Karnataka High Court
Rangappa vs The Special Land Acquisition Officer, on 16 December, 2020
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 16TH day of December 2020
Before
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
MSA No.100107/2016 (LA)
BETWEEN
RANGAPPA S/O TIMMAPPA BIRADHAR PATIL,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: CHIKKA SHANSHI,
TQ: BAGALKOT, DIST:BAGALKOT.
...APPELLANT
(By SRI. LINGARAJ MARADI, ADV.)
AND
THE SPECIAL LAND ACQUISITION OFFICER
MALAPRABHA PROJECT-II, DHARWAD.
....RESPONDENT
(By SRI.R.RAVINDRA NAIK, HCGP)
MSA IS FILED UNDER SECTION 54(2) OF LA ACT,
AGAINST THE JUDGMENT AND AWARD DATED 02.09.2016
PASSED IN LACA NO.17/2013 ON THE FILE OF THE II ADDL.
DISTRICT AND SESSIONS JUDGE, BAGALKOT, PARTLY
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND AWARD DATED 08.02.2011, PASSED IN LAC NO.282/2006
ON THE FILE OF THE SENIOR CIVIL JUDGE MUDHOL, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18(1) OF LA
ACT.
2
THIS MSA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed against the judgment and award dated 02.09.2016 passed by the II Addl. District and Sessions Judge, Bagalkot in LAC Appeal No.17/2013 and also the judgment and award dated 08.02.2011 passed by the Senior Civil Judge, Mudhol in LAC No.282/2006.
2. The land bearing Sy.No.52/3 measuring 1 acre 22 guntas situated at Byadar Aralikatti village in Mudhol taluk was acquired for Malaprabha Project by issuing a preliminary notification dated 20.12.2001 under Section 4(1) of the Land Acquisition Act. The SLAO fixed the market value of the land in question at Rs.27,000/- per acre treating it as a dry land. Dissatisfied with the quantum of compensation awarded by the SLAO, the claimant filed reference petition under Section 18(1) of the Land Acquisition Act for enhancement of compensation. 3
3. The reference Court fixed the market value at Rs.90,000/- per acre treating it as a dry land and fertile land. Being dissatisfied with the quantum of compensation awarded by the reference Court, claimant filed an appeal under Section 54(2) of the Land Acquisition Act before the First Appellate Court seeking for enhancement of compensation.
4. The First Appellate Court fixed the market value of the land in question at Rs.1,44,000/- per acre by adopting capitalization method. The claimant is in appeal seeking for enhancement of compensation.
5. The learned counsel for the appellant/claimant submits that as per the yield certificate dated 30.09.2010, it is certified that the average yield of onion per acre is 3 to 5 tonnes. However, the First Appellate Court has assessed the yield of onion at 4 tonnes per acre even though the reference Court has held that the land in question is a fertile land. The learned counsel for the appellant would 4 submit that as per Ex.P7, the yield of onion is to be assessed at 7 to 8 tonnes per acre.
6. He submits that the First Appellate Court should have assessed the yield of onion at 8 tonnes per acre. In support of his submission he has relied on the decision of this Court in the case of Jade Basappa v. Assistant Commissioner and Land Acquisition Officer reported in ILR 1995 KAR 2474.
7. Learned HCGP submits that the First Appellate Court, after having considered the yield certificates, has fixed the market value of the land in question at Rs.1,40,000/- per acre, which is just and proper.
8. I have considered the submissions made by the learned counsel for parties and perused the material on record.
9. The Reference Court has categorically held that the land in question was a dry and fertile land as on the date of issuance of preliminary notification under Section 5 4(1) of the Land Acquisition Act. The yield certificate at Ex.P.5 discloses that the average yield of onion in Mudhol Taluk is 7 to 8 tonnes per acre. Ex.P.7 is a certificate issued by the Horticulture Department, wherein it is certified that the average yield of onion in Mudhol Taluk is 3 to 5 tonnes per acre. The Reference Court, taking into consideration Ex.P.7, has assessed the average yield of onion per acre at 4 tonnes. Ex.P.5 is the yield certificate issued by the very same authority, wherein it is certified that the average yield of onion is about 7 to 8 tonnes per acre.
10. The claimant, before the Reference Court stated on oath that the average yield of onion grown on the acquired land in question was about 10 to 15 tonnes per acre. The respondents before the Reference Court have put a suggestion to the claimant in cross-examination that the yield certificate at Ex.P.7 pertains to Lokapur village, which is far away from the village in which the land in question is situated. Hence, the First Appellate Court 6 should have taken the average yield of onion at 5 tonnes by relying on Ex.P.5 for the purpose of assessing the average yield of onion per acre.
11. The First Appellate Court assessed the price of onion per quintal at Rs.600/- by taking into consideration the rate list at Ex.P.6, which pertains to the period 2000- 01 to 2005-06, wherein it is certified that the rate of onion per tonne for the relevant period was maximum Rs.900/- per quintal and minimum Rs.250/- per quintal.
12. Having regard to the fact that the land in question is dry and fertile land, the First Appellate Court has assessed the price of onion at Rs.600/- per quintal for fixing the market value and in my view the same is just and proper. Therefore, by taking the average yield of onion per acre at 5 tonnes and price at Rs.6000/- per tonne, after deducting 40% towards cultivation costs, the profit comes to Rs.3,600/- per tonne & for 05 tonnes it comes to Rs.18,000/- per acre and accordingly, by applying applicable multiplier of 10, the claimant is entitled to the 7 market value of the land in question at Rs.1,80,000/- per acre with all statutory benefits, interest and costs.
13. The deficit Court fee, if any, be made good at the time of drawing up of the award.
Sd/-
JUDGE KGK/yan