Karnataka High Court
Guruputrappa Sangappa Angadi vs The Special Land Acquisition Officer on 19 November, 2020
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 19th day of November 2020
Before
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
M.F.A. No.103956 of 2017 (LAC)
Between
1. Guruputrappa Sangappa Angadi,
Age: 50 years, Occ: Agriculture,
R/o Hittanagi village, Tq: Saundatti,
Dist: Belagavi.
2. Mallikarjun, S/o Sangappa Angadi,
Age: 48 years, Occ: Agriculture,
R/o Hittanagi village, Tq: Saundatti,
Dist: Belagavi. ...Appellants
(By Sri. Lingaraj Maradi, Advocate)
And
1. The Special Land Acquisition
Officer, M.P.III-Dharwad.
2. The Executive Engineer,
KNNL, Naviluteerth No.2,
Dam site, Saundati. ...Respondents
(By Sri. R. Ravindra Naik, HCGP for R1
Sri. Basavarj Byakod, Advocate for Sri. Ramesh
N.Misale, Advocate for R2)
2
This MFA is filed under Section 54(1) of the Land
Acquisition Act against the judgment and award dated
02.06.2012 passed in LAC No.389/2011 on the file of
the Principal Senior Civil Judge, Saundatti, partly
allowing the reference petition under Section 18(1) of
the Land Acquisition Act.
This MFA coming on for Orders this day, the Court
delivered the following:
JUDGMENT
This appeal is filed against the judgment and award dated 02.06.2012 passed by the Principal Senior Civil Judge, Saundatti, in LAC No.389 of 2011.
2. Land belonging to the appellants, bearing R.S.No.154 situated in Hittanagi village of Saundatti Taluk, measuring 1 acre 6 guntas was acquired for the purpose of Malaprabha Project by issuing a preliminary notification dated 05.08.2010 issued under Section 4(1) of the Land Acquisition Act (for short, 'the Act'). The Special Land Acquisition Officer fixed the market value of the land in question at Rs.42,308/- per acre. The 3 appellants filed a petition under Section 18(1) of the Act for enhancement of the compensation.
3. The Reference Court fixed the market value of the land in question at Rs.1,80,000/- per acre with all statutory benefits and interest. Being aggrieved by the same, the claimants have filed this appeal seeking for enhancement of the compensation.
4. Learned counsel for the appellants submits that the Division Bench of this Court in M.F.A. No.103439 of 2016, disposed of on 08.01.2018, in respect of the land involved in the said appeal which is situated in the same village and acquired for the very same purpose under the very same notification, has fixed the market value at Rs.5,08,000/- per acre with all statutory benefits, interest and costs. Hence, he prays for fixing the market value of the land involved in this appeal in terms of the judgment passed in M.F.A. No.103439 of 2016. Learned counsel for the second 4 respondent does not dispute the same. Therefore, the market value of the land involved in this appeal also requires to be fixed in terms of the judgment passed by this Court in M.F.A. No.103439 of 2016.
5. Accordingly, the appeal is allowed. The impugned judgment and award of the Reference Court is modified. The market value of the land in question is fixed at Rs.5,08,000/- per acre with all statutory benefits, interest and costs. However, the appellants are not entitled to interest for the delay period of 1894 days in filing the appeal.
The enhanced compensation shall be deposited by the second respondent within six months from the date of receipt of a copy of this order.
The appellants/claimants shall make good the deficit court fee, if any, at the time of drawing up of the award.
5
Liberty is reserved to the claimants to file an application to seek damages, if any, for the period between the date of submergence of the land in question till the date of issuance of notification under Section 4(1) of the Act. If any such application is filed, the same shall be considered and appropriate orders be passed in accordance with law, within an outer limit of six months.
SD/-
JUDGE Kms