Karnataka High Court
Union Of India vs Kalyanappa And Ors on 15 September, 2020
Bench: Krishna S Dixit, P.N Desai
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF SEPTEMBER, 2020
PRESENT
THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR.JUSTICE P.N.DESAI
MFA No.200344/2017 C/w, MFA Crob No.200066/2017,
MFA No.200345/2017, MFA Crob No.200064/2017,
MFA No.200347/2017, MFA Crob No.200044/2018,
MFA No.200348/2017, MFA Crob No.200063/2017,
MFA No.200349/2017, MFA Crob No.200062/2017,
MFA No.201506/2017, MFA Crob No.200053/2018,
MFA No.201507/2017, MFA Crob No.200054/2018,
MFA No.201508/2017, MFA Crob No.200052/2018,
MFA No.201719/2018, MFA Crob No.200040/2019,
MFA No.201507/2018, MFA Crob No.200042/2019,
MFA No.201720/2018, MFA Crob No.200039/2019,
MFA No.201506/2018, MFA Crob No.200043/2019,
MFA No.201505/2018, MFA Crob No.200041/2019,
MFA No.201566/2017, MFA No.201122/2019,
MFA No.201123/2019, MFA No.201121/2019,
MFA No.201142/2019, MFA No.201129/2019,
MFA No.201128/2019,
MFA No.201141/2019 & MFA No.201126/2019
2
IN MFA No.200344/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Kalyanappa S/o Bhojaraj
Since deceased through LRs
1. Smt. Nirmala W/o Kalyanappa
2. Sri Ravindra S/o Kalyanappa
3. Sri Amaresh S/o Kalyanappa
4. Sri Sharanabasappa S/o Kalyanappa
All are Major, R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 103
2. The State of Karnataka
Through the Asst.
Commissioner and
S.L.A.O., Kalaburagi - 585 102
3. The Deputy Commissioner
Kalaburagi - 585 102
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1(R1-R4),
Smt. Archana P. Tiwari, AGA. for R2 and R3)
3
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated: 06.09.2016
passed by learned Prl. Senior Civil Judge, Gulbarga in
L.A.C.No.145/2011 and etc.
IN MFA Crob No.200066/2017:
Between:
Kalyanappa S/o Bhojaraj
Since deceased through LRs.
1. Nirmala W/o Kalyanappa
Age: Major, Occ: Agriculture
R/o Jafarabad, Tq. & Dist. Kalaburagi
2. Ravindra S/o Kalyanappa
Age: Major, Occ: Agriculture
R/o Jafarabad, Tq. & Dist. Kalaburagi
3. Amaresh S/o Kalyanappa
Age: Major, Occ: Agriculture
R/o Jafarabad, Tq. & Dist. Kalaburagi
4. Sharanabasappa S/o Kalyanappa
Age: Major, Occ: Agriculture
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 103
... Cross Objectors
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. The Union of India
Through Deputy Chief Engineer
4
Construction, South Central Railway
Secundrabad, (Andhra Pradesh)
2. The State of Karnataka
Through The Assistant Commissioner
And L.A.O., Kalaburagi - 585 102
3. The Deputy Commissioner
Mini Vidhan Soudha
Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Adv. for R1,
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl. Senior Civil Judge, Kalaburagi, dated:06.09.2016 in
L.A.C.No.145 of 2011 and fix Market Value for land acquired
at the rate of Rs.145/- per sq.ft., and award all statutory
benefits, including interest from the date of 4(1) Notification
on entire compensation amount.
IN MFA No.200345/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
... Appellant
(By Sri Manvendra Reddy, Advocate)
5
And:
1. Sri Gangadhar S/o Maharudrappa Patil
Age: Major, Occ: Agriculture
R/o Jafarabad - 585 104
2. The State of Karnataka
Through the Assistant Commissioner
and S.L.A.O., Kalaburagi - 585 102
3. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(Sri Harshavardhan R. Malipatil, Adv. for R1,
Smt. Archana P. Tiwari, AGA. for R2 and R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.347/2010 on the file of Prl. Senior Civil Judge,
Kalaburagi and allow the appeal by setting aside the
judgment and award dated: 29.08.2016 passed by learned
Prl. Senior Civil Judge, Gulbarga in L.A.C.No.347/2010.
IN MFA Crob No.200064/2017:
Between:
Sri Gangadhar S/o Maharudrappa Patil
Age: Major, Occ: Agriculture
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 104
... Cross Objector
(By Sri Harshavardhan R. Malipatil., Advocate)
6
And:
1. The Union of India
Through Deputy Chief Engineer
Construction, South Central Railway
Secundrabad, (Andhra Pradesh)
2. The State of Karnataka
Through the Assistant Commissioner
and L.A.O., Kalaburagi - 585 102
3. The Deputy Commissioner,
Mini Vidhan Soudha, Kalaburagi - 585 102
... Respondents
(By Sri Manvendra Reddy, Adv. for R1,
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl. Senior Civil Judge, Kalaburagi, dated:29.08.2016 in
L.A.C.No.347 of 2010 and fix Market Value for land acquired
at the rate of Rs.145/- per sq.ft., and award all statutory
benefits, including interest from the date of 4(1) notification
on entire compensation amount, and grant any other relief.
IN MFA No.200347/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
7
Railways, Secundrabad (Andhra Pradesh)
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Tipparoja S/o Ranoji
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 102
2. Sri Hiroroji S/o Ranoji
Age: Major, Occ: Agriculture
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 102.
3. The State of Karnataka
Through the Assistant Commissioner
and S.L.A.O., Kalaburagi - 585 102
4. The Deputy Commissioner,
Kalaburagi - 585 102
... Respondents
(Sri Harshavardhan R. Malipatil, Adv. for R1& R2
Smt. Archana P. Tiwari, AGA. for R3 and R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.348/2010 on the file of Prl. Senior Civil Judge,
Kalaburagi, allow the appeal by setting aside the judgment
and award dated:06.09.2016 passed by learned Prl. Senior
Civil Judge, Kalaburagi in L.A.C.No.348/2010 and etc.
8
IN MFA Crob No.200044/2018:
Between:
1. Sri Tipparoja S/o Ranoji
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi
2. Sri Hiroroji @ Hiroba S/o Ranoji
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi
... Cross Objectors
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. The Union of India
The Deputy Chief Engineer
South Central Railway
Nilaya Building
Secundrabad, (Andhra Pradesh) 500 003
2. The State of Karnataka
Through the Assistant Commissioner
and L.A.O., Kalaburagi - 585 101
3. The Deputy Commissioner,
Mini Vidhan Soudha, Kalaburagi - 585 101.
... Respondents
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl. Senior Civil Judge, Kalaburagi, dated:06.09.2016 in
L.A.C.No.348 of 2010 and fix market value for land acquired
9
at the rate of Rs.145/- per sq.ft., and award all statutory
benefits, including interest from the date of 4(1) notification
on entire compensation amount, and grant any other relief.
IN MFA No.200348/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Gopalrao S/o Baburao Mane
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 102.
2. Smt. Bharati W/o Gopalrao Mane
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 102.
3. The State of Karnataka
Through the Assistant Commissioner
and S.L.A.O., Kalaburagi - 585 102.
4. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(Sri Harshavardhan R. Malipatil, Adv. for R1 & R2
Smt. Archana P. Tiwari, AGA. for R3 and R4)
10
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.354/2010 on the file of Prl. Senior Civil Judge,
Kalaburagi, allow the appeal by setting aside the judgment
and award dated:29.08.2016 passed by learned Prl. Senior
Civil Judge, Kalaburagi in L.A.C.No.354/2010 and etc.
IN MFA Crob No.200063/2017
Between:
1. Sri Gopalrao S/o Baburao Mane
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 102.
2. Smt. Bharati W/o Gopalrao Mane
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 102.
... Cross Objectors
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
2. The State of Karnataka
Through the Assistant Commissioner
and L.A.O., Kalaburagi - 585 102.
3. The Deputy Commissioner, Kalaburagi,
Mini Vidhan Soudha,
11
Kalaburagi - 585 102.
... Respondents
(Sri Manvendra Reddy, Adv. for R1
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl. Senior Civil Judge, Kalaburagi, dated:29.08.2016 in
L.A.C.No.354 of 2010 and fix Market Value for land acquired
at the rate of Rs.145/- per sq.ft., and award all statutory
benefits, including interest from the date of 4(1) notification
on entire compensation amount, and grant any other relief.
IN MFA No.200349/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Khajapasha S/o Mohd. Mainuddin
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 104.
2. Sri Basiroddin S/o Najiroddin Mainuddin
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 104.
12
3. The State of Karnataka
Through the Assistant Commissioner
and S.L.A.O., Kalaburagi - 585 102.
4. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(Sri Harshavardhan R. Malipatil, Adv. for R1
R2 is served
Smt. Archana P. Tiwari, AGA. for R3 and R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.355/2010 on the file of Prl. Senior Civil Judge,
Kalaburagi, allow the appeal by setting aside the judgment
and award dated:29.08.2016 passed by learned Prl. Senior
Civil Judge, Kalaburagi in L.A.C.No.355/2010 and etc.
IN MFA Crob No.200062/2017:
Between:
1. Sri Khajapasha S/o Mohd. Mainuddin
Age: Major, Occ: Agriculture,
R/o Jafarabad, Tq. & Dist. Kalaburagi - 585 104.
2. Sri Basiroddin S/o Najiroddin
Deceased by LRS
2a) Samuiuddin Baag S/o Late Basiroddin
Age: 45 Years, Occ: Agri.
R/o H.No.11-1220/A,
Opp: MSK Mills, Haji Yousuf Compound
Kalaburagi-585 102
2b) Rafiuddin Baag S/o Late Basiroddin
13
Age: 40 Years, Occ: Agri.
R/o H.No.11-1220/A,
Opp: MSK Mills, Haji Yousuf Compound
Kalaburagi-585 102
2c) Shafiuddin Baag S/o Late Basiroddin
Age: 35 Years, Occ: Agri.
R/o H.No.11-1220/A,
Opp: MSK Mills, Haji Yousuf Compound
Kalaburagi-585 102
2d) Fasiuddin Baag S/o Late Basiroddin
Age: 30 Years, Occ: Agri.
R/o H.No.11-1220/A,
Opp: MSK Mills, Haji Yousuf Compound
Kalaburagi-585 102
2e) Moinuddin Baag S/o Late Basiroddin
Age: 26 Years, Occ: Agri.
R/o H.No.11-1220/A,
Opp: MSK Mills, Haji Yousuf Compound
Kalaburagi-585 102
... Cross Objectors
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
Construction, South Central
Railway, Secundrabad (Andhra Pradesh)
2. The State of Karnataka
Through the Assistant Commissioner
and L.A.O., Kalaburagi - 585 102.
14
3. The Deputy Commissioner, Kalaburagi,
Mini Vidhan Soudha,
... Respondents
(By Sri Manvendra Reddy, Adv. for R1
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl. Senior Civil Judge, Kalaburagi, dated:29.08.2016 in
L.A.C.No.355 of 2010 and fix Market Value for land acquired
at the rate of Rs.145/- per sq.ft., and award all statutory
benefits, including interest from the date of 4(1) notification
on entire compensation amount, and grant any other relief.
IN MFA No.201506/2017
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Babayya Pirayya Kalal
Since Deceased through L.R.s
a. Sri Chandrayya S/o Late Babayya
15
b. Sri Sardarayya S/o Late Babayya
c. Sri Nagaraj @ Raju S/o Late Babayya
Since deceased by his L.R.
Smt. Jagadevi W/o Late Nagaraj @ Raju
All are R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 103
2. The State of Karnataka
Through the Assistant Commissioner
and S.L.A.O., Kalaburagi - 585 102.
3. The Deputy Commissioner
Kalaburagi - 585 102
... Respondents
(Sri Harshavardhan R. Malipatil, Adv. for R1 (A to C)
Smt. Archana P. Tiwari, AGA. for R2 and R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.351/2010 on the file of Prl. Senior Civil Judge,
Kalaburagi, allow the appeal by setting aside the judgment
and award dated: 20.09.2016 passed by learned Prl. Senior
Civil Judge, Kalaburagi in L.A.C.No.351/2010 and etc.
IN MFA Crob No.200053/2018:
Between:
Babayya S/o Pirayya Kalal
Since Deceased through L.R.s
a. Chandrayya S/o Late Babayya
16
Age: Major, Occ: Agriculture,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
b. Sardarayya S/o Late Babayya
Age: Major, Occ: Agriculture,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
c. Nagaraj @ Raju S/o Late Babayya
Deceased by LRs:
Smt.Jagadevi W/o Late Nagaraj @ Raju
Age: Major, Occ: Household,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
... Cross Objectors
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh) - 500 003
2. The State of Karnataka
Through the Assistant Commissioner
and L.A.O., Kalaburagi - 585 102.
3. The Deputy Commissioner,
Mini Vidhan Soudha, Kalaburagi - 585 102
... Respondents
(Sri Manvendra Reddy, Adv. for R1)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
17
with costs and modify the judgment and award passed by
the Prl. Senior Civil Judge, Kalaburagi, dated:20.09.2016 in
L.A.C.No.351 of 2010 and fix market value at the rate of
from Rs.142/- per sq.ft., to Rs.145/- per sq.ft., and award
all statutory benefits, including interest from the date of
taking possession.
IN MFA No.201507/2017:
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Pundalik Bhimayya
Age: Major, Occ: Agriculture,
2. Sri Suryakant Kashiraya
Age: Major, Occ: Agriculture,
Both are R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 103.
3. The State of Karnataka
Through the Assistant Commissioner
and S.L.A.O., Kalaburagi - 585 102.
18
4. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(Sri Harshavardhan R. Malipatil, Adv. for R1,
Smt. Archana P. Tiwari, AGA. for R3 and R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.353/2010 on the file of Prl. Senior Civil Judge,
Kalaburagi, allow the appeal by setting aside the judgment
and award dated: 20.09.2016 passed by learned Prl. Senior
Civil Judge, Gulbarga in L.A.C.No.353/2010 and etc.
IN MFA Crob No.200054/2018:
Between:
Sri Pundalik Bhimayya
Age: Major, Occ: Agriculture,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
... Cross Objector
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh) - 500 025
2. The State of Karnataka
Through the Assistant Commissioner
and L.A.O., Kalaburagi - 585 102
19
3. The Deputy Commissioner
Kalaburagi - 585 102
4. Sri Suryakant Kashiraya
Age: Major, Occ: Agriculture
R/o Jafarabad Village
Tq. & Dist. Kalaburagi
... Respondents
(Sri Manvendra Reddy, Adv. for R1,
Sri A.S. Rawoor & Sri D.S. Malagi, Adv. for R4)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl. Civil Judge (Sr.Dn.) Kalaburagi, dated:20.09.2016 in
L.A.C.No.353 of 2010 and fix Market Value at the rate of
from Rs.142/- per sq.ft., to Rs.145/- per sq.ft., and award all
statutory benefits, including interest from the date of taking
possession.
IN MFA No.201508/2017
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
20
And:
1. Sri Dastagirsab Balesab
Age: Major, Occ: Agriculture,
2. Sri Rukmuddin Abbasali
Age: Major, Occ: Agriculture,
3. Sri Nabilal Dastagirsab
Age: Major, Occ: Agriculture,
All are R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 103.
4. The State of Karnataka
Through the Assistant Commissioner
and S.L.A.O., Kalaburagi - 585 102.
5. The Deputy Commissioner,
Kalaburagi - 585 102.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1,
Smt. Archana P. Tiwari, AGA. for R4 and R5)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.349/2010 on the file of Prl. Senior Civil Judge,
Kalaburagi, allow the appeal by setting aside the judgment
and award dated:20.09.2016 passed by learned Prl. Senior
Civil Judge, Gulbarga in L.A.C.No.349/2010 and etc.
21
IN MFA Crob No.200052/2018
Between:
Sri Dastagirsab Balesab
Age: Major, Occ: Agriculture,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
... Cross Objector
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
Construction, South Central
Railway, Secundrabad (Andhra Pradesh) - 500 003
2. The State of Karnataka
Through the Assistant Commissioner
and L.A.O., Kalaburagi - 585 102.
3. The Deputy Commissioner,
Mini Vidhan Soudha, Kalaburagi - 585 102.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1,
Smt. Archana P. Tiwari, AGA for R2 and R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl. Civil Judge (Sr.Dn.) Kalaburagi, dated:20.09.2016 in
22
L.A.C.No.349 of 2010 and fix Market Value at the rate of
from Rs.142/- per sq.ft., to Rs.145/- per sq.ft., and award all
statutory benefits, including interest from the date of taking
possession.
IN MFA No.201719/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railway, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Gangadhar S/o Maharudrappa Patil
Age: 61 years, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 104.
2. The State of Karnataka
Through the Assistant Commissioner
and Land Acquisition Officer,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Mini Vidhan Soudha, Gulbarga- 585 102.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1,
Smt. Archana P. Tiwari, AGA. for R2 and R3)
23
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.538/2012 on the file of I Additional Senior Civil
Judge, Kalaburagi, allow the appeal by setting aside the
judgment and award dated:16.09.2017 passed by learned I
Additional Senior Civil Judge, Gulbarga in
L.A.C.No.538/2012 and etc.
IN MFA Crob No.200040/2019
Between:
Sri Gangadhar S/o Maharudrappa Patil
Age:57 years, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi.
... Cross Objector
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. The Deputy Chief Engineer,
Construction, South Central Railway
Secundrabad - 500 003.
2. Office of the Assistant Commissioner,
& Land Acquisition Officer, Kalaburagi - 585 102.
3. The Deputy Commissioner,
Mini Vidhan Soudha,
Kalaburagi - 585 102.
... Respondents
24
(By Sri Manvendra Reddy, Adv. for R1,
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the I Additional Senior Civil Judge, Kalaburagi
dated:16.09.2017 in L.A.C.No.538 of 2012 and fix Market
Value at the rate of Rs.175/- per sq.ft., and award all
statutory benefits, including interest from the date of taking
possession.
IN MFA No.201507/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Rukmoddin S/o Balesab
Age: Major, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102
2. The State of Karnataka
Through the Assistant Commissioner
and Land Acquisition Officer,
25
Kalaburagi - 585 102
3. The Deputy Commissioner,
Mini Vidhan Soudha, Gulbarga- 585 102
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1,
Smt. Archana P. Tiwari, AGA. for R3 and R4)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.637/2012 on the file of Prl. Senior Civil Judge,
Kalaburagi, allow the appeal by setting aside the judgment
and award dated:02.12.2017 passed by learned Prl. Senior
Civil Judge, Gulbarga in L.A.C.No.637/2012 and etc.
IN MFA Crob No.200042/2019
Between:
Sri Rukmoddin S/o Balesab
Age: 55 years, Occ: Agriculture,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
... Cross Objector
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. The Union of India
Through Deputy Chief Engineer,
Construction, South Central Railway
Secundrabad (Andhra Pradesh) - 500 003.
26
2. The Office of the Assistant Commissioner,
& Land Acquisition Officer,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Mini Vidhan Soudha,
Kalaburagi - 585 102.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1,
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl. Senior Civil Judge, Kalaburagi dated:02.12.2017 in
L.A.C.No.637of 2012 and fix Market Value at the rate of
Rs.251/- per sq.ft., and award all statutory benefits,
including interest from the date of taking possession.
IN MFA No.201720/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
27
And:
1. Sri Babayya S/o Peerayya Kalal
Since Dead by LRs.,
a) Chandrayya S/o Late Babayya
Age: 54 years, Occ: Agriculture,
b) Sardarayya S/o Late Babayya
Age: 52 years, Occ: Agriculture,
c) Nagaraj @ Raju S/o Late Babayya
Since dead by his LR.
Smt. Jagadevi W/o Nagaraj @ Raju
Aged about 46 years,
Occ: Agriculture & Household
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 104
2. The State of Karnataka
Through the Assistant Commissioner
and Land Acquisition Officer,
Gulbarga - 585 102
3. The Deputy Commissioner,
Mini Vidhan Soudha, Gulbarga- 585 102
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1(A to C),
Smt. Archana P. Tiwari, AGA. for R2 and R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.535/2012 on the file of I Additional Senior Civil
Judge, Kalaburagi, allow the appeal by setting aside the
judgment and award dated:16.09.2017 passed by learned I
28
Additional Senior Civil Judge, Gulbarga in
L.A.C.No.535/2012 and etc.
IN MFA Crob No.200039/2019
Between:
Sri Babayya S/o Peerayya Kalal
Deceased by LRs.,
1. Chandrayya S/o Late Babayya
Age: 55 years, Occ: Agriculture,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
2. Sardarayya S/o Late Babayya
Age: 53 years, Occ: Agriculture,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
Nagaraj @ Raju
Decesed by LRs:
3. Smt. Jagadevi W/o Nagaraj @ Raju
Age: 47 years, Occ: Agriculture & H.H,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi.
... Cross Objectors
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. The Deputy Chief Engineer,
Construction, South Central Railway
Secundrabad - 500 003.
29
2. Office of the Assistant Commissioner,
& Land Acquisition Officer,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Mini Vidhan Soudha,
Kalaburagi - 585 101.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1,
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the I Additional Senior Civil Judge, Kalaburagi
dated:16.09.2017 in L.A.C.No.535 of 2012 and fix Market
Value at the rate of Rs.175/- per sq.ft., and award all
statutory benefits, including interest from the date of taking
possession.
IN MFA No.201506/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga
... Appellant
(By Sri Manvendra Reddy, Advocate)
30
And:
1. Sri Nabilal S/o Balesab
Age: Major, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
2. The State of Karnataka
Through the Assistant Commissioner
and Land Acquisition Officer,
Gulbarga - 585 102.
3. The Deputy Commissioner,
Mini Vidhan Soudha,
Gulbarga- 585 102
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1,
Smt. Archana P. Tiwari, AGA for R2 and R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.634/2012 on the file of Prl. Senior Civil Judge,
Kalaburagi and allow the appeal by setting aside the
judgment and award dated:02.12.2017 passed by learned
Prl. Senior Civil Judge, Gulbarga in L.A.C.No.634/2012.
IN MFA Crob No.200043/2019
Between:
Sri Nabilal S/o Balesab
Age: Major, Occ: Agriculture,
R/o Jafarabad Village,
Tq. & Dist. Kalaburagi - 585 102.
... Cross Objector
31
(By Sri Harshavardhan R. Malipatil., Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad
(Andhra Pradesh)-500 003.
2. The Office of the Assistant Commissioner,
& Land Acquisition Officer,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Kalaburagi - 585 101.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1,
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl Senior Civil Judge, Kalaburagi dated:02.12.2017 in
L.A.C.No.634 of 2012 and fix Market Value at the rate of
Rs.251/- per sq.ft., and award all statutory benefits,
including interest from the date of taking possession.
IN MFA No.201505/2018
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
32
Railways, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Sri Abbas S/o Balesab Since
Deceased through L.R.s
1. Sri Razeeya Begum W/o Late Abbasali
Age: 66 years,
2. Sri Abdul Hameed S/o Late Abbasali
Age: 30 years,
Both R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 103.
2. The State of Karnataka
Through the Assistant Commissioner
and Land Acquisition Officer,
Gulbarga - 585 103.
3. The Deputy Commissioner,
Mini Vidhan Soudha,
Gulbarga- 585 103.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for C/R1,
Smt. Archana P. Tiwari, AGA for R2 and R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to call for the records
in L.A.C.No.633/2012 on the file of Prl. Senior Civil Judge,
Kalaburagi and allow the appeal by setting aside the
33
judgment and award dated:02.12.2017 passed by learned
Prl. Senior Civil Judge, Gulbarga in L.A.C.No.633/2012.
IN MFA Crob No.200041/2019
Between:
Abbasa S/o Balesab (deceased) byLRs:
1. Razeeya Begum W/o Late Abbasali
Age: 68 years, Occu: Agriculture,
R/o Jafarabad village,
Tq. & Dist. Kalaburagi.
2. Abdul Hameed S/o Late Abbasali
Age: 32 years, Occu: Agriculture,
R/o Jafarabad village,
Tq. & Dist. Kalaburagi.
... Cross Objectors
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad
(Andhra Pradesh)-500 003.
2. The Office of the Assistant Commissioner,
& Land Acquisition Officer,
Kalaburagi - 585 102.
3. The Deputy Commissioner,
Kalaburagi - 585 101.
... Respondents
(By Sri Manvendra Reddy, Adv. for R1,
34
Smt. Archana P. Tiwari, AGA for R2 & R3)
This Miscellaneous First Appeal Cross objection is filed
under Order 41 Rule 22 of CPC, praying to allow this appeal
with costs and modify the judgment and award passed by
the Prl Senior Civil Judge, Kalaburagi dated:02.12.2017 in
L.A.C.No.633 of 2012 and fix Market Value at the rate of
Rs.251/- per sq.ft., and award all statutory benefits,
including interest from the date of taking possession.
IN MFA No.201566/2017
Between:
Union of India
Through Deputy Chief Engineer
Construction, South Central
Railways, Secundrabad (Andhra Pradesh)
Represented by Assistant Executive Engineer,
Construction S.C. Railways, Gulbarga.
... Appellant
(By Sri Manvendra Reddy, Advocate)
And:
1. Smt. Dhanushree W/o Gururaj
Age: Major, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 103.
2. The State of Karnataka
Through the Assistant Commissioner
and S.L.A.O., Kalaburagi - 585 102.
3. The Deputy Commissioner,
Kalaburagi - 585 102.
35
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. R1;
Smt. Archana P. Tiwari, AGA for R2 and R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:21.02.2017
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.632/2012.
IN MFA No.201122/2019
Between:
1. The Assistant Commissioner
& L.A.O., Gulbarga - 585 102.
2. The Deputy Commissioner,
Gulbarga - 585 102.
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Gangadhar S/o Maharudrappa Patil
Age: Major, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
2. The Deputy Chief Engineer
(S.C. Railway)., Railway Nilaya Building
Secundrabad (Andra Pradesh) - 500 003.
... Respondents
(By Sri Manvendra Reddy, Adv. for R2)
36
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:29.08.2016
passed by learned Prl. Senior Civil Judge, Gulbarga in
L.A.C.No.347/2010.
IN MFA No.201123/2019
Between:
1. The Assistant Commissioner
& L.A.O., Gulbarga - 585 102.
2. The Deputy Commissioner,
Mini Vidhan Soudha,
Gulbarga - 585 102.
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Gopalrao S/o Baburao Mane
Age: Major, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
2. Smt. Bharati W/o Gopalrao Mane
Age: Major, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
3. The Deputy Chief Engineer
(S.C. Railway)., Railway Nilaya Building
Secundrabad (Andra Pradesh) - 500 003.
... Respondents
(Sri Harshavardhan R. Malipatil, Adv. for R1,
37
R2 & R3 are served)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:29.08.2016
passed by learned Prl. Senior Civil Judge, Gulbarga in
L.A.C.No.354/2010.
IN MFA No.201121/2019
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 Khajapasha S/o Mohd. Mainuddin
Age: Major, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
2. Sri Basiroddin S/o Najiroddin
Age: Major, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
3. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya Building
Secundrabad (Andra Pradesh) - 500 003.
... Respondents
38
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:29.08.2016
passed by learned Prl. Senior Civil Judge, Gulbarga in
L.A.C.No.355/2010.
IN MFA No.201142/2019
Between:
1. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102.
2. The Deputy Commissioner,
Gulbarga - 585 102.
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Babayya S/o Peerayya Kalal
Since dead by LRs,
a) Chandrayya S/o late Babayya
Age about 56 years, Occ: Agriculture,
b) Sardarayya S/o late Babayya
Age about 54 years, Occ: Agriculture,
c) Nagaraj @ Raju S/o late Babayya
Since dead by his LR
Smt. Jagadevi W/o Nagaraj @ Raju
Age about 46 years, Occ: Agriculture
& Household
R/o Jafarabad,
39
Tq. & Dist. Kalaburagi - 585 102.
2. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya Building
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
(By Sri Harshavardhan R. Malipatil, Adv. for R1(c),
R1(a), R1(b) & R2 are served)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:16.09.2017
passed by learned I Additional Senior Civil Judge, Gulbarga
in L.A.C.No.535/2012.
IN MFA No.201129/2019
Between:
1. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102
2. The Deputy Commissioner,
Mini Vidhan Soudha,
Gulbarga - 585 102.
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Pundalik Bhimayya
Age: Major, Occ: Agriculture,
40
2. Sri Suryakanth Kashiraya
Age: Major, Occ: Agriculture,
Both R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
3. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya Building
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
(By Sri Manvendra Reddy, Adv. for R3)
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:20.09.2016
passed by learned Prl. Senior Civil Judge, Gulbarga in
L.A.C.No.353/2010.
IN MFA No.201128/2019
Between:
1. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102
2. The Deputy Commissioner,
Gulbarga - 585 102.
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Dastagirsab Balesab
Age: Major, Occ: Agriculture,
41
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
2. The Deputy Chief Engineer
(S.C. Railway)., Railway Nilaya Building
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:20.09.2016
passed by learned Prl. Senior Civil Judge, Gulbarga in
L.A.C.No.349/2010.
IN MFA No.201141/2019
Between:
1. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102
2. The Deputy Commissioner,
Gulbarga - 585 102.
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Gangadhar S/o Maharudrappa Patil
Age: 61 years, Occ: Agriculture,
R/o Jafarabad,
Tq. & Dist. Kalaburagi - 586 102
2. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya Building
42
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:16.09.2017
passed by learned I Additional Senior Civil Judge, Kalaburagi
in L.A.C.No.538/2012.
IN MFA No.201126/2019
Between:
1. The Land Acquisition Officer,
Of the Assistant Commissioner
Gulbarga - 585 102
2. The Deputy Commissioner,
Mini Vidhan Soudha,
Gulbarga - 585 102.
... Appellants
(By Smt. Archana P. Tiwari, AGA)
And:
1. Sri Babayya Pirayya Kalal
Since deceased through LRs.
a. Sri Chandrayya S/o Late Babayya
Age: Major,
b. Sri Sardarayya S/o Late Babayya
Age: Major,
c. Sri Nagaraj @ Raju S/o Late Babayya
Since deceased by his LR
43
Smt. Jagadevi W/o Late Nagaraj @ Raju
Age: major,
All are R/o Jafarabad,
Tq. & Dist. Kalaburagi - 585 102.
2. The Deputy Chief Engineer
(S.C. Railway), Railway Nilaya Building
Secundrabad (Andhra Pradesh) - 500 003.
... Respondents
This Miscellaneous First Appeal is filed under Section
54 (1) of Land Acquisition Act, praying to allow the appeal by
setting aside the judgment and award dated:20.09.2016
passed by learned Prl. Senior Civil Judge, Kalaburagi in
L.A.C.No.351/2010.
These appeals & cross objections coming on for
admission this day, Krishna S. Dixit J., delivered the
following:-
JUDGMENT
These Appeals & Cross Objections filed by the beneficiary of acquisition i.e. Railways, the SLAO and the land-losers call in question a set of judgments rendered by the Reference Courts whereby the compensation awarded by the Special Land Acquisition Officer has been enhanced; the Railways & the State 44 complain that the award of compensation is much on the higher side whereas, per contra, the land-losers grieve that the same is too much on the lower side.
2. In some of these matters there was short delay in laying the challenge; separate applications have been filed seeking condonation of delay by offering the explanation in a narrative affidavit; the explanation so offered is plausible; there is no much objection to these applications; even otherwise there is merit in these matters which deserve deeper consideration; if delay is not condoned, prejudice would be caused to the parties concerned and, if condoned it does not cause any disadvantage to the other side; therefore, these applications having been favoured, delay brooked in filing the appeals is condoned.
3. After service of notice, the respective opponents having entered appearance through their counsel, oppose the case of others; since common questions of 45 law & facts are involved, all these cases are taken up together for final disposal as suggested at the Bar.
4. Brief facts:
(a) The lands comprised in these cases are all situate at Jafarabad village of Gulbarga Revenue Taluka and that all they are included in the acquisition notifications dated 19.05.2005, 22.03.2007 &
05.08.2010, is not disputed; this acquisition is for the benefit of the Central Railways; the Land Acquisition Officer by the awards in question had fixed Rs.71,500/- per acre for the 2005 acquisition, Rs.1,07,500/- per acre for the 2007 acquisition & Rs.1,37,000/- for the 2010 acquisition.
(b) However, the learned Judges of the Reference Courts below have enhanced the compensation at Rs.142/Sft. for the 2005 acquisition, Rs.170/Sft. for the 2007 acquisition & Rs.249/Sft. for the 2010 acquisition 46 on the basis of the material placed on record by the rival parties.
(c) The beneficiary of acquisition namely the Railways and the State through the SLAO complain that the award of compensation being much on the higher side is unsustainable going by the evidentiary material on record; the land-losers on the contrary dispute the assertion of the Railways and seek for the enhancement of the compensation.
5. Having heard the learned counsel for the parties & having perused the appeal papers as also the papers made available from the TCR, at the Bar, we are inclined to downwardly revise the land price as under
and for the following reasons:
(a) There is no much dispute as to the location, extent & nature of these lands that are situate in the very same revenue village; similarly, there is also no 47 dispute that these lands are the subject of litigation by three separate notifications of 2005, 2007 & 2010.
(b) Although several grounds were urged on behalf of the rival parties, all they may not be much relevant for adjudication of the lis at hands in view of Apex Court judgment in the case of MAHADEV Vs. DEPUTY CHIEF ENGINEER in Civil Appeal No.7642/2019 disposed off on 26.09.2019 which puts an end to the claim and counter claim, once for all.
(c) In paragraph (b) of the operative portion of the judgment in the said Mahadev's Case, it has been observed as under:
"(b) In respect of lands coming from village Jafrabad, the appellants shall be entitled to compensation @ Rs.129.95 per sq.ft. as was awarded to other lands from the same village."
Therefore, the price fixed by the Apex Court at Rs.129.95/Sft. for the similar lands of the village for 48 2005 acquisition will constitute the base price for the lands in question subject to cumulative escalation for the years gone by at some reasonable percentage.
(d) The contention of the learned counsel for the land-losers that the Apex Court in a catena of decisions has granted escalation to the tune of 15% per year does not much impress us since even here a host of factors enter the fray of determination of value as rightly contended by the learned Panel Counsel & the AGA, and consequently this percentage of 15 cannot be taken as the thumb rule, regardless of the circumstances; keeping in view all the relevant factors, we fix the cumulative escalation value at 10% per year as the base price of the land.
(e) Learned counsel for the land-losers submits that because of the railway lines being laid, their lands have been bifurcated by severance and this adversely affects the marketability of the lands retained by them 49 and therefore, he submits that the same should be made good by awarding higher compensation at the rate of 10%; in support of his submission, he banks upon a judgment of a Co-ordinate Bench in MFA No.31998/2011 between Ashok vs. the SPL. LAO & connected matters disposed off on 08.02.2013; the learned Panel Counsel for the Railways vehemently opposes the same stating that what are the relevant factors need to be ascertained from the provisions of section 23 of the L.A.Act and that no fresh head of compensation can be judicially created.
(f) The Co-ordinate Bench in the said case has observed at pages 16 & 17 as under:
"... This canal though helpful to the public at large has certainly caused damage to these claimants. Section 23 of the Act deals with matters to be considered in determined compensation. It provides that in determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration fourthly, the damage (if any), sustained by the person interested, at the time of the Collector's taking 50 possession of the land, by reason of serving such land from the other land and also by reason of the acquisition injuriously affecting other properties, movable or immovable in any other manner. When a distributory canal is formed in these claimants' lands certainly cultivation of the lands cannot be made as before the formation of a canal. It thus acts as a hindrance particularly when the cost of cultivation has considerably increased. In fact, this distributory canal formed between NH13 and the lands, this acts as an obstruction to some other portion of the lands. Taking into consideration this aspect of the matter, we are of view that 5% of the amount of compensation has to be awarded towards compensation for the damage caused in the aforesaid lands..."
These observations support the case of land-losers for additional compensation; regard being had to all the relevant factors, we fix 3% of the basic land value by way of additional compensation.
(g) The learned counsel for the land-losers submits and we agree with the same that in MFA Crob.No.200054/2018, the name of an unconcerned person i.e. Mr. Suryakant who is arrayed as respondent No.4 inadvertently finds place in the impugned 51 judgment of the Reference Court; the said person has sworn to an affidavit that he has nothing to do with the land in question and therefore, his name may be deleted from the record of this case and of acquisition proceedings, yielding all the benefits of acquisition to the true land-losers; Mr. Manvendra Reddy and learned AGA Smt. Archana P. Tiwari do not have any objection to this proposal of the land-losers; in view of that, nothing is payable as compensation or otherwise to this gentleman in respect of the land in acquisition, his name continuing in the cause title of the case notwithstanding; however, if that person has any grievance, liberty is reserved to him to work out the remedy elsewhere in accordance with law.
In the above circumstances, all these cases are disposed off modifying the impugned Judgments & Awards by downwardly revising the market value at Rs.133.84/Sft. (rupees one hundred and thirty three 52 and eight four paise) only for the lands comprised in the acquisition of the 2005 notification, Rs.162/Sft. (rupees one hundred and sixty two) only for the lands comprised in the acquisition of the 2007 notification & Rs.216/Sft. (rupees two hundred and sixteen) only for the lands comprised in the acquisition of the 2010 notification; this exercise has been done with the Calculation Chart submitted at the Bar.
The interest payable shall be reckoned from the date of award or the date of taking over possession, whichever is earlier.
The beneficiary of acquisition namely the Central Railways shall deposit the differential of the amount with the jurisdictional Reference Courts within three months, failing which, the delay shall attract an additional interest at the rate of 2% per month, that may be recovered after payment to the land-losers, personally from the erring officials responsible for brooking the delay.
53
The Registry shall transmit the amount in deposit to the jurisdictional Reference Courts along with the TCR forthwith so that the same shall be disbursed as compensation immediately to the land-losers concerned.
All other pending applications pale into insignificance since main matters are disposed off on merits.
Costs made easy.
Sd/-
JUDGE Sd/-
JUDGE swk