Partly allowed

B Malleshappa v. the Chief Engineer Constructions

Karnataka HC2 Aug 2022MFA/5771/2014

Case brief

AI extract

What is this about?

This appeal concerns enhancement of compensation under the Land Acquisition Act. The High Court modified the award, holding that consistent with compensation awarded for similar lands acquired for the same railway project, the appellant land is entitled to a higher rate of `6,75,000/- per acre.

What did the court decide?

The impugned judgment fixing compensation at `6,07,500/- per acre is modified; the appellants are entitled to enhanced compensation at the rate of `6,75,000/- per acre with all statutory benefits.

B Malleshappa Vs the Chief Engineer Constructions — Land Acquisition | Karnataka HC (2022)

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MFA No. 5771 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02^ND DAY OF AUGUST, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE B.VEERAPPA

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AND

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THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA

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MISCELLANEOUS FIRST APPEAL No.5771 OF 2014 (LAC)

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BETWEEN:

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B. MALLESHAPPA, S/O MAHESHWARAPPA, AGE ABOUT 78 YEARS,

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VEERAPPA S/O MALLESHAPPA DEAD BY HIS LRS

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2(a) GANGAMMA W/O LATE VEERAPPA, AGE 76 YEARS,

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2(b) BASAVARAJ S/O LATE VEERAPPA, AGE: 56 YEARS,

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Digitally signed by MALATESH K C Location: High Court of Karnataka

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2(c) JAYAMMA D/O LATE VEERAPPA, AGE: 54 YEARS,

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2(d) MANJAMMA D/O LATE VEERAPPA, AGE: 52 YEARS,

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MFA No. 5771 of 2014

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2(e) SAROJA D/O LATE VEERAPPA,

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AGE: 53 YEARS,

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2(f) SURESH S/O LATE VEERAPPA,

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AGE: 54 YEARS,

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2(g) UMESH S/O LATE VEERAPPA, AGE: 46 YEARS,

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2(h) NAGARATHNA D/O LATE VEERAPPA, AGE: 44 YEARS,

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ALL ARE AGRICULTURISTS, R/O AMARAVATHI VILLAGE, HARIHAR TQ, 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 CHIEF ENGINEER CONSTRUCTIONS SOUTH WESTERN RAILWAY, NO.18, MILLERS ROAD, BANGALORE 560046.

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DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTH WESTERN RAILWAY, DAVANAGERE 587 701.

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THE EXECUTIVE ENGINEER (CONSTRUCTIONS) SOUTH WESTERN RAILWAY, KOTTUR-HARIHARA RAILWAY BROADGAUGE LINE, DAVANAGERE 587301.

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THE SPECIAL LAND ACQUISITION OFFICER KOTTUR-HARIHAR,

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MFA No. 5771 of 2014

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RAILWAY BROAD GAUGE LINE, HARIHAR DISTRICT, DAVANAGERE 577010

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…RESPONDENTS

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(BY SRI. NARAYANA SWAMY V K., ADVOCATE FOR R1 AND R2; SRI KIRAN KUMAR HIGH COURT GOVERNMENT PLEADER FOR R4; R3 IS SERVED BUT UNREPRESENTED)

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THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND DECREE DATED 30.04.2014 PASSED IN LAC No.87/2008 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, CJM, DAVANGERE, ALLOWING THE REFERENCE PETITION FOR COMPENSATION.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR HEARING THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:

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J U D G M E N T

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The appellants/claimants have filed the present Miscellaneous First Appeal for enhancement of compensation, against the judgment and award dated 30.04.2014 made in LAC No.87/2008 on the file of the Principal Senior Civil Judge and CJM, Davanagere, awarding `6,07,500/- per acre, with all statutory benefits.

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It is the case of the claimants that they are the owners of the land measuring 36 guntas in Sy.No.45/P situated at Kodihalli, Davanagere taluk, which was acquired by the

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MFA No. 5771 of 2014

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respondents by issuing preliminary notification dated 09.02.2006 under Section 4(1) of the Land Acquisition Act, for the purpose of formation of railway broad gauge line. In pursuance of the acquisition, possession of the lands was taken by the railways on 12.04.2006. The Land Acquisition Officer, by the award dated 28.01.2008, awarded compensation fixing the market value of the land at 37,040/- per acre. Being not satisfied with the award, the claimants filed reference before the Reference Court under Section 18 of the Land Acquisition Act. The Reference Court, enhanced the compensation to 6,07,500/- per acre with all statutory benefits. Therefore, the claimants have filed the present Miscellaneous First Appeal contending that the market value fixed by the Reference Court is much less than the existing market value of the property.

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The respondents have not filed any Appeal challenging the impugned judgment and award passed by the Reference Court.

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We have heard the learned counsel for the parties to the lis.

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MFA No. 5771 of 2014

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Sri Lokesh Malavalli, learned counsel for the appellants/ claimants contended that the impugned judgment and award passed by the Reference Court awarding 6,07,500/- per acre is erroneous, contrary to the material on record and cannot be sustained. He further contended that the Reference Court failed to appreciate that 10,00,000/- per acre claimed by the claimants itself is on lower compared to the actual market value prevailing during the relevant point of time. It is further contended that the appellants are agriculturists and their lands acquired by the respondents are situated at Kodihalli which are very close to State Highway and Bengaluru-Pune Highway and very close to Harihara and Davanagere Cities. The acquired lands are surrounded by factories, Biral Colony, KHB Colony, Colleges and as such, have high potentiality. Learned counsel further contended that, in view of the acquisition of the lands in question, the claimants are losing the agricultural lands and are not in a position to cultivate the land. Thereby, the claimants and their family members are deprived of their livelihood. Learned counsel further contended that the spot enquiry conducted by the SLAO, report of which is available on record discloses that the soil of the acquired lands is red and black and

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MFA No. 5771 of 2014

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they are fertile lands. The appellants/claimants used to grow jawar, hybrid maize, ragi and green gram. Learned Counsel further contended that the Ex.P.2 is the proceedings of the consent award passed by the SLAO, wherein, in respect of the very same Kodihalli village, market value was fixed at 6,75,000/- per acre. Ex.P.3 is the consent award proceedings in respect of lands situated at Dogahalli and in respect of the said lands also, market value is fixed at 6,75,000/- per acre. In respect of lands situated at Doddabathi village, market value is fixed at `7,50,000/- per acre, as per Ex.P.5. The said documents have not been considered by the Reference Court and thereby, erroneously proceeded to award lesser compensation. Thus, the impugned award passed by the Reference Court is liable to be modified and therefore, sought to enhance the compensation by allowing the Miscellaneous First Appeal.

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Per contra, Sri V.K.Narayana Swamy, learned counsel for respondent Nos.1 and 2, while justifying the impugned judgment and award passed by the Reference Court contended that, in similar circumstances, for the very same purpose of Kotturu-Harihara Railway Broad gauge line project, when the

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MFA No. 5771 of 2014

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lands situated at Dogahalli village, Harihara, were acquired by the notifications dated 11.05.2006, 08.03.2007 and 13.08.2009, and when the claimants approached this Court in MFA No.718/2014 and connected matters, the Division Bench, by the Judgment dated 09.07.2021 awarded `6,50,000/- per acre with all statutory benefits. Therefore, the claimants herein also are entitled to same compensation and nothing beyond that.

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Sri Kiran Kumar, learned High Court Government Pleader, contended that the compensation awarded by the Reference Court is just and proper and therefore, sought to dismiss the Miscellaneous First Appeal.

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In view of the rival contentions urged by the learned counsel for the parties, the only point that arises for our consideration is:

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“Whether the appellants/claimants have made out a case for further enhancement of compensation, in the facts and circumstances of the present case?”

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We have given our anxious consideration to the arguments advanced by the learned counsel for the parties and perused the entire material on record, carefully.

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MFA No. 5771 of 2014

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It is not in dispute that the land in question was acquired

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for the purpose of Kotturu-Harihara Railway Broad gauge Line Project, by issuing preliminary notification dated 09.02.2006 under Section 4(1) of the Land Acquisition Act and possession of the land was taken on 12.04.2006. The Land Acquisition Officer, by the award dated 28.01.2008 awarded compensation at the rate of `37,040/- per acre. It is also not in dispute that the Reference Court, considering the evidence of P.W.1 and the material documents Exs.P.1 to 30, has come to the conclusion that the claimants have established that the market value fixed by the SLAO is improper and the claimants are entitled to higher compensation.

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The Reference Court, relying upon Exs.P.2, 3 and 5, passed award fixing the market value at 6,07,500/- per acre. There is a gap of one year between preliminary notification dated 09.02.2006 and 01.02.2007, wherein, for the lands acquired vide preliminary notification dated 01.02.2007, market value was fixed at 6,75,000/- per acre. However, the fact remains that, in respect of the preliminary notifications issued on 11.05.2006, 08.03.2007 and 13.08.2009, this Court, in MFA

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MFA No. 5771 of 2014

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No.718/2014, enhanced the compensation from 5,50,000/- to 6,50,000/- and the said Judgment has reached finality.

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It is not in dispute that the appellants/claimants have lost the land in the acquisition made by the respondents for Kotturu-Harihara Railway Broad-gauge line and their dream for the lands remain shadow forever. The Reference Court, while awarding `6,07,500/-, has ignored the fact that the acquired lands include all benefits and ought to have awarded compensation accordingly. There cannot be any discrimination while awarding compensation in respect of the lands acquired for the same purpose. The said material aspect has not been properly considered by the Reference Court.

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The evidence of P.W.1 and the material documents Exs.P.1 to 30, in the absence of any rebuttal evidence produced by the respondents, clearly established that the market value of the land in question has to be awarded at `6,75,000/- per acre.

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On meticulous reconsideration of the oral and documentary evidence on record, we are of the considered opinion that the appellants/ claimants have made out a case for

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10 -

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MFA No. 5771 of 2014

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further enhancement of compensation. Accordingly, we answer

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the point raised for consideration in the affirmative.

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In view of the above, we pass the following:

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ORDER

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(i) The Miscellaneous First Appeal is allowed in part .

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(ii) The impugned judgment and award dated 01.02.2014 made in LAC No.8/2009 on the file of the Senior Civil Judge, Harihara, fixing the market value of the land in question at `6,07,500/- per acre, is hereby modified.

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(iii) The appellants/claimants are entitled for enhanced compensation at the rate of `6,75,000/- per acre, with all statutory benefits as contemplated under the Land Acquisition Act.

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(iv) Office to draw the decree accordingly.

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SD/JUDGE

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SD/JUDGE

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kcm

B Malleshappa v. the Chief Engineer Constructions

Case brief

What is this about?

What did the court decide?

B Malleshappa v. the Chief Engineer Constructions

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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