Ashabee W/O Abdulla Sab vs The Chief Engineer on 20 March, 2017

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Karnataka High Court

Ashabee W/O Abdulla Sab vs The Chief Engineer on 20 March, 2017

Bench: Rathnakala

                            1




           IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

        DATED THIS THE 20TH DAY OF MARCH, 2017

                         BEFORE

         THE HON'BLE MRS. JUSTICE RATHNAKALA


              MSA.NO.200033/2015 (LAC)

BETWEEN:

ASHABEE WIFE OF ABDULLA SAB
AGE : 65 YEARS,
OCC : AGRICULTURE
R/O YELMAMADI VILLAGE,
TQ: CHINCHOLI DIST: KALBURAGI.

                                            ......APPELLANT
(BY SRI.A.M.BIRADAR, ADV)

AND:

1.     THE CHIEF ENGINEER,
       KNNL, IPC ZONE, KALABURAGI-585102.

2.     THE EXECUTIVE ENGINEER,
       KNNL, LMP DIVISION NO.3, SULEPETH,
       TQ. CHINCHOLI, DIST. KALABURAGI-585102.

3.     THE SPL.LAND ACQUISITION OFFICER
       M & MIP, KALABURAGI-585102.

4.     THE DEPUTY COMMISSIONER,
       KALABURGI 585102.
                                          ... RESPONDENTS
                                   2




(BY SRI.GOURISH.S.KHASHAMPUR ADV, FOR R1 & R2;
 SMT. ARCHANA P. TIWARI, AGA FOR R3 & 4,)

     THIS MSA IS FILED UNDER SETION 54(2) OF THE LAND
ACQUISITION ACT 1894, PRAYING TO ALLOW THE APPEAL
WITH COSTS AND THE IMPUGNED JUDGMENT AND AWARD
DATED 16.03.2015 PASSED BY THE IV ADDL. DISTRICT &
SESSIONS JUDGE, KALABURAGI IN LACA NO.76/2014 TO BE
MODIFIED BY ENHANCING THE AMOUNT OF COMPENSATION
AT RS.3,10,732/- PER ACRE WITH ALL STATUTORY BENEFITS
AND WITH PROPORTIONATE COSTS.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

The appellant is the owner of land sy.no.101/5 measuring 24-guntas of village Yelmamadi, Tq.Chincholi, Dist.Gulbarga. The said land was acquired for construction of Lower Mullamari Project. Preliminary notification under Section 4(1) of the Land Acquisition Act ( for short 'Act' ) was published in the official gazette on 21.2.2008. The SLAO has passed the award and computed the compensation by determining the market value of the acquired land at Rs.60,000/- per acre in respect of the dry land.

2. On the motion of the appellant/land owner, the matter was referred under Section 18(1) of the Act to the concerned Civil Court. After enquiry, referral Court enhanced the compensation at the rate of Rs.1,66,000/- per acre in respect of dry land with all statutory benefits. In appeal, the Lower Appellate Court re-determined the market value at Rs.2,65,000/- per acre with all statutory benefits.

3. In M.F.A.No.201198/2015 (LAC), the Division Bench of this Court, in respect of the same preliminary notification of 21.02.2008 pertaining to the very same village, acquired for the same purpose enhanced the compensation at the rate of Rs.4,48,200/- per acre in respect of the wet land. Generally the value of the wet land is one and half times, the value of the dry land. Thus the compensation works out at Rs.2,99,160/- per acre for dry land that would be appropriate relief for the appellant in this appeal.

Accordingly, the appeal is allowed. The Judgment of the Lower Appellate Court is modified by holding that the appellants are entitled for the compensation, on the market value of the land acquired at the rate of Rs.2,99,160/- per acre with costs, interest and statutory benefits.

The appellant is not entitled to interest for the delayed period.

Sd/-

JUDGE SGS

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