Karnataka High Court
Paramanand S/O Nagappa Yenagi vs The Special Land Acquisition Officer on 27 November, 2020
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 27TH day of November 2020
Before
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
MSA No.100159/2020 (LA)
BETWEEN
PARAMANAND S/O NAGAPPA YENAGI
AGE: 75 YEARS, OCC AGRI, R/O KORAVIKOPPA,
TQ BAILHONGAL, DIST BELAGAVI-591102.
...APPELLANT
(By SRI. K H BAGI, ADV.)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
MALAPRABHA PROJECT DHARWAD,
NOW AT SECTOR 60, ROAD NO.10,
NAVANAGAR, BAGALKOT-587102
2. KARNATAKA NEERAVARI NIGAM LTD
THROUGH ITS EXECUTIVE ENGINEER,
MLBCC DIV NO.2, NAVILTHIRTH-591116,
TQ SAUNDATTI, DIST BELAGAVI.
....RESPONDENTS
(By SRI.M.B.KANAVI, ADV. FOR R2;
SRI.R.RAVINDRA NAIK, HCGP FOR R1)
MSA IS FILED UNDER SECTION 54(2) OF LA ACT,
AGAINST THE JUDGMENT AND AWARD DATED
2
21.07.2016 PASSED IN LACA NO.43/2016 ON THE FILE
OF THE XI ADDL. DISTRICT AND SESSIONS JUDGE,
BELAGAVI, DISMISSING THE APPEAL FILED AGAINST
THE JUDGMENT AND AWARD DATED 09.04.2013,
PASSED IN LAC NO.196/2012 ON THE FILE OF THE
SENIOR CIVIL JUDGE BAILHONGAL, PARTLY ALLOWING
THE PETITION FILED UNDER SECTION 18(1) OF LA ACT.
THIS MSA COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed against the judgment and award dated 21.07.2016 passed by the XI Addl. District and Sessions Judge, Belagavi in LAC Appeal No.43/2016 and also the judgment and award dated 09.04.2013 passed by the Senior Civil Judge, Bailhongal in LAC No.196/2012.
2. The land bearing Sy.No.20/5B measuring 6 guntas and Sy.No.20/5A/4 measuring 10 guntas both situated at Koravikoppa village in Bailhongal taluk was acquired by issuing a preliminary notification dated 3 11.06.2009 under Section 4(1) of the Land Acquisition Act. The SLAO fixed the market value of the land in question at Rs.40,000/- per acre. Dissatisfied with the quantum of compensation awarded by the SLAO, the claimant filed reference petition under Section 18(1) of the Land Acquisition Act for enhancement of compensation.
3. The reference Court fixed the market value at Rs.3,30,000/- per acre. Being dissatisfied with the quantum of compensation awarded by the reference Court, claimant filed an appeal under Section 54(1) of the Land Acquisition Act.
4. The district Court confirmed the order passed by the reference Court fixing the market value of the land in question at Rs.3,30,000/- per acre. The claimant is in appeal seeking for enhancement of compensation.
5. The learned counsel for the appellant/claimant submits that the Coordinate Bench 4 of this Court in MFA No.100856/2015 fixed the market value in respect of land situated at Koravikoppa village, Baihongal taluk which was acquired under the very same notification dated 11.06.2009 and for the purpose of Malaprabha Reservoir project at Rs.5,08,000/- per acre with all statutory benefits and costs. Hence, he submits that the market value of the land in question may be fixed at Rs.5,08,000/- per acre.
6. Learned counsel appearing for the respondents does not dispute that this Court in the aforesaid appeal has fixed the market value of the land at Rs.5,08,000/- per acre.
7. Having regard to the submissions made by the learned counsel for the parties and also after perusing the material on record, the market value of the land in question also requires to be fixed at Rs.5,08,000/- per acre on par with the market value fixed by the Coordinate Bench of this Court in MFA No.100856/2015. In view of the same, the market 5 value of the land in question is fixed at Rs.5,08,000/- per acre.
Accordingly, the appeal is allowed in part. The judgment and award passed by the reference Court is modified. The claimant is entitled to market value of Rs.5,08,000/- per acre with all statutory benefit, interest and costs.
However, the appellant is not entitled for interest for the delayed period, if any, in filing the appeal.
Deficit Court fee, if any, to be made good at the time of drawing up of the award.
Liberty is reserved with the appellant to file an application before the concerned Land Acquisition Officer seeking for damages, if any, for the period between submergence of the land in question till the date of issuance of notification under Section 4(1) of the Land Acquisition Act. If any such application is filed, the same to be considered and appropriate orders to be passed in accordance with law within a period of 6 6 months from the date of submission of such application.
Sd/-
JUDGE KGK