarded in respect of land of a village, which is surrounding less than 3 kms., in view of the close proximity of the land acquired and also in the light of the judgment of this Court referred by the Appellate Court, I do not find any good reasons to issue 5
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notice to the respondents. Accordingly, the appeal stands dismissed. Consequently, I.A.No.1/2012 stands dismissed.
SD/-
JUDGE Rms