Karnataka High Court
The Union Of India vs Gopal Rao And Anr on 18 December, 2021
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
MSA No.200041/2017
C/W
MSA No.200056/2016
MSA No.200057/2016
MSA No.200058/2016
MSA No.200092/2016
MSA No.200042/2017
MSA No.200043/2017
MSA No.200044/2017
MSA No.200045/2017
&
MSA No.200046/2017
MSA No.200041/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO. 1,
SOUTH CENTRAL RAILWAY,
SECUNDERABAD.
REPRESENTED BY ASSISTANT ENGINEER
CONSTRUCTION-II SOUTH CENTRAL RAILWAY
GULBARGA.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
2
AND
1. SUMITRABAI @ SUNITABAI
W/O KASHINATH, AGED : 54 YEARS,
OCC: AGRICULTURE & HOUSEHOLD,
R/O KANAJI, TQ: BHALKI,
DIST BIDAR-584101.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT,
BIDAR-584101.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.28/2013 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI AND ALSO
IN LAC NO.40/2009 ONTHE FILE OF SENIOR CIVIL JUDGE
BHALKI AND ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 22.08.2014 PASSED BY
LEARNED ADDL. DISTRICT & SESSIONS JUDGE BIDAR
SITTING AT BHALKI IN M.A.NO.28/2013 AND CONFIRM
THE JUDGMENT AND AWARD DATED 29.06.2013 PASSED
BY LEARNED SENIOR CIVIL JDUGE BHALKI, IN LAC
NO.40/2019.
MSA No.200056/2016
BETWEEN
GOPALRAO S/O BHEEMRAO KULKARNI
AGE: 68, OCC: AGRICULTURE,
R/O:KANJI, TQ:BHALKI,
DIST:BIDAR.
...APPELLANT
(BY SRI H.R.MALIPATIL, ADVOCATE)
3
AND
1. THE SPECIAL LAND ACQUISITION
OFFICER RAILWAY, BIDAR-585401.
2. THE DEPUTY CHIEF ENGINEER
CONSTRUCTION NO.1
SOUGH CENTRAL, RAILWAY
SECUNDRABAD-71 (A.P).
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
JUDGMENT AND AWARD OF HTE SENIOR CIVIL JUDGE
BHALKI, DATED 14.12.2012 IN LAC NO.60/2008, AND
ALSO THE JUDGEMENT & AWARD OF ADDL. DISTRICT AND
SESSIONS JUDGE, BIDAR, DATED 22.08.2014 IN MA NO.3
OF 2013, AND FIX THE MARKET VALUE FOR LAND
ACQUIRED AT THE RATE OF ` 2,87,100/- PER ACRE. AND
AWARD ALL STATUATORY BENEFITS, INCLUDING
INTEREST ON THE ENTIRE COMPESNATION AMOUNT.
MSA No.200057/2016
BETWEEN
GOPALRAO S/O BHEEMRAO KULKARNI
AGE: 68, OCC: AGRICULTURE,
R/O:KANJI, TQ:BHALKI,
DIST:BIDAR.
...APPELLANT
(BY SRI H.R.MALIPATIL, ADVOCATE)
4
AND
1. THE SPECIAL LAND ACQUISITION
OFFICER RAILWAY, BIDAR-585401.
2. THE DEPUTY CHIEF ENGINEER
CONSTRUCTION NO.1
SOUGH CENTRAL, RAILWAY
SECUNDRABAD-71 (A.P).
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
SENIOR CIVIL JUDGE BHALKI, DATED 29.06.2013 IN LAC
NO.38/2009, AND ALSO THE JUDGEMENT & AWARD OF
ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, DATED
22.08.2014 IN MA NO.25 OF 2013, AND FIX THE MARKET
VALUE FOR LAND ACQUIRED AT THE RATE OF ` 2,87,100/-
PER ACRE. AND AWARD ALL STATUATORY BENEFITS,
INCLUDING INTEREST ON THE ENTIRE COMPESNATION
AMOUNT.
MSA No.200058/2016
BETWEEN
CHANDRAKALA W/O GOPALRAO KULKARNI
AGE: 63, OCC: AGRICULTURE & HOUSEHOLD
R/O:KANJI, TQ:BHALKI, DIST:BIDAR.
...APPELLANT
(BY SRI HARSHAVARDHAN R.MALIPATIL, ADVOCATE)
5
AND
1. THE SPECIAL LAND ACQUISITION
OFFICER RAILWAY, BIDAR-585401.
2. THE DEPUTY CHIEF ENGINEER
CONSTRUCTION NO.1
SOUGH CENTRAL, RAILWAY
SECUNDRABAD-71 (A.P).
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
SENIOR CIVIL JUDGE BHALKI, DATED 14.12.2012 IN LAC
NO.59/2008, AND ALSO THE JUDGEMENT & AWARD OF
ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, DATED
22.08.2014 IN MA NO.4 OF 2013, AND FIX THE MARKET
VALUE FOR LAND ACQUIRED AT THE RATE OF ` 2,87,100/-
PER ACRE. AND AWARD ALL STATUATORY BENEFITS,
INCLUDING INTEREST ON THE ENTIRE COMPESNATION
AMOUNT.
MSA No.200092/2016
BETWEEN
CHANDRAKALA W/O GOPALRAO KULKARNI
AGE: 58, OCC: AGRICULTURE
R/O:KANAJI, TQ:BHALKI, DIST:BIDAR.
...APPELLANT
(BY SRI HARSHAVARDHAN R.MALIPATIL, ADVOCATE)
6
AND
1. THE SPECIAL LAND ACQUISITION
OFFICER KARANJA PROJECT BIDAR,
S.C.R BIDAR-585401.
2. THE DEPUTY CHIEF ENGINEER
CONSTRUCTION NO.1
SOUGH CENTRAL, RAILWAY
SECUNDRABAD-71 (A.P).
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1;
SRI. MANVENDRA REDDY, ADVOCATE FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE
SENIOR CIVIL JUDGE BHALKI, DATED 29.06.2013 IN LAC
NO.37/2009, AND ALSO THE JUDGEMENT & AWARD OF
ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, DATED
22.08.2014 IN MA NO.26 OF 2013, AND FIX THE MARKET
VALUE FOR LAND ACQUIRED AT THE RATE OF ` 2,87,100/-
PER ACRE. AND AWARD ALL STATUATORY BENEFITS,
INCLUDING INTEREST ON THE ENTIRE COMPESNATION
AMOUNT.
MSA No.200042/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO. 1,
SOUTH CENTRAL RAILWAY,
SECUNDERABAD.
REPRESENTED BY ASSISTANT ENGINEER
7
CONSTRUCTION-II SOUTH CENTRAL RAILWAY
GULBARGA.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
1. CHANDRAKALA W/O GOPALRAO
AGED : 59 YEARS,
OCC: AGRICULTURE & HOUSEHOLD,
R/O KANAJI, TQ: BHALKI,
DIST BIDAR-584101.
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR-584101.
...RESPONDENTS
(BY SRI.H.R.MALIPATIL, ADVOCATE FOR R1;
SMT. MAYA T.R., HCGP FOR R2)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.26/2013 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI AND ALSO
IN LAC NO.37/2009 ONTHE FILE OF SENIOR CIVIL JUDGE
BHALKI AND ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 22.08.2014 PASSED BY
LEARNED ADDL. DISTRICT & SESSIONS JUDGE BIDAR
SITTING AT BHALKI IN M.A.NO.26/2013 AND CONFIRM
THE JUDGMENT AND AWARD DATED 29.06.2013 PASSED
BY LEARNED SENIOR CIVIL JDUGE BHALKI, IN LAC
NO.37/2019.
8
MSA No.200043/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO. 1,
SOUTH CENTRAL RAILWAY,
SECUNDERABAD.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
VIJAYA KUMAR DIED BY LRS
1. VIDYA MANJULA W/O LATE VIJAYKUMAR,
AGED: YEARS, OCC: AGRICULTURE,
R/O KANAJI, TQ: BHALKI, DIST: BIDAR.
2. VINOD KUMAR S/O LATE TULJA
AGED: YEARS, OCC: AGRICULTURE,
BOTH R/O KANAJI, TQ: BHALKI
DIST: BIDAR.
3. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR-585101.
...RESPONDENTS
(BY SMT. MAYA T.R. HCGP FOR R3)
THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT PRAYING TO CALL FOR THE RECORDS IN
M.A.NO.27/2013 ON THE FILE OF ADDL. DISTRICT &
SESSIONS JUDGE, BIDAR SITTING AT BHALKI AND ALSO
9
IN LAC NO.163/2008 ONTHE FILE OF SENIOR CIVIL JUDGE
BHALKI AND ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 22.08.2014 PASSED BY
LEARNED ADDL. DISTRICT & SESSIONS JUDGE BIDAR
SITTING AT BHALKI IN M.A.NO.27/2013 AND CONFIRM
THE JUDGMENT AND AWARD DATED 29.06.2013 PASSED
BY LEARNED SENIOR CIVIL JDUGE BHALKI, IN LAC
NO.163/2008.
MSA No.200044/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO.1
SOUTH CENTRAL RAILWAY
SECUNDERABAD.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
1. SMT.CHANDRAKAL W/O GOPAL RAO
AGED: 64 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
R/O KANAJI, TQ: BHALKI, DIST: BIDAR
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR
...RESPONDENTS
(BY SRI H. R. MALIPATIL, ADVOCATE FOR R1;
SMT. MAYA T. R., HCGP FOR R2)
10
THIS MSA FILED UNDER SEC.54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGEMENT AND
AWARD DATED 22.08.2014 PASSED IN MA NO.4/2013 ON
THE FILE OF THE ADDL. DIST. AND SESSIONS JUDGE,
BIDAR, SITTING AT BHALKI WHEREIN ALLOWING THE
APPEAL AND FILED AGAINST THE JUDGEMENT AND
AWARD DATED 14.12.2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE BHALKI IN LAC NO.59/2008 PARTLY
ALLOWING THE REFERENCE APPLICATION FILED UNDER
SEC. 18(1) OF LAND ACQUISITION ACT.
MSA No.200045/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
1. GOPAL RAO S/O BHIMRAO
AGED: 69 YEARS, OCC: AGRICULTURE,
R/O KANAJI, TQ: BHALKI, DIST: BIDAR
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR
...RESPONDENTS
(BY SRI H. R. MALIPATIL, ADVOCATE FOR R1;
SRI MAYA T. R., HCGP FOR R2)
11
THIS MSA FILED UNDER SEC.54(2) OF LAND
ACQUISITION, AGAINST THE JUDGEMENT AND AWARD
DATED 22.08.2014 PASSED IN MA NO.3/2013 ON THE
FILE OF THE ADDL. DIST. AND SESSIONS JUDGE, BIDAR,
SITTING AT BHALKI WHEREIN ALLOWING THE APPEAL
AND FILED AGAINST THE JUDGEMENT AND AWARD DATED
14.12.2012 ON THE FILE OF THE SENIOR CIVIL JUDGE
BHALKI IN LAC NO.60/2008 PARTLY ALLOWING THE
REFERENCE APPLICATION FILED UNDER SEC. 18(1) OF
LAND ACQUISITION ACT.
MSA No.200046/2017
BETWEEN
THE UNION OF INDIA
THROUGH DEPUTY CHIEF ENGINEER
CONSTRUCTION DIVISION NO.1,
SOUTH CENTRAL RAILWAY
SECUNDERABAD.
...APPELLANT
(BY SRI MANVENDRA REDDY, ADVOCATE)
AND
1. GOPAL RAO S/O BHIMRAO
AGED: 64 YEARS, OCC: AGRICULTURE,
R/O KANAJI, TQ: BHALKI, DIST BIDAR
2. THE STATE OF KARNATAKA
THROUGH THE SPECIAL LAND
ACQUISITION OFFICER,
KARANJA PROJECT, BIDAR.
...RESPONDENTS
(BY SRI H. R. MALIPATIL, ADVOCATE FOR R1;
SMT. MAYA T. R., HCGP FOR R2)
12
THIS MSA FILED UNDER SEC.54(2) OF LAND
ACQUISITION ACT, AGAINST THE JUDGEMENT AND
AWARD DATED 22.08.2014 PASSED IN MA NO.25/2013
ON THE FILE OF THE ADDL. DIST. AND SESSIONS JUDGE,
BIDAR, SITTING AT BHALKI WHEREIN ALLOWING THE
APPEAL AND FILED AGAINST THE JUDGEMENT AND
AWARD DATED 29.06.2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE BHALKI IN LAC NO.38/2009 PARTLY
ALLOWING THE REFERENCE APPLICATION FILED UNDER
SEC. 18(1) OF LAND ACQUISITION ACT.
THESE APPEALS COMING ON FOR ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
Following appeals are filed under Section 54(2) of the Land Acquisition Act, (for short 'L. A. Act'). The appeals filed by the appellants - Union of India are in MSA No.200041/2017 arising out of M.A.No.28/2013, MSA No.200043/2017 arising out of M.A.No.27/2017, MSA No.200042/2017 arising out of M.A.No.26/2013, MSA No,.200044/2017 arising out of M.A.No.4/2013, MSA No.200045/2017 arising out of M.A.No.3/2013, MSA No.200046/2017 arising out of M.A.No.25/2013.
2. The appeals filed by the claimants are in MSA No.200056/2016 arising out M.A.No.3/2013, MSA 13 No.200057/2016 arising out of M.A.No.25/2013, MSA No.200058/2016 arising out of M.A.No.4/2013 and MSA No.200092/2016 arising out of M.A.No.26/2013.
3. The aforesaid appeals are in respect of the lands bearing Survey No.182/2B measuring 36 guntas, Survey No.139/1 measuring 5 guntas, Survey No.139/1 measuring 4 acres 12 guntas, Survey No.139/4 measuring 1 acre 5 guntas, Survey No.139/4 measuring 1 acre, Survey No.139 measuring 1 acre, Survey No.138/A measuring 1 acre 21 guntas, Survey No.139/4 measuring 1 acre 5 guntas, Survey No.139/1 measuring 8 guntas and Survey No.139/1 measuring 4 acres 12 guntas, all situated at Kanaji village, Bhalki taluka and Bidar district, which were proposed to be acquired for the purpose of formation of railway line from Bidar to Kalaburagi in terms of the notification under Section 4(1) of the L. A. Act published on 14.08.2003 and 22.04.2004 respectively. 14
4. This Court by its judgment and order dated 24.11.2021 passed MSA No.200260/2017 and other connected matters arising out of acquisition of properties situated in Chalkapur village, Bhalki taluka and Bidar district for the same purpose of formation of railway line from Bidar to Kalaburagi in terms of the notification published on 28.03.2003 issued under Section 4(1) of the L. A. Act, taking into consideration the judgment and order passed by the coordinate Bench of this Court passed in MFA No.30804/2013, in which the market value of the acquired property therein is maintained at `2,87,100/- per acre, disposed off the said miscellaneous second appeals.
5. The present batch of appeals as noted above arise out of notification issued under Section 4(1) of the L. A. Act dated 14.08.2003 and 22.04.2004 in respect of the lands situated at Kanaji village, Bhalki taluka and Bidar district, acquired for the same purpose. The acquired lands are situated in the same Taluka and district. Therefore, this Court for the reasons assigned in its 15 aforesaid judgment and order dated 24.11.2021 passed in MSA No.200260/2017 and connected matters, deems it appropriate to dispose off the present batch of appeals in the same terms.
6. Accordingly, appeals in MSA Nos.200057/2016 and 200092/2016 being subject matter of notification dated 14.08.2003, the market value is enhanced from Rs.1,24,400/- to Rs.2,87,100/- per acre.
7. However, as regards the appeals in MSA Nos.200056/2016 and 200058/2016 being subject matter of subsequent notification dated 24.04.2004, that is, after a period of one year from the previous notification (in respect of which market value is fixed at Rs.2,87,100/- per acre as stated above), this Court is of the considered view that an escalation of 8% per annum be added to the aforesaid value of Rs.2,87,100/- per acre. Thus, compensation in respect of the lands being subject matter of the notification dated 24.04.2004 is enhanced to 16 Rs.3,10,068/- per acre (Rs.2,87,100/- x 8%) instead of Rs.2,25,000/- per acre. Hence, the following:
ORDER A. The appeals filed by the appellants/claimants in MSA Nos.200057/2016 and 200092/2016 are partly allowed with costs. The appellants/claimants are held entitled for enhanced compensation of `2,87,100/- per acre with all statutory benefits. B. The appeals filed by the appellants/claimants in MSA Nos.200056/2016 and 200058/2016 are allowed in part with costs. The appellants/claimants are held entitled for enhanced compensation of `3,10,068/- per acre with all statutory benefits. C. The appellants/claimants are held entitled for interest at 12% per annum from the date of notification or from the date of acquisition of lands, whichever is earlier.
17
D. Consequently, the appeals filed by the
appellants - Union of India in
MSA Nos.200041/2017, 200042/2017,
200043/2017, 200044/2017, 200045/2017
and 200046/2017 are dismissed.
E. The appellants/claimants are directed to pay the differential Court fee. F. The amount in deposit, if any, be transmitted to the concerned Court.
Sd/-
JUDGE Srt