Karnataka High Court
Kalappa vs The Spl.Land Acquisition Officer & Anr on 21 February, 2018
Author: L Narayana Swamy
Bench: L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF FEBRUARY 2018
BEFORE
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
MISCELLANEOUS SECOND APPEAL NO.200014/2018(LAC)
BETWEEN:
Kalappa S/o Paudappa
Age: 62 years, Occ: Agriculture
R/o Nagoor, Tq & Dist: Kalaburagi.
... Appellant
(By Sri Harashavardhan R. Malipatil, Advocate)
AND:
1. The Spl. Land Acquisition Officer
M & MIP Kalaburagi - 585 102
2. The Deputy Commissioner
Mini Vidhana Soudha
Kalaburagi - 585 102
... Respondents
(By Smt. Archana P. Tiwari, AGA)
This Miscellaneous Second Appeal is filed under
Section 54(2) of Land Acquisition Act, praying to allow
this appeal with costs and modify the judgment and
2
award passed by Addl. Civil Judge (Sr.Dn.) At:
Kalaburagi dated 15.09.2000 in LAC No.1584 of 1997
and also Judgment and award of III Addl. Dist. Judge
At: Kalaburagi dated 06.09.2014 in LACA No.622 of
2013 and fix market value at the rate of Rs.1,00,000/-
per acre and award all statutory benefits. And grant
any other relief, which this Hon'ble Court deems fit in
the circumstances of the case, in the interest of justice
and equity.
This appeal coming on for orders this day, the
Court delivered the following:
JUDGMENT
The appellant was the owner of land Sy.No.67/1B of Nagoor village Tq. & Dist. Kalburagi. The lands were acquired for construction of Bennithora Project. The land to the extent of 02-acres 21-guntas was acquired, vide preliminary notification dated 13.061991. The SLAO awarded compensation of Rs.15,000/- per acre vide award dated: 27.11.1993. The Reference Court enhanced the compensation amount to Rs.32,000/- per acre. In appeal, the District Court computed the 3 compensation at Rs.74,000/- per acre. Now, the appellant is seeking Rs.1,00,000/- per acre. The memo dated 08.03.2017 is filed in MSA No.200055/2016 by learned counsel for the appellant stating as under :-
The Hon'ble District Court in LACA 165 and 166 of 2016 pertaining to land bearing Sy.No.30, 20/1 and 31 of same village i.e., Kanadagi has awarded market value of Rs.1,52,059/- per acre for dry land which was acquired vide preliminary notification dated: 23.03.1990 for the same purpose i.e., Bennithora Project. In the present case land acquired is part of Sy.No.35 acquired vide notification dated: 05.04.1990. The said judgment has attained finality since the compensation in the said case is already satisfied vide RTGS dated: 24.08.2016. Hence, the claimant herein is also entitled for same market value.
2. Learned AGA does not dispute the said fact that vide RTGS dated: 24.08.2016 compensation at 4 Rs.1,52,059/- per acre as computed by District Court in LACA 165 and 166 of 2015 in respect of land Sy.Nos.30, 20/1 and 341 of Kannadagi village which is disbursed.
3. There is no indication as to any appeal is preferred or whether the Government has decided to prefer an appeal against the said Order of the District Court. In that view of the matter, the matter has attained finality.
4. In the light of the above, prayer of the appellant seeking enhancement of the compensation, shall be treated on par with the compensation awarded by Lower Appellate Court in respect of lands of the nearby village which is acquired vide notification dated:
23.03.1990.5
5. The learned counsel for the appellant has referred to the judgment i.e. MSA No.200055/2016 pertains to Bennithore Project, in which the compensation awarded was Rs.1,52,059/- per acre for the notification of the year 1990 and notification in the present case is of the year 1991, when these two notifications, which were the subject matter in the above judgment and present case are taken into account, there has to be reconsideration. In this regard, it is decided to recalculate the compensation on the basis of market value. For the gap of one year between 1990 notification and 1991 notification, escalation of 8% is to be considered. If it is calculated, it comes to Rs.1,52,059 + 8% = Rs.1,64,223/- per acre. Accordingly, the same is calculated for the purpose of awarding compensation. Hence, it is just and reasonable to award Rs.1,64,223/- per acre along with statutory benefits with costs. Accordingly, the same is awarded.
6
6. The appellant is entitled for the compensation in respect of land Sy.No.67/1B measuring 2 acres 21 guntas of Nagoor village at Rs.1,64,223/- per acre with all statutory benefits with costs. The appellant is not entitled for interest in respect of delayed period of 1151 days in filing of appeal before this Court.
The appeal is accordingly allowed with costs. Two weeks time is granted to make good the deficit Court fee.
Sd/-
JUDGE SMP