Karnataka High Court
Shivappa S/O. Gangappa Tadas vs The Assistant Commissioner, on 16 June, 2020
Bench: S.Sujatha, Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16 T H DAY OF JUNE, 2020
PRESENT
THE HON'BLE MRS. JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MFA No.21046 of 2012 (LAC)
Between:
Shivappa S/o.Gangappa Tadas,
Age 51 years, Occ: Agriculture,
R/o.: Navalur Village,
Tq.: Dist.: dbharwad
... Appellant
(By Shri V.G. Bhat, Advocate)
And:
1. The Assistant Commissioner
& Special Land Acquisition Officer,
Dharwad Sub-Division, Dharwad.
2. The Union of India,
R/by Chief Engineer,
Constructions, South Western Railways,
Keshwapur, Hubli, Dist.: Dharwad.
... Respondents
(By Shri V.S.Kalasurmath, HCGP for R1;
Shri Aj ay U.Patil, Advocate for R2)
This MFA is filed under Section 54(1) of L.A. Act,
against the j udgment and decree dated 31.10.2011, passed
in LAC No.255/2010 on the file of II-Addl. Senior Civil
Judge, Dharwad, partly allowing the reference petition for
compensation and seeking enhancement of compensation.
This appeal coming on for admission this day,
S.Sujatha, J., delivered the following:
:2:
JUDGMENT
This appeal is preferred by the erstwhile owner, whose lands situated in Sattur village of Dharwad District were acquired for the purpose of construction of Railway Station Goods Yard and C and W Facilities.
2. On 24.03.2008, a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 ('the Act' for short) was issued for acquisition of land measuring 1 acre 34 guntas in R.S.No.112/2 of Sattur Village along with other lands. The Special Land Acquisition Officer passed the award on 12.02.2009 fixing the market value of the subject lands at Rs.3,743.25 ps. per gunta. Upon a reference being made under Section 18 (1) of the Act at the instance of the appellant, the reference Court by its common award dated 31.10.2011 determined the market value of the subject land at the rate of Rs.35,000/- per gunta. Being dissatisfied, the appellant-claimant is before this Court.
3. Learned counsel for the claimant placing reliance on the Cognate Bench decision of this Court in MFA :3: No.100191/2016 and connected matters, disposed of on 21st August 2018 as well as the order of the Hon'ble Apex Court dated 22.11.2019 passed in Civil Appeal Nos.8938- 8940/2019 (arising from SLP (C) Nos.9817-9819/2019) submitted that similar lands acquired for the same project in the same village has been awarded with the compensation of Rs.1,79,390/- per gunta along with all statutory benefits. The subject lands being similarly situated, the appellant herein, is entitled to similar compensation.
4. Learned counsel for the respondents have rightly not disputed the aforesaid aspects.
5. Having regard to the facts and circumstances of the case and perusing the materials on record, we are of the considered opinion that the subject land being situated in the very same village - Sattur, Dharwad District and acquired for the very same purpose, during 2007-2008 as that of the matters considered by the Hon'ble Apex Court in Civil Appeal Nos.8938-8940/2019, supra, the claimant is entitled for enhancement of compensation. The :4: Cognate Bench of this Court having analyzed the various factors such as the nature of the lands, area of the lands, purpose of acquisition, date of notification, etc., has determined the market value of the similarly situated lands at Rs.89,700/- per gunta along with all statutory benefits. The total of 70% was deducted from the exemplar value of Rs.2,98,983/- to arrive at the market value of the lands at the relevant date. On further challenge made by some of the claimants against the said order, the Hon'ble Apex Court has held that it would be appropriate to deduct only 40% of the amount out of the exemplar value of the land and fixed the compensation at Rs.1,79,390/- per gunta along with all statutory benefits. In view of the finality reached relating to the similarly situated lands, the same would be a safe guide/basis to determine the market value of the lands in question. Thus, the claimant is entitled to the similar compensation even on parity.
6. For the reasons aforesaid, the appeal requires to be allowed in part. Hence, the following: :5:
ORDER
(i) The appeal filed by the appellant-claimant stands allowed-in-part.
(ii) The appellant-claimant shall be entitled for the compensation determined on the basis of the market value of the subject land at Rs.1,79,390/- per gunta along with all statutory benefits.
(iii) Pending applications if any, stand disposed of in view of the disposal of the main appeal.
SD/-
JUDGE SD/-
JUDGE Vnp*