Allowed

Sri Lakshmamma v. the Special Land Acquisition Officer

Karnataka HC19 Sept 2013MSA/3/2012

Case brief

AI extract

What is this about?

The High Court allowed an appeal filed under Section 54(2) of the Land Acquisition Act. The Court enhanced the compensation awarded for acquired garden land and standing coconut trees by relying on the higher rates awarded in a connected reference case involving similar land and purpose.

What did the court decide?

Compensation enhanced to Rs. 33,750/- per acre and Rs. 2,800/- per coconut tree; respondent directed to deposit amount within 12 weeks.

Sri Lakshmamma Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 19^th DAY OF September 2013

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BEFORE

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THE HON’BLE MR.JUSTICE HULUVADI G. RAMESH

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M.S.A.No.3 / 2012 (LA)

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BETWEEN :

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Smt.Lakshmamma. 82 years W/o Mayannagowda, R/a Gurlamutt village, Dabbeghatta Hobli, Turuvekere Taluk, Tumkur Dist.

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.. Appellant

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( By Sri Vigneshwar S. Shastri, and Sri Vinod Gowda, Advocates )

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AND :

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The Special Land Acquisition Officer, Hemavathi Channel Zone, Kunigal Road, Tumkur.

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.. Respondent

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( By Sri S.B.Shahapur, AGA )

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This MSA is filed under Section 54(2) of Land Acquisition Act against the judgment and decree dated 1.10.2011 passed in R.A.No.363/2009 on the file of Presiding Officer, Fast Track Court, Tiptur, partly allowing the appeal filed under Section 54 of LA Act by setting aside the judgment and award dated 28.1.2008 passed in LAC.No.204/2007 on the file of Civil Judge (Sr.Dn.) & JMFC, Turuvekere, dismissing the Reference Petition.

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This Appeal coming on for Admission this day, the Court delivered the following :

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JUDGMENT

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Heard the learned counsel representing the parties.

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This second appeal is by the claimant for enhancement

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as against the award passed by the Reference Court – Fast Track Court, Tiptur, in R.A.No.363/2009, dated 1^st October 2011. The claimant-appellant filed LAC.No.204/2007 before Senior Civil Judge & JMFC, Turuvekere claiming compensation in respect of the land bearing Survey No.158, measuring 1 acre 15 guntas, situated at Gurlamutt village, Turuvekere Taluk which was acquired by the respondent for formation of Hemavathi Channel. The land is a garden land having 70 coconut tress and also one neem tree. The acquisition notification was in the year 1989 and after issuance of final notification, an award came to be passed by the Land Acquisition Officer on 28.6.1991 determining the market value of the dry land at Rs.6,560/- per acre and for garden land at Rs.19,000/- per acre. As no compensation has been awarded towards standing coconut trees and neem tree, claimant filed LAC.No.204/2007. The Reference Court rejected

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the claim as barred by limitation. As against which, claimant preferred R.A.363/2009 before the Fast Track Court, Tiptur. The Appellate Court having entertained the main appeal filed, awarded compensation of Rs.19,600/- per acre and also Rs.700/per coconut tree for 70 trees, with all consequential statutory benefits. Being not satisfied, the claimant-appellant is before this Court seeking enhancement of compensation.

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The learned counsel for the appellant relying upon the judgment and award passed by the very Reference Court in LAC.No.129/2007, dated 31^st July 2010, submitted that in that case, the land was acquired for the same purpose i.e., formation of Hemavathi Canal, wherein the Reference Court has awarded Rs.33,750/- per acre for garden land and Rs.2,800/- per coconut tree and hence, he seeks enhancement of compensation on the ground of parity as the land in question is a garden land and acquired for the same purpose.

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As the Reference Court in the connected matter has enhanced the compensation suitably, the same benefit has to be

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extended to this appellant also. Accordingly, the compensation awarded by the Appellate Court is further modified and enhanced to Rs.33,750/- per acre and also at the rate of Rs.2,800/- per coconut tree, with all consequential statutory benefits, interest and costs thereon.

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Ordered accordingly. The respondent is directed to deposit the amount within 12 weeks from the date of receipt of this order. The difference of Court fee, if any, to be deposited shall be deposited within eight weeks from today.

Appeal is allowed.

Sd/-

JUDGE

bk/

Sri Lakshmamma v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Sri Lakshmamma v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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