Karnataka High Court
Ambanna S/O Sharanappa Since Deceased ... vs The Special Land Acquisition Officer on 24 April, 2013
Author: Huluvadi G.Ramesh
Bench: Huluvadi G. Ramesh
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 24TH DAY OF APRIL, 2013
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH
MISC. SECOND APPEAL NO.1066/2013(LAC)
C/W
MISC. SECOND APPEAL NOS.1067/2013, 1068/2013,
1070/2013 & 1069/2013 (LAC)
MSA NO.1066/2013:
Between:
BHIMBAI SINCE DECEASED BY HER LRS.,
i. BASANNA S/O. REVANASIDDAPPA
AGE: 59 YEARS, OCC: AGRICULTURE
ii. IRANNA S/O. REVANSIDDAPP
AGE 57 YEARS, OCC: AGRICULTURE
iii. MAHARUDRAPPA S/O. REVANSIDDAPPA
AGE: 54 YEARS, OCC: AGRICULTURE
iv. SUSHILABI W/O. RAJENDRAPPA
AGE: 59 YEARS, OCC: AGRICULTURE
v. PUTALABAI W/O. DEVIDNRAPPA
AGE: 64 YEARS, OCC: HOUSEHOLD AND AGRIL.
vi. RATNAMMA W/O. MADAPPA
AGE: 49 YEARS, OCC: HOUSEHOLD AND AGRIL.
ALL ARE R/O. OKALI VILLAGE
TQ: AND DIST: GULBARGA
...APPELLANTS
(BY SRI S.S. SAJJANSHETTY, ADVOCATE)
2
And:
1. THE SPECIAL LAND ACQUISITION OFFICER,
M & MIP, ROOM NO.7, MINI VIDHAN SOUDHA,
GULBARGA-585101.
2. THE EXECUTIVE ENGINEER, MI DIVISION
AIWAN-E-SHAHI ROAD
GULBARGA - 585101
...RESPONDENTS
(BY SRI. S.K.BABSHETTY, GOVT. PLEADER)
THIS MSA FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 12.04.2010 PASSED IN LACA NO.150/2009 ON THE FILE
OF THE III ADDL. DISTRICT JUDGE AT GULBARGA, WHEREIN
THE APPEAL WAS ALLOWED AND THE JUDGMENT AND AWARD
DATED 21.11.2002 PASSED IN LAC NO.686/1998 ON THE FILE
OF THE II ADDL. CIVIL JUDGE (SR.DN) AT GULBARGA WAS SET
ASIDE.
MSA NO.1067/2013:
Between:
AMBANNA S/O. SHARANAPPA SINCE
DECEASED BY HIS LRS.,
i. SHIVAKANTAMAA W/O. AMANNA
AGE: 59 YEARS, OCC: HOUSEHOLD/AGRIL.
ii. KHANDAPPA S/O. AMBANNA
AGE: 39 YEARS, OCC: AGRICULTURE
iii. BASAWARAJ S/O. AMBANNA
AGE: 33 YEARS, OCC: AGRICULTURE
3
iv. NAGARAJ S/O. AMBANNA
AGE: 29 YEARS, OCC: AGRICULTURE
ALL ARE R/O. OKALI VILLAGE
TQ: AND DIST: GULBARGA
...APPELLANTS
(BY SRI S.S.SAJJANSHETTY, ADVOCATE)
And:
1. THE SPECIAL LAND ACQUISITION OFFICER,
M & MIP, ROOM NO.7, MINI VIDHAN SOUDHA,
GULBARGA-585101.
2. THE EXECUTIVE ENGINEER, MI DIVISION
AIWAN-E-SHAHI ROAD, GULBARGA-585101
...RESPONDENTS
(BY SRI. S.K.BABSHETTY, GOVT. PLEADER)
THIS MSA FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 12.04.2010 PASSED IN LACA NO.151/2009 ON THE FILE
OF THE III ADDL. DISTRICT JUDGE AT GULBARGA, WHEREIN
THE APPEAL WAS ALLOWED AND THE JUDGMENT AND AWARD
DATED 22.11.2002 PASSED IN LAC NO.683/1998 ON THE FILE
OF THE II ADDL. CIVIL JUDGE (SR.DN) AT GULBARGA WAS SET
ASIDE.
MSA NO.1068/2013:
Between:
SMT. GURAMMA W/O. REVANASIDDAPPA
SINCE DECEASED BY HER LRS.,
1. GUNDAPPA S/O. BHIMASHA
AGE: 69 YEARS, OCC: AGRICULTURE
4
2. NAGANNA S/O. BHIMASHA
AGE: 59 YEARS, OCC: AGRICULTURE
BOTH ARE R/O. OKALI VILLAGE
TQ: AND DIST: GULBARGA
...APPELLANTS
(BY SRI S.S.SAJJANSHETTY, ADVOCATE)
And:
1. THE SPECIAL LAND ACQUISITION OFFICER,
M & MIP, ROOM NO.7, MINI VIDHAN SOUDHA,
GULBARGA-585101.
3. THE EXECUTIVE ENGINEER, MI DIVISION
AIWAN-E-SHAHI ROAD, GULBARGA-585101
...RESPONDENTS
(BY SRI. S.K.BABSHETTY, GOVT. PLEADER)
THIS MSA FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 12.04.2010 PASSED IN LACA NO.153/2009 ON THE FILE
OF THE III ADDL. DISTRICT JUDGE AT GULBARGA, WHEREIN
THE APPEAL WAS ALLOWED AND THE JUDGMENT AND AWARD
DATED 22.11.2002 PASSED IN LAC NO.685/1998 ON THE FILE
OF THE II ADDL. CIVIL JUDGE (SR.DN) AT GULBARGA WAS SET
ASIDE.
MSA NO.1070/2013:
Between:
MADAPPA S/O. ANDAPPA
SINCE DECEASED BY HIS LRS.,
A. SHIVALINGAPPA S/O. MADAPPA
SINCE DECEASED BY LRS.,
5
RAMABAI W/O. SHIVALINGAPPA
AGE: 64 YEARS, OCC: HOUSEHOLD
B. SHIVARAYA S/O. MADAPPA
SINCE DECEASED BY HIS LRS.,
1. DHULAPPA S/O. SHIVARAYA
AGE: 40 YEARS
2. BHANDAPPA S/O. SHIVARAYA
AGE: 31 YEARS
3. MAGANATH S/O. SHIVARAYA
AGE: 27 YEARS
ALL OCC: AGRICULTURE
C. GOUDAPPA S/O. MADAPPA
AGE: 61 YEARS, OCC: AGRICULTURE
ALL R/O. OKALY VILLAGE
TQ: AND DIST: GULBARGA
...APPELLANTS
(BY SRI S.S.SAJJANSHETTY, ADVOCATE)
And:
1. THE SPECIAL LAND ACQUISITION OFFICER,
M & MIP, ROOM NO.7, MINI VIDHAN SOUDHA,
GULBARGA-585101.
4. THE EXECUTIVE ENGINEER, MI DIVISION
AIWAN-E-SHAHI ROAD, GULBARGA-585101
...RESPONDENTS
(BY SRI. S.K.BABSHETTY, GOVT. PLEADER)
THIS MSA FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
6
DATED 12.04.2010 PASSED IN LACA NO.154/2009 ON THE FILE
OF THE III ADDL. DISTRICT JUDGE AT GULBARGA, WHEREIN
THE APPEAL WAS ALLOWED AND THE JUDGMENT AND AWARD
DATED 02.11.2004 PASSED IN LAC NO.02/1999 ON THE FILE OF
THE III ADDL. CIVIL JUDGE (SR.DN) AT GULBARGA WAS SET
ASIDE.
MSA NO.1069/2013:
Between:
GUNDAPPA S/O. KHANDAPPA
AGE: 69 YEARS, OCC: AGRICULTURE
R/O. OKALY VILLAGE
TQ: AND DIST: GULBARGA
...APPELLANTS
(BY SRI S.S.SAJJANSHETTY, ADVOCATE)
And:
1. THE SPECIAL ACQUISITION OFFICER,
M & MIP, ROOM NO.7, VIDHAN SOUDHA,
GULBARGA-585101.
2. THE EXECUTIVE ENGINEER, MI DIVISION
AIWAN-E-SHAHI ROAD, GULBARGA-585101
...RESPONDENTS
(BY SRI. S.K.BABSHETTY, GOVT. PLEADER)
THIS MSA FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 12.04.2010 PASSED IN LACA NO.152/2009 ON THE FILE
OF THE III ADDL. DISTRICT JUDGE AT GULBARGA, WHEREIN
THE APPEAL WAS ALLOWED AND THE JUDGMENT AND AWARD
DATED 21.11.2002 PASSED IN LAC NO.684/1998 ON THE FILE
7
OF THE II ADDL. CIVIL JUDGE (SR.DN) AT GULBARGA WAS SET
ASIDE.
THESE MSAs COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
JUDGMENT
These appeals are arising out of common award passed by the III Addl. District Judge in LAC Appeal Nos.150, 151, 152, 153 of 2009 and 154 of 2009 dated 12.04.2010 and 13.04.2010.
2. The acquisition is of the year 1995. The Land Acquisition Officer passed the award on 28.02.1997 fixing the market value @ Rs.10,000/- per acre. Reference Court awarded Rs.33,700/- per acre and 40,500/- per acre, as against which, in the appeal preferred before the lower appellate court , the lower appellate Court while condoning the delay of 2526 days and 1775 days, awarded compensation of Rs.56,100/- per acre, as against this, the claimants are before this Court on the ground that the calculation made by the lower appellate Court and Reference 8 Court is based on one crop whereas two crops are being grown and also submitted that for the year 1997 notification, Rs.1,70,000/- and odd has been awarded by the Division Bench of this Court in MFA No.7081/2008 disposed of on 22.06.2011. Accordingly, deducting 5% depreciation sought for awarding compensation.
3. The learned Government Pleader submitted that compensation awarded by the lower appellate Court is just and proper, it does not require any enhancement. Accordingly, he has sought for dismissal of the appeals on the ground of delay as well as on merits.
4. The land is acquired for construction of water tank at Okaly village of Gulbarga taluka and district. Taking into consideration the notification is of the year 1995, in the absence of any cogent evidence being produced, the claimants would be awarded Rs.1,04,000/- per acre with additional benefits, cost and interest excluding the interest for delay 9 period which occurred before the lower appellate court and before this Court. Appeals are allowed in part.
Appeals are allowed in part.
Sd/-
JUDGE nsp