Allowed

Sri. Yellappa S/O Basappa v. the Land Acquisition Officer

Karnataka HC6 Apr 2021MFA/100759/2018

Case brief

AI extract

What is this about?

The High Court allowed the first appeal challenging the award in LAC.No.36/2013. Harmonizing with the principle that similar lands under the same project notification require uniform compensation, the Court enhanced the market value from Rs.30,000 to Rs.3,80,000 per acre.

What did the court decide?

Market value fixed at Rs.3,80,000 per acre with statutory benefits, cost, and interest; office to draw award accordingly.

Sri. Yellappa S/O Basappa Vs the Land Acquisition Officer — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 06^TH DAY OF APRIL, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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M.F.A.NO.100759/2018 (LAC)

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BETWEEN :

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SRI YALLAPPA S/O BASAPPA, AGED ABOUT 49 YEARS, OCC: AGRICULTURE, R/O: BHEEMANUR, TQ & DIST: KOPPAL-583201.

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SANNA PHAKEERAPPA S/O BASAPPA AGED ABOUT 51 YEARS, OCC: AGRICULTURE, R/O: BHEERANUR, TQ & DIST: KOPPAL-583 201.

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... APPELLANTS

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(BY SRI B.SHARANABASAWA, ADV.)

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AND :

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THE LAND ACQUISITION OFFICER, AND ASSISTANT COMMISSIONER, TQ & DIST: KOPPAL-583201.

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THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, KUSHTAGI, DIST: KOPPAL-583201.

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... RESPONDENTS

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(BY SRI V.S.KALASURMATH, HCGP)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894 AGAINST THE JUDGMENT AND AWARD DATED 24.01.2017 PASSED IN LAC.NO.36/2013 BY THE SENIOR CIVIL JUDGE AT KOPPAL.

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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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Though this appeal is listed for admission, with the consent of learned counsel appearing for both the counsels, the same is taken up for final disposal.

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The captioned appeal is filed by the land owners challenging the judgment and award passed by the Reference Court in LAC.No.36/2013. The appellants land bearing Sy.No.34(34/2) measuring 1 acre 34 guntas situated at Bhimanur village was acquired for the purpose of construction of percolation tank at Gabbur village in Koppal Taluk under preliminary notification dated 30.11.2006. The Special Land Acquisition Officer fixed the market value at Rs.30,000/- per acre.

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Being aggrieved by the inadequate price fixed by the Special Land Acquisition Officer, the appellants sought reference. Before the Reference Court the appellants led in ocular evidence and relied on documentary evidence vide Exs.P.1 to P.31. The

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reference Court having clubbed several reference applications has passed common order by re-fixing the market value of Rs.2,04,767/- per acre. The present appeal is filed seeking further enhancement of compensation.

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Learned counsel appearing for the appellants have placed on record, the judgment rendered by this Court in LAC.A.No.15/2019. Placing reliance on the said judgment, he would submit to this Court that the lands are acquired under the same project and under the same notification. The market value is fixed at Rs.3,80,000/- per acre. By relying on this judgment, he would submit to this Court that the appellants’ land which is identical in fertility are also entitled for the same market value i.e., fixed by the Appellate Court in LAC.A.No.15/2019.

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Learned High Court Government Pleader would submit to this Court that the State has not preferred any appeal challenging the judgment and award passed in LAC.A.No.15/2019.

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Since it is not in dispute that the subject matter of the land covered under the present appeal are identical and similar in nature to the lands referred to in LAC.A.No.15/2019, I am of the view that the appellants are also entitled to the market value fixed at Rs.3,80,000/per acre as awarded in LAC.A.No.15/2019.

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The Hon’ble Apex Court in the case of Union of India Vs. Bal Ram and Another¹ has held that, where similar lands are acquired under the same project, the same market value has to be uniformly paid, irrespective of the fact that the lands are situated at different villages by following the principles laid down by the Hon’ble Apex Court as stated supra, I am of the view that, the appellants are also entitled to the market value at the rate of Rs.3,80,000/- per acre. Accordingly, I pass the following:

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: ORDER :

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a. Appeal is allowed.

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1 AIR 2004 Supreme Court 3981

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b. Market value of the land bearing Sy.No.34(34/2) measuring 1 acre 34 guntas situated at Bhimanur village acquired in the present case is fixed at Rs.3,80,000/- per acre.

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c. The appellants are entitled for statutory benefits, cost and interest.

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d. Since the appellants are restricted their claim at Rs.3,50,000/-, the deficient Court fee shall be paid.

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e. Office to draw award accordingly.

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Sd/JUDGE

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EM/-

Sri. Yellappa S/O Basappa v. the Land Acquisition Officer

Case brief

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Sri. Yellappa S/O Basappa v. the Land Acquisition Officer

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