Partly allowed

Vidyadevi W/O. Somashekhar Patil v. the Special Land Acquisition Officer

Karnataka HC7 Dec 2022MFA/100945/2014

Case brief

AI extract

What is this about?

The High Court allowed the first appeal filed by land losers seeking enhancement of compensation under Section 54(1) of the Land Acquisition Act. Modifying the Reference Court's award, the court determined the market value at Rs. 5,00,000/- per acre based on government policy decisions, while upholding statutory benefits and excluding delay periods.

What did the court decide?

Impugned judgment and award modified; market value enhanced to Rs. 5,00,000/- per acre. Statutory benefits, costs, and interest granted excluding delay period.

Vidyadevi W/O. Somashekhar Patil Vs the Special Land… — Land Acquisition | Karnataka HC (2022)

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MFA No. 100945 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE R.NATARAJ

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MISCELLANEOUS FIRST APPEAL NO. 100945 OF 2014 (LAC)

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BETWEEN:

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VIDYADEVI W/O. SOMASHEKHAR PATIL AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O: PROFESSORS COLONY, JAMKHANDI,

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DIST: BAGALKOT.

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PRABHURAJ S/O SOMASHEKHAR PATIL AGE: 26 YEARS, OCC: STUDENT, R/O: PROFESSORS COLONY, JAMKHANDI,

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DIST: BAGALKOT.

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SANDEEP S/O SOMASHEKHAR PATIL AGE: 22 YEARS, OCC: STUDENT, R/O: PROFESSORS COLONY, JAMKHANDI,

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DIST: BAGALKOT.

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HEMANT S/O SOMASHEKHAR PATIL AGE: 16 YEARS, OCC: STUDENT, R/O: PROFESSORS COLONY, JAMKHANDI, DIST: BAGALKOT.

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(BY SRI. ANIL KALE, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER HIPPARAGI PROJECT, ATHANI, DIST: BELGAUM.

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The KARNATAKA NIRAVARI NIGAM LIMITED, REPRESENTED BY MANAGING DIRECTOR

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(BY SMT. GIRIJA S HIREMATH, HCGP FOR R1; SRI. RAMESH N MISALE, ADV., FOR R2)

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…APPELLANTS

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…RESPONDENTS

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MFA No. 100945 of 2014

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THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 31.10.2013 PASSED IN LAC NO. 91/2012 AND ENHANCE THE COMPENSATION AMOUNT FROM RS.2,11,500/- PER ACRE TO RS.3,15,000/- PER ACRE, IN THE INTEREST OF JUSTICE AND EQUIRY.

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THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the land-losers seeking enhancement of compensation awarded by the Reference Court in L.A.C.No.91/2012.

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The land in question is Survey No.482, measuring 2 acre 20 guntas and situate at Hipparagi village, Jamakhandi taluk, which was notified for acquisition for the benefit of the respondent in terms of the notification dated 24.05.2007. An award was passed on 11.12.2010 determining the market value of the acquired land at a sum of Rs.1,28,835/- per acre. Feeling aggrieved by the quantum of compensation awarded, the landlosers sought reference under Section 18(1) of the Land Acquisition Act, which was registered in LAC No.91/2012 by the Reference Court. Based on the oral and documentary evidence, placed before the Reference Court, the compensation was enhanced to a sum of Rs.2,11,500/- per acre along with

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MFA No. 100945 of 2014

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statutory benefits etc., The land-losers being aggrieved by the quantum of compensation have filed this appeal contending that the land in question was irrigated land, which was cultivated for sugarcane. They claimed that the market value of the land at the time of the acquisition was Rs.40 Lakhs to Rs.50 Lakhs per acre and therefore, the award passed by the Reference Court is unjust and the compensation awarded by the Reference Court is meager.

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The learned High Court Government Pleader submitted that the enhanced compensation awarded by the Land Acquisition Officer is just and proper while the learned counsel for respondent No.2 justified the same and contended that the Reference Court has taken into account the revenue records which indicated that the land in question was dry land and it determined the compensation based on crop capitalization. He submitted that in similar such acquisitions, the compensation was determined at a sum of Rs.2,35,000/- in respect of the acquisitions in the year 2000 and therefore, the Reference Court was justified in determining the same at a sum of Rs.2,11,500/- per acre.

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MFA No. 100945 of 2014

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Learned counsel for the land-losers submitted that

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the respondent No.2 has taken a policy decision to award a sum of Rs.5,00,000/- as market value in respect of acquisition of land between 2004-05 to 2007-08, which is not seriously disputed by the learned counsel for the respondents.

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In that view of the matter, the claimants/landlosers are also entitled to similar treatment in view of Section 28-A of the Land Acquisition Act.

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Therefore, the appeal is allowed in part and impugned judgment and award passed by the Reference Court is modified and the market value of the acquired land is determined at a sum of Rs.5,00,000/- per acre. The appellants are entitled to statutory benefit, cost and interest in accordance with law but excluding the period of delay if any, in filing this appeal. The appellants shall make good the deficit Court fee if any, within four weeks from the date of this judgment.

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Sd/JUDGE

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YAN

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List No.: 1 Sl No.: 11

Vidyadevi W/O. Somashekhar Patil v. the Special Land Acquisition Officer

Case brief

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What did the court decide?

Vidyadevi W/O. Somashekhar Patil v. the Special Land Acquisition Officer

Case brief

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