Supreme Court - Daily Orders
Bharmappa Mallappa Ag. (D) By Lrs vs The Spl Land Acquisition Officer on 22 November, 2017
Bench: Arun Mishra, Mohan M. Shantanagoudar
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No(s). 11147 OF 2013
BHARMAPPA MALLAPPA AGASAR (D) BY LRS Appellant(s)
VERSUS
THE SPL LAND ACQUISITION OFFICER Respondent(s)
with
CIVIL APPEAL No(s). 11152 OF 2013
CIVIL APPEAL No(s). 11149 OF 2013
CIVIL APPEAL No(s).11151 OF 2013
CIVIL APPEAL No(s). 11148 OF 2013
CIVIL APPEAL No(s). 11153 OF 2013
CIVIL APPEAL No(s). 7184 OF 2016
CIVIL APPEAL No(s). 1359 OF 2015
CIVIL APPEAL No(s).19948 OF 2017
(Arising out of SLP(C) No. 1204 of 2015)
Signature Not Verified
Digitally signed by
CIVIL APPEAL No(s).19949 OF 2017
ASHWANI KUMAR
Date: 2017.11.29
14:17:01 IST
Reason:
(Arising out of SLP(C) No. 3286 of 2015)
CIVIL APPEAL No(s). 19950 OF 2017
(Arising out of SLP(C) No. 2456 of 2015)
2
CIVIL APPEAL No(s). 19951 OF 2017
(Arising out of SLP(C) No.1210 of 2015)
CIVIL APPEAL No(s). 19952 OF 2017
(Arising out of SLP(C) No. 8403 of 2016)
CIVIL APPEAL No(s). 9420 OF 2017
O R D E R
Leave granted.
Heard learned counsel for the parties. The appeals have been preferred by the land owners for enhancement of the compensation. The land admeasuring 3 acres 18 guntas had been acquired by issuance of Notification under Section 4 of the Land Acquisition Act, 1894 (in short 'the Act') dated 15.1.1998 situated at Simikeri Village, Taluq & Distt. Bagalkot, Kurnataka for the purpose of establishment of rehabilitation center for displaced person on account of Upper Krishna Project (UKP). The land had been found to be having agriculture potential it falls within the limit of Town Planning Authority, Bagalkot. The Land Acquisition Officer awarded determination on 5.6.2007 at the rate of Rs.22,428/- per acre classified on the basis of treating the land as dry land.
On reference being made, the Civil Judge (Senior Division) Bagalkot awarded compensation at the rate of Rs.4,13,820/- per acre with all statutory benefits. 3
Being dissatisfied the appeals have been preferred before the High Court. The High Court had enhanced the compensation to Rs.7,84,410/- from Rs.4,13,820/-. Being dissatisfied with the enhanced amount, the appeals have been preferred before this Court by the owners.
We have heard learned counsel for the parties at length. The questions agitated as about the cut to be applied and at what rate annual appreciation to be granted. The High Court applied the cut of 1/3rd and has awarded 5% escalation for six years. The exemplar of 1992 had been relied upon for the acquisition made in 1998.
It was urged by learned counsel appearing on behalf of the land owners that at least 10% per annum escalation of price ought to have been added. Whereas learned counsel appearing for the State contended that appropriate cut has not been applied and appreciation granted in the facts and circumstances was appropriate. No case for further enhancement of compensation was made out.
After hearing learned counsel for the parties, we are of the opinion that 40% cut has to be applied on the basis of the value as per exemplar of the year 1992 comes to Rs.9,14,760/- per acre after making deduction 40% for development, amount would come to Rs. 5,48,856/- per acre. It would be appropriate to award 10% appreciation for six years. Thus the amount on date of notification under Section 4 of the Act comes to 8,78,170/- we rounded it of to Rs.8,78,200/- (Rupees Eight Lacs Seventy Eight Thousand Two 4 Hundred Only). We award compensation at the rate of Rs.8,78,200/- per acre. The enhanced amount to carry statutory benefits also as envisaged under the Act.
The appeals are allowed to the aforesaid extent. No order as to costs.
CIVIL APPEAL No(s). 9420 OF 2017 Taken on board as agreed to by counsel for the petitioner.
The instant appeal is disposed of in terms of the orders passed above in C.A. 11147/2013 etc. ................J. (ARUN MISHRA) ................J. (MOHAN M. SHANTANAGOUDAR) NEW DELHI;
NOVEMBER 22, 2017 5 ITEM NO.15 COURT NO.10 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 11147/2013 BHARMAPPA MALLAPPA AG. (D) BY LRS Appellant(s) VERSUS THE SPL LAND ACQUISITION OFFICER Respondent(s) WITH C.A. No. 11152/2013 (IV-A) C.A. No. 11149/2013 (IV-A) C.A. No. 11151/2013 (IV-A) C.A. No. 11148/2013 (IV-A) C.A. No. 11153/2013 (IV-A) C.A. No. 7184/2016 (IV-A) C.A. No. 1359/2015 (IV-A) SLP(C) No. 1204/2015 (IV-A) SLP(C) No. 3286/2015 (IV-A) SLP(C) No. 2456/2015 (IV-A) SLP(C) No. 8403/2016 (IV-A) C.A. 9420 of 2017 Date : 22-11-2017 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Ms. E. R. Sumathy, AOR Mr. T. R. B. Sivakumar, AOR Mr. Anil V. Katarki, Adv.
Mr. Anil C. Nishani, Adv.
For Respondent(s) Mr. V. N. Raghupathy, AOR 6 UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
CIVIL APPEAL No(s). 9420 OF 2017
Taken on board.
The instant appeal is disposed of in terms of the orders passed above in C.A. 11147/2013 etc. (NEELAM GULATI) (JAGDISH CHANDER) COURT MASTER (SH) BRANCH OFFICER (SIGNED ORDER IS PLACED ON THE FILE)