Allowed

Shivanand v. the Principal Secretary and Ors.

Karnataka HC13 Dec 2018MSA/200044/2018

Case brief

AI extract

What is this about?

This appeal challenged a judgment and award regarding land acquisition compensation for dry land. The Court enhanced the compensation amount to Rs.2,76,666/- per acre, deducted two-thirds of the irrigated land award granted in a related precedent, and disallowed interest due to appeal delay.

What did the court decide?

The judgment and award of the I. Additional District Judge are modified to award compensation of Rs.2,76,666/- per acre for dry land with statutory benefits.

Shivanand Vs the Principal Secretary and Ors. — Land Acquisition | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

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DATED THIS THE 13^TH DAY OF DECEMBER, 2018

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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M.S.A.NO.200044/2018 (LAC)

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BETWEEN:

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SHIVANAND S/O GURULINGAPPA AGE: 62 YEARS OCC: AGRICULTURE R/O: BALUNDAGI TQ: AFZALPUR DIST: KALABURAGI.

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... APPELLANT

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

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AND:

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THE PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHAN SOUDHA, BENGALURU-560001.

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THE SPECIAL LAND ACQUISITION OFFICER M & MIP, KALABURAGI-585102.

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THE CHIEF ENGINEER KNNL IPC ZONE KALABURAGI-585102.

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THE EXECUTIVE ENGINEER, KNNL, BLI PROJECT TQ: AFZALPUR DIST: KALABURAGI-585301.

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... RESPONDENTS

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(BY SMT.ARCHANA.P.TIWARI, AGA FOR R1 AND 2, BY SRI.GOURISH.S.KASHAMPUR, STANDING COUNSEL FOR R3 AND R4)

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THIS MSA FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT PRAYING TO ALLOW THIS APPEAL WITH COSTS AND MODIFY THE JUDGMENT AND AWARD PASSED BY SENIOR CIVIL JUDGE, AFZALPUR DATED: 22.03.2012 IN LAC.NO.450 OF 2010 AND ALSO JUDGMENT AND AWARD OF I. ADDITIONAL DISTRICT JUDGE AT KALABURAGI DATED 09.10.2015 IN LACA.NO.141 OF 2013 AND FIX MARKET VALUE AT THE RATE OF RS.2,80,000/- PER ACRE AND AWARD ALL STATUTORY BENEFITS.

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THIS APPEAL COMING ON FOR HEARING – INTERLOCUTORY APPLICATION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the appellant challenging

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the judgment and award dated 09.10.2015 in LACA.No.141/2013 passed by I. Additional District Judge Kalaburagi and judgment and award dated 22.03.2012 in LAC.No.450/2010 passed by the Senior Civil Judge Afzalpur, seeking further enhancement of compensation.

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The claimant is the owner of land Sy.No.56/2/1 measuring 01 acre 12 guntas and 00-02 pk of Balundagi Tq: Afzalpur Dist: Kalaburagi. The Government has acquired the said land by issuing preliminary notification under Section 4 (1) of L.A. Act on 09.02.2006 for the purpose of construction of Bhima Lift Irrigation Project. The SLAO has passed an award on 24.08.2009 awarding compensation of Rs.21,000/per acre for dry land. Aggrieved by the same the appellant sought reference of matter to Civil Court. On reference the Senior Civil Judge Afzalpur has passed the

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judgment and award in LAC.No.450/2010 on 22.03.2012 by awarding compensation of Rs.3,07,500/-

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per acre for dry land. Aggrieved by the same the State Government has filed an appeal in LACA.No.141/2013 before the I. Additional District Judge Kalaburagi. The First Appellate Court has reduced the market value of the land at Rs.1,68,000/- per acre. Being aggrieved by the same, the claimant/appellant has filed this appeal for further enhancement of compensation.

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Sri.Harshavardhan.R.Malipatil, learned

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counsel for the appellant submits that, land bearing Sy.No.2/1/3A situated at Balundagi village was acquired under the same notification dated 09.02.2006 for the purpose of construction of Bhima Lift Irrigation Project. This Court in the appeal filed by the beneficiaries in MFA.No.201883/2014 (LAC) granted compensation of Rs.4,15,000/- per acre for irrigated land. Therefore, he seeks for similar compensation in respect of the land in dispute.

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Per contra, Smt.Archana.P.Tiwari, learned

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counsel for the respondents No.1 and 2 is not in a position to dispute the judgment passed by this Court in MFA.No.201883/2014 (LAC). She contended that, since land in dispute is dry land, 2/3^rd amount is to be deducted for the dry land. She further contended that, the appellant is not entitled for the interest for the delay period in filing this appeal.

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Sri.Gourish.S.Kashampur, learned standing counsel appearing for respondents No.3 and 4 submits that, the First Appellate Court after considering the material available on record has rightly granted the compensation. Hence, he seeks for dismissal of the appeal.

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Heard the learned counsels appearing for the

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parties.

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It is not in dispute that, the land bearing

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Sy.No.2/1/3A situated at Balundagi village Tq: Afzalpur Dist: Kalaburagi was acquired under preliminary notification dated 09.02.2006 for the purpose of construction of Bhima Lift Irrigation Project. As per the judgment of this Court in MFA.No.201883/2014 (LAC) dated 23.01.2017, this Court has granted compensation of Rs.4,15,000/- per acre for irrigated land. The land in dispute in this case is also situated at Balundagi Tq: Afzalpur Dist: Kalaburagi. This land has been acquired under the notification dated 09.02.2006 and for the same purpose of Bhima Lift Irrigation Project. This Court in the judgment of MFA.No.201883/2014 (LAC) has determined the compensation in respect irrigated land. In respect of dry land 2/3^rd of the amount, which has been determined for the irrigated land has to be awarded. This Court in MFA.No.201883/2014 (LAC) in respect of irrigated land compensation has been awarded Rs.4,15,000/- per acre, 2/3^rd would be comes

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to Rs.2,76,666/- per acre. Accordingly, it requires to

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enhance the compensation of Rs.2,76,666/- per acre for dry land.

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For the reasons stated above, the appeal is allowed with costs. The judgment and award passed by the I. Additional District Judge Kalaburagi is modified. The claimant/appellant is entitled for the compensation of Rs.2,76,666/- per acre for dry land with all statutory benefits.

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It is made clear that, there is a delay of 826 days in filing the appeal. The appellant is not entitled for the interest, in respect of delayed period of 826 days in filing the appeal before this Court.

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Appellant is granted four weeks time to pay deficit Court fee.

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KJJ

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Sd/JUDGE

Shivanand v. the Principal Secretary and Ors.

Case brief

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Shivanand v. the Principal Secretary and Ors.

Case brief

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