Karnataka High Court
Shri Hasanasab S/O Saidasab Kudawan vs The Assistant Commissioner on 31 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:10814
MSA No. 100129 of 2022
C/W MSA No. 100116 of 2022
MSA No. 100128 of 2022
MSA No. 100135 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS SECOND APPEAL NO. 100129 OF 2022
C/W
MISCELLANEOUS SECOND APPEAL NO. 100116 OF 2022
MISCELLANEOUS SECOND APPEAL NO. 100128 OF 2022
MISCELLANEOUS SECOND APPEAL NO. 100135 OF 2022
IN MSA NO.100129/2022
BETWEEN:
SHRI. KARIYAPPA S/O. NINGAPPA MANIHAL,
AGE: 59 YEARS, OCC: AGRICULTRAL,
R/O: SUNNAL - 591123.
TQ: RAMDURG, DIST: BELAGAVI.
...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR AND
SRI. P. V. SAMBARGI, ADVOCATES)
AND:
YASHAVANT 1. THE ASSISTANT COMMISSIONER,
NARAYANKAR BAILHONGAL AT: BAILHONGAL,
TQ: BAILHONGAL - 591102
Location: HIGH DIST: BELAGAVI.
COURT OF
KARNATAKA 2. THE DEPUTY COMMISSIONER, BELAGAVI,
AT: BELAGAVI
TQ & DIST: BELAGAVI - 590001.
3. THE TAHASILDAR RAMDURG, RAMDURG,
AT: RAMDURG - 591123
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 & R2)
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NC: 2024:KHC-D:10814
MSA No. 100129 of 2022
C/W MSA No. 100116 of 2022
MSA No. 100128 of 2022
MSA No. 100135 of 2022
THIS MSA IS FILED U/S 54(2) OF THE LAND ACQUISITION ACT
1894, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF
RS.3,66,000/- PER ACRE WITH ALL STATUTORY BENEFITS BY
MODIFYING THE JUDGMENT AND AWARD PASSED IN LAC NO.
117/2008 DTD 22.12.2009 PASSED BY THE CIVIL JUDGE (SR. DN)
RAMDURG AND LAC APPEAL NO.175/2019 DTD 10.08.2022 PASSED
BY THE XITH ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI IN THE INTEREST OF JUSTICE AND THIS APPEAL BE
ALLOWED WITH COSTS.
IN MSA NO.100116/2022
BETWEEN:
1. SHRI. KARIYAPPA S/O MUDAKAPPA MANIHAL,
AGE: 61 YEARS, OCC: AGRICULTRAL,
R/O: SUNNAL - 591123
TQ: RAMDURG, DIST: BELAGAVI DISTRICT.
2. SHRI. YALLAPPA S/O. MUDAKAPPA MANIHAL,
AGE: 58 YEARS, OCC: AGRICULTRAL,
R/O: SUNNAL - 591123
TQ: RAMDURG, DIST: BELAGAVI DISTRICT.
...APPELLANTS
(BY SRI. G.N. NARASAMMANAVAR AND
SRI. P. V. SAMBARGI, ADVOCATES)
AND:
1. THE ASSISTANT COMMISSIONER,
BAILHONGAL, AT: BAILHONGAL,
TQ: BAILHONGAL - 591102
DIST: BELAGAVI.
2. THE DEPUTY COMMISSIONER,
BELAGAVI AT: BELAGAVI,
-3-
NC: 2024:KHC-D:10814
MSA No. 100129 of 2022
C/W MSA No. 100116 of 2022
MSA No. 100128 of 2022
MSA No. 100135 of 2022
TQ & DIST: BELAGAVI - 590001.
3. THE TAHASILDAR RAMADRUG,
RAMDURG,
AT. RAMDURG - 591123
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3)
THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT,
1894, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF
RS.3,66,000/- PER ACRE WITH ALL STATUTORY BENEFITS BY
MODIFYING THE JUDGMENT AND AWARD PASSED IN LAC
NO.118/2019 DATED 22.12.2009 PASSED BY THE CIVIL JUDGE
(SR.DN), RAMDURG AND LAC APPEAL NO.176/2019 DATD
10.08.2022 PASSED BY THE XI ADDITIONAL DISTRICT & SESSIONS
JDUGE, BELAGAVI IN THE INTERST OF JUSTICE AND THIS APPEAL
BE ALLOWED WITH COSTS.
IN MSA NO.100128/2022
BETWEEN:
1. SHRI. HUSAINSAB S/O. SAIDUSAB MUDDAPUR
SINCE DECEASED BY HIS LRS
SMT. JAFFERBEE ALIAS JAPHARABI W/O. HUSAINSAB,
MUDDAPUR, AGE: 74 YEARS,
OCC: HOUSE HOLD, R/O: SUNNAL,
TAL: RAMDURG - 591123,
BELAGAVI DISTRICT.
2. SHRI. SAIYADASAB S/O. HUSENSAB MUDDAPUR,
AGE: 27 YEARS, OCC: STUDENT,
R/O: SUNNAL, TAL: RAMDURG-591123,
BELAGAVI DISTRICT.
...APPELLANTS
(BY SRI. G.N. NARASAMMANAVAR AND
SRI. P. V. SAMBARGI, ADVOCATES)
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NC: 2024:KHC-D:10814
MSA No. 100129 of 2022
C/W MSA No. 100116 of 2022
MSA No. 100128 of 2022
MSA No. 100135 of 2022
AND:
1. THE ASSISTANT COMMISSIONER,
BAILHONGAL, AT: BAILHONGAL,
TQ: BAILHONGAL - 591102
DIST: BELAGAVI.
2. THE DEPUTY COMMISSIONER,
BELAGAVI AT: BELAGAVI,
TQ AND DIST: BELAGAVI - 590001
3. THE TAHASILDAR RAMDURG,
RAMDURG, AT: RAMDURG - 591123.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3)
THIS MSA IS FILED U/S 54(2) OF THE LAND ACQUISITION ACT
1894, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF
RS.3,66,000/- PER ACRE WITH ALL STATUTORY BENEFITS BY
MODIFYING THE JUDGMENT AND AWARD PASSED IN LAC
NO.120/2008 DTD 22.12.2009 PASSED BY THE CIVIL JUDGE (SR.
DN) RAMDURG AND LAC APPEAL NO.178/2019 DTD 10.08.2022
PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI IN THE INTEREST OF JUSTICE AND THIS APPEAL BE
ALLOWED WITH COSTS.
IN MSA NO.100135/2022
BETWEEN:
SHRI. HASANASAB S/O. SAIDASAB KUDAWAN,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: SUNNAL, TAL: RAMDURG - 591123
BELAGAVI DISTRICT.
...APPELLANTS
(BY SRI. G.N. NARASAMMANAVAR AND
SRI. P. V. SAMBARGI, ADVOCATES)
-5-
NC: 2024:KHC-D:10814
MSA No. 100129 of 2022
C/W MSA No. 100116 of 2022
MSA No. 100128 of 2022
MSA No. 100135 of 2022
AND:
1. THE ASSISTANT COMMISSIONER,
BAILHONGAL, AT: BAILHONGAL,
TQ: BAILHONGAL - 591102
DIST: BELAGAVI.
2. THE DEPUTY COMMISSIONER,
BELAGAVI, AT BELAGAVI,
TQ AND DIST: BELAGAVI - 590001.
3. THE TAHASILDAR RAMDURG
RAMDURG, AT: RAMDURG - 591123.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3)
THIS MSA IS FILED U/S 54(2) IF LAND ACQUISITION ACT
1894, PRAYING TO ENHANCED THE MARKET VALUE AT THE RATE OF
RS.3,66,000/- PER ACRE WITH ALL STATUTORY BENEFITS BY
MODIFYING THE JUDGMENT AND AWARD PASSED IN LAC
NO.119/2008 DTD 22.12.2009 PASSED BY THE CIVIL JUDGE (SR DN)
RAMDURG AND LAC APPEAL NO.177/2019 DTD 10.08.22 PASSED BY
THE XITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI
IN THE INTEREST OF JUSTICE AND THIS APPEAL BE ALLOWED WITH
COSTS.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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NC: 2024:KHC-D:10814
MSA No. 100129 of 2022
C/W MSA No. 100116 of 2022
MSA No. 100128 of 2022
MSA No. 100135 of 2022
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR) These appeals are filed by appellants -claimant under Section 54 (2) of the Land Acquisition Act, 1894 (hereinafter referred as to 'L.A. Act' for brevity) for enhancement of the market value at the rate of Rs.3,66,000/- per acre with all statutory benefits by modifying the judgment and award passed by the Reference Court and also by the Appellate Court.
2. Appellants are owners of the agricultural land situated at Sunnal village of Ramdurga Taluk. Respondents have acquired the land of appellants for the purpose of rehabilitation of Sunnal village. Respondents have published preliminary notification under Section 4(1) of the L.A. Act on 18.01.2007 and awarded an amount of Rs.62,000/- per acre on 17.07.2008. Being aggrieved by award passed, appellants have filed reference application under Section 18 of the L.A. Act and same referred to the Civil Court (for short 'reference court'). The Reference -7- NC: 2024:KHC-D:10814 MSA No. 100129 of 2022 C/W MSA No. 100116 of 2022 MSA No. 100128 of 2022 MSA No. 100135 of 2022 Court fixed the market value of acquired land in a sum of Rs.2,60,000/- per acre. Appellants having not satisfied with award amount approached the Appellate Court. The Appellate Court has enhanced the market value and fixed the market value at Rs.3,00,000/- per acre. Appellants - claimants not satisfied with the market value fixed by the Appellate Court are before this Court.
3. Heard learned counsel for appellants -claimants and learned High Court Government Pleader for respondents.
4. Learned counsel for appellants -claimants would contend that the Reference Court in para No.16 of the judgment considered the yield per acre referring the yield certificate -Ex.P17 has calculated the market value in sum of Rs.3,66,000/- but by referring the judgment and award passed in LAC No.44/2008 and connected cases has fixed the market value at Rs.2,60,000/- per acre. There was no reasons for the Reference Court to fix the market value for acquired land in a sum Rs.2,60,000/-instead of -8- NC: 2024:KHC-D:10814 MSA No. 100129 of 2022 C/W MSA No. 100116 of 2022 MSA No. 100128 of 2022 MSA No. 100135 of 2022 Rs.3,66,000/- per acre. He contends that the Appellate Court even taken into consideration of the yield certificate
-Ex.P17 but has not calculated the market value based on that yield certificate and simply came to the conclusion that market value is Rs.3,00,000/- per acre. Based on reasons stated in para No.16 of the judgment of the Reference Court, appellants are entitled for compensation of Rs.3,66,000/- per acre for the acquired land. With this, he prayed to allow appeals.
5. Learned High Court Government Pleader would contend that the Reference Court considering the judgment and award passed in LAC No.44/2008 and connected cases has rightly calculated the market value for acquired land at Rs.2,60,000/- per acre. The Appellate Court even though has fixed the market value at Rs.3,00,000/- per acre but has not assigned sufficient reasons stating that appellants have not produced latest yield certificate and land under cultivation was irrigated -9- NC: 2024:KHC-D:10814 MSA No. 100129 of 2022 C/W MSA No. 100116 of 2022 MSA No. 100128 of 2022 MSA No. 100135 of 2022 land. On these grounds, she prays for dismissal of appeals.
6. Having heard learned counsels, this Court has perused the impugned judgments and materials placed on record.
7. The Reference Court in para No.16 of the judgment passed in LAC No.117/2008 has calculated the market value for acquired land as per capitalization method which reads thus:
16. In the yield certificate issued by the Agriculture officer Ex-p 17 it is mentioned that 40 ton of sugarcane will be grown per acre of land. It appears to be on the higher side. The average yield per acre is taken as 30 ton. In the recovery certificate it is mentioned that 110 kg of joggery will be prepared from one ton ofsugarcane. It is taken that 100 kg joggery will be prepared from one ton of sugarcane.
The price of the joggery for the relevant year 2006 & 2007 is Rs.2440-00 per quintal. If the amount fo Rs.2440-00 is multiplied by 30 it will be Rs.73,200-00. Out of this 50% of the amount is to be deducted in respect of cost of cultivation. Remaining amount will be Rs.36,600/- if this amount is multiplied by 10 it will be Rs. 3,66,000/- . It will be the market value of the acquired lands per acre as per capitalization method in view of the decision of
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NC: 2024:KHC-D:10814 MSA No. 100129 of 2022 C/W MSA No. 100116 of 2022 MSA No. 100128 of 2022 MSA No. 100135 of 2022 Hon'ble Supreme Court reported in AIR 1984 S.C. 774 Special Land Acquisition Officer Davangere vs P. Veerabhadrappa and others.
8. Even though the Reference Court has came to the conclusion as per capitalization method, the market value for the acquired land will be Rs.3,66,000/- per acre instead of giving that benefit to the claimants has considered the market value fixed in LAC No.44/2008 and connected matters. What is basis of market value fixed in LAC No.44/2008 and connected matters are not enumerated by the Reference Court. Only on the ground that lands acquired are situated near the Sunnal village has relied on the said judgment and award passed in LAC No.44/2008. The Reference Court ought to have adopted the capitalization method which it has considered in para No.16 of the judgment which is beneficial to claimants. Therefore, the Reference Court and the Appellate Court have erred in fixing the market value of the acquired lands at Rs.2,60,000/- and Rs.3,00,000/- per acre respectively. Considering the above aspects, the market value of the
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NC: 2024:KHC-D:10814 MSA No. 100129 of 2022 C/W MSA No. 100116 of 2022 MSA No. 100128 of 2022 MSA No. 100135 of 2022 acquired land is fixed at Rs.3,66,000/- per acre as per capitalization method in view of the decision of the Hon'ble Apex Court in the case of Special Land Acquisition Officer, Davanagere Vs P. Veerbhadrappa and Others1 .
9. In view of the above, the following ORDER
i) Appeals are allowed in part with cost.
ii) Judgment and award passed in LAC No.117/2008 dated 22.12.2009 and LAC Appeal No.175/2019 dated 10.08.2022 are modified and market value of the acquired land fixed at Rs.3,66,000/- per acre with all statutory benefits.
iii) Registry is directed to draw decree accordingly.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 34 1 AIR 1984 SC 774