Partly allowed

A Mahadevappa S/O Nagappa Since Dead by Lrs v. the Assistant Commissioner and the Land

Karnataka HC23 Sept 2013MSA/46/2007

Case brief

AI extract

What is this about?

This second appeal by claimants regarding land acquisition compensation was allowed in part. Modifying the lower court's award, the Court upheld a compensation of Rs.18,890 per acre based on capitalisation method yield calculations for dry land. Interest for the delayed period was denied.

What did the court decide?

Modification of the impugned order to award compensation of Rs.18,890/- per acre; appeal allowed in part; respondents directed to deposit the amount within three months.

A Mahadevappa S/O Nagappa Since Dead by Lrs Vs the… — Land Acquisition | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 23^rd 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.46 / 2007

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BETWEEN :

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A.Mahadevappa S/o Nagappa, Since dead by LRs.

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(a) Smt.Gowramma,

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W/o Late Mahadevappa Anajera, since dead by L.Rs.

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(b) Basalingappa,

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S/o Mahadevappa Anajera, Aged 62 years,

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R/o Taraganahalli.

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(c ) Maheshwarappa Anajera, Age 57 years, R/o Davanagere-577704.

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(d) Thippeshi S/o Mahadevappa Anajere, Age 47 years, R/o Taraganahalli village.

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(e) Mallikarjuna,

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S/o Mahadevappa Anajera,

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Age 42 years, R/o Taraganahalli Village.

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(f) Jayamma

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D/o Mahadevappa Anajera, Age 40 years, R/o Yarechikkanahalli Taluk, Honnali.

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(g) Sarojamma

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d/o Mahadevappa Age 38 years, R/o Kattalagere village, Channagiri Taluk.

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(h) Basamma

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D/o Mahadevappa, Age 35 years, R/o Lokikere village, Taluk Davanagere.

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(I) Manjula, D/o Mahadevappa, age 32 years, R/o Kadklebele village, Davanagere District.

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.. Appellants

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( By Sri Lokesh Malavalli, Advocate )

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AND :

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The Assistant Commissioner, and the Land Acquisition Officer, Davanagere.

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The Assistant Commissioner, and the Land Acquisition Officer, Shimoga.

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.. Respondents

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( By Sri S.B.Shahapur, AGA )

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This Appeal is filed under Section 54(2) of the Land Acquisition Act against the judgment and decree dated 23.12.2005 passed in MA.No.124/2000 on the file of the District Judge, Davangere, partly allowing the appeal and modifying the judgment and award dated 15.4.2000 passed in LAC.No.53/87 on the file of the Civil Judge (Sr.Dn.), Shimoga.

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This Appeal coming on for hearing 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 claimants-appellants for modification of the judgment and decree dated 23.12.2005 passed by the learned District Judge, Davanagere, in M.A.No.124/2000 by confirming the the award passed by the Reference Court in LAC.No.53/1987, dated 15.4.2000.

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It is the case of the appellants that the land measuring 1 acre out of 4 acres and odd in Survey No.54/1, situated at Jaraganahalli village, Honnali Taluk, Shimoga District, was acquired in the year 1984 for the purpose of construction of tank. The Land Acquisition Officer passed an award fixing the market value at Rs.2,500/- per acre. Being aggrieved by the same, they made application to refer the matter to Civil Court in LAC.No.53/1987. The Civil Court enhanced the compensation to Rs.23,000/- per acre with consequential benefits. However, the Reference Court by taking the multiplier 15' instead of 10'

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awarded the compensation at Rs.23,000/- per acre as the land in question is a dry land. The same was challenged by the State before the District Court, Davanagere, in MA.No.124/2000. The learned District Judge by the impugned order, awarded Rs.9,500/- per acre as against Rs.23,000/-. Hence, this second appeal by the claimants-appellants.

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As per capitalisation method, 40% deduction has to be made towards cost of cultivation in respect of dry lands and 50% in respect of wet lands. In the present case, as the land in question is a dry land, 40% has to be deducted out of the total yield per year i.e., Rs.3,148/- as calculated by the Reference Court. After deducting 40% towards cost of cultivation, the total yield per year comes to Rs.1,889/-. By applying the multiplier `10', the total comes to Rs.18,890/- (i.e., Rs.1,889 x 10). Accordingly, the claimants-appellants ares entitled to Rs.18,890/per acre with all consequential benefits, costs and interest thereon.

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In view of the above, the impugned order passed by the District Court, Chitradurga, in MA.No.124/2000, dated 23.12.2005 is modified by holding that the claimants-appellants are entitled to compensation of Rs.18,890/- per acre. However, they are not entitled to interest for the delayed period.

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The respondents are directed to deposit the amount within three months from the date of receipt of copy of this order.

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Appeal is allowed in part.

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Office is directed to send back the records.

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Sd/-

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JUDGE

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bk/

A Mahadevappa S/O Nagappa Since Dead by Lrs v. the Assistant Commissioner and the Land

Case brief

What is this about?

What did the court decide?

A Mahadevappa S/O Nagappa Since Dead by Lrs v. the Assistant Commissioner and the Land

Case brief

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