Allowed

Baba S/O Saheb Lal v. the Special Land Acquisition Officer

Karnataka HC16 Oct 2014MFA/8733/2006

Case brief

AI extract

What is this about?

The High Court allowed an appeal filed by a landowner against the land acquisition officer award. The court reassessed the market value of the acquired land at Rs.75,000 per acre based on a precedent for an adjoining plot. It held that compensation is not restricted to the claimed amount but allowed the appeal with costs while denying interest for filing delay.

What did the court decide?

Compensation fixed at Rs.75,000 per acre with costs and statutory benefits; appellant to pay court fee; interest barred for delay.

Baba S/O Saheb Lal Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2014)

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MFA 8733/06

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IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH

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DATED THIS THE 16^TH DAY OF OCTOBER, 2014

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BEFORE:

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL No.8733 OF 2006 [LAC]

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BETWEEN

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BABA S/O SAHEB LAL MAJOR, RAJWAL ALAND : TALUK GULBARGA:DIST ... APPELLANT

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(BY SRI.HARSHAVARDHANA R. MALIPATIL, ADV.)

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AND

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THE SPECIAL LAND ACQUISITION OFFICER M & MIP, GULBARGA ... RESPONDENT (BY SRI. MANVENDRA REDDY, GOVT. ADV.)

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THIS MFA IS FILED U/S 54(1) OF LA ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.11.2002 PASSED IN LAC NO. 756/99 ON THE FILE OF THE II ADDL.CIVIL JUDGE (SR.DN), GULBARGA, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION.

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MFA 8733/06

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THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Though the matter is listed for admission, with

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the consent of both side, taken-up for final disposal.

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The appellant aggrieved by the Judgment and Award of compensation at the rate of Rs.33,600-00 per acre for the land acquired, granted by the Court below has filed this appeal, seeking enhancement.

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The facts reveal that the appellant is the owner of the land bearing Sy. No.12/5 measuring 3 acres 15 guntas and in Sy. No.12/10 measuring 1 acre

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24 guntas in Rajwal village in Aland Taluk. They were acquired by the respondent vide notification dated 28.07.1994. An Award came to be passed on 31.01.1998. The appellant sought for reference of

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the matter to the Civil Court for enhancement of the compensation on the ground that the valuation of the

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MFA 8733/06

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land was Rs.1,20,000-00 per acre and meager sum of Rs.8,000-00 per acre was granted by the Land Acquisition Officer. On reference to the Civil Court, the case of the appellant was clubbed with

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the other cases and common evidence was adduced.

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P.W.1 was examined and documents Exs.P1 to 10

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were marked. The Court below has assessed the market value of the land acquired at Rs.33,600-00 per acre and granted compensation with the statutory benefits and interest. Dissatisfied with the assessment and the market value, the present appeal is filed.

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I have heard learned counsel for the

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appellant and also learned High Court Government Pleader.

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The point that arises for my consideration

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is;

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“What is the market value of the

lands acquired?”

MFA 8733/06

Learned counsel for the appellant submits

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that in respect of the adjoining land i.e., Sy.

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No.11 which was acquired in the year 1991 by the respondent, this Court in MSA No.10003/2013 [LAC] has assessed the market value at Rs.65,000-00 per acre in terms of the Judgment in MFA No.6941/2006 and therefore, he submits that the market value fixed by this Court in the aforesaid matter will have to be the market value of the lands of the appellant in addition to the escalation prices for 3 years.

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On the other hand, learned High Court

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Government Pleader supports the Judgment and Award and submits that the Court below has granted just and reasonable compensation by assessing the market value and that no grounds are made out to call for interference in the impugned Judgment and Award.

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The Judgment in LAC No.264/1995 was

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challenged in MSA No.10003/2013 [LAC]. In the aforesaid matter, the adjoining land bearing

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MFA 8733/06

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Sy.No.11 was acquired and this Court on the basis of the Judgment in MFA No.6941/2006 has assessed the

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market value at Rs.65,000-00 per acre. The notification relating to the acquisition of Sy. No.11 was of the year 1991, whereas in respect of the impugned Judgment and Award, the land was acquired in the year 1994. Therefore, the appellant in addition to the market value at Rs.65,000-00 per acre is entitled with escalation price at 5% per acre. Therefore, adding 15% to the said sum of Rs.65,000-00 per acre, the market value of the land of the appellant was at Rs.74,750-00 per acre. It could be rounded up to Rs.75,000-00.

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An objection was raised on the ground that the appellant has restricted his claim to a sum of Rs.43,000-00 in his appeal and that he cannot claim more compensation than what has been sought for by the appellant in the appeal memo. On this aspect of the matter, learned counsel for the appellant has placed reliance on the decision of the Apex Court

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MFA 8733/06

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reported in AIR 1985 Supreme Court 1576 [Bhag Singh and others Vs. Union Territory of Chandigarh]; wherein the claim was restricted for the sole reason that the appellant was not able to pay the Court Fee on the claim made by even in the Reference Court and in this context, the Apex Court held that award of compensation cannot be restricted to the amount claimed by the appellant in the appeal memo and at the most, he can be directed to pay the additional court fee on the amount of compensation, which he is entitled to. The principle enunciated by the Supreme Court in the aforesaid Judgment was followed in 2009 SAR (Civil) 693 [Chandrashekhar & Ors. Vs. Addl. Special Land Acquisition Officer] and I do not find any reason to limit the claim of the appellant for the amount sought in the appeal memo. Therefore, the appellant is entitled to the market value of the lands acquired at Rs.75,000-00 per acre. For the aforesaid reasons, I answer the point in affirmative.

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MFA 8733/06

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Consequently, the appeal is allowed with costs. The appellant is entitled to the compensation for the lands acquired with the market value at Rs.75,000-00 per acre with costs and the statutory benefits. Anyhow, the appellant is directed to pay requisite court fee, within six weeks from today. The appellant is not entitled to the interest for the period of 1285 days, the delay that occurred in filing of this appeal

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Sd/-

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Ksm*

Baba S/O Saheb Lal v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Baba S/O Saheb Lal 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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