Partly allowed

Sri. Basavaraj and Ors. v. the Commissioner and Ors.

Karnataka HC25 Jan 2022MFA.CROB/200015/2018

Case brief

AI extract

What is this about?

Cross objectors challenged the quantum of compensation under the Land Acquisition Act. The High Court applied the doctrine of parity based on a connected matter where compensation was enhanced for similarly situated land losers. The court modified the lower court award and enhanced compensation.

What did the court decide?

MFA CROB allowed; impugned judgment and award modified; compensation enhanced to Rs.195/- per sq. ft.

Sri. Basavaraj and Ors. Vs the Commissioner and Ors. — Land Acquisition | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

¶3

DATED THIS THE 25^TH DAY OF JANUARY 2022

¶4

PRESENT

¶5

THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR

¶6

AND

¶7

THE HON’BLE MRS.JUSTICE K.S.HEMALEKHA

¶8

MFA CROB NO.200015/2018 (LAC)

¶9

BETWEEN:

¶10

Sri.Basavaraj S/o Shankreppa, Aged about 79 years,

¶11

Sri.Veerabhadrappa S/o Shankreppa, Aged about 71 years,

¶12

Sri.Shivaraj S/o Shankreppa Mahoor, Aged about 75 years,

¶13

All are R/o Kotnoor (D), Tq. & Dist: Kalaburagi.

¶14

... ...Cross Objectors

¶15

(By Smt. Ratna N.Shivayogimath, Advocate)

¶16

AND:

¶17

The Commissioner, Gulbarga Development Authority, Kalaburagi.

¶18

The Assistant Commissioner & Land Acquisition Officer, Kalaburagi.

¶19

¶20

3. The Deputy Commissioner, Kalaburagi, Dist: Kalaburagi.

¶21

..... Respondents

¶22

(By Sri.Shivakumar R.Tengli Additional Government Advocate for R1;

¶23

By Sri. Mallikarjun C.Basareddy, HCGP for R2 & R3)

¶24

This MFA CROB is filed under Order 41 Rule 22 of the Civil Procedure Code, praying to call for the records and allow this appeal by modifying the judgment and award dated 05.10.2016 passed by the learned I Addl. Senior Civil Judge, Kalaburagi in LAC No.533/2012 and award compensation as prayed for in the interest of justice and equity.

¶25

This MFA CROB coming on for orders this day, S.R.Krishna Kumar, J, delivered the following:

¶26

JUDGMENT

¶27

This Cross Objection has been filed by the claimants before the reference court (I Addl. Senior Civil Judge, Kalaburagi) to challenge the impugned judgment and award passed in LAC No.533/2012 as regards the quantum of compensation awarded by the reference court.

¶28

Learned counsel for the Cross Objectors and

¶29

learned High Court Government Pleader for respondent Nos.2 and 3 and learned counsel for respondent No.1-authority and perused the material on record.

¶30

¶31

Learned counsel for the parties jointly submit that

¶32

aggrieved by the impugned judgment and award, the respondent No.1authority had preferred MFA No.200823/2017 which was dismissed by this court along with connected matters vide final judgment and award dated 22.12.2021. It is submitted that in the very same judgment and award passed by this court, apart from dismissing MFA No.200823/2017, this court enhanced compensation payable in favour of other land losers by awarding compensation at Rs.195/- per sq. ft as against Rs.62/- per sq. ft. awarded by the reference court. The said joint submission of learned counsel is placed on record.

¶33

The material on record indicate that by the impugned judgment and award, the reference court awarded compensation at Rs.62/- per sq. ft. in favour of the claimants/cross objectors. So also the appeal in MFA No.200823/2017 filed by the Kalaburagi Urban Development Authority was dismissed by this court vide judgment and

¶34

¶35

award dated 22.12.2021. It is also pertinent to note that in the

¶36

very same judgment and award, in respect of adjacent similarly situated land loosers covered under the same notification, this court enhanced compensation from Rs.62/per sq. ft. to Rs.195/- per sq.ft. Under these circumstances in view of the aforesaid decision by this court referred to supra

¶37

and by applying the doctrine of parity, we are of the considered opinion that the present cross objection deserves

¶38

to be allowed and compensation at Rs.195/- per sq. ft. deserves to be awarded as against Rs.62/- per sq. ft. awarded by the reference court.

¶39

5. In the result, we proceed to pass the following:

¶40

ORDER

¶41

i) MFA CROB No.200015/2018 is hereby partly allowed in terms of judgment and award dated 22.12.2021 passed in MFA No.200823/2017 and connected matters.

¶42

ii) The impugned judgment and award dated 05.10.2016 passed by the I Addl. Senior Civil Judge, Kalaburagi in LAC No.533/2012 is hereby modified .

¶43

¶44

iii) The claimants/Cross objectors are entitled to enhanced compensation at Rs.195/- per sq. ft. as against Rs.62/- per sq.ft. awarded by the reference court together with costs, all statutory benefits, interest etc., payable in favour of the claimants.

¶45

Sd/JUDGE

¶46

Sd/JUDGE

¶47

SMP

Sri. Basavaraj and Ors. v. the Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Sri. Basavaraj and Ors. v. the Commissioner and Ors.

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

Coram

Case details

Similar cases

Naginibai Vs the Commissioner of Police and Ors.

Smt Shivaganga and Ors. Vs Rajeev T and Ors.

Iffco Tokio Gen. Ins. Co. Ltd., Vs Laxmayya and Ors.

Sri. Basavaraj and Ors. Vs the Commissioner and Ors.

Sri. Basavaraj and Ors. Vs the Commissioner and Ors.

Bharati @ Bharatbai D/O Bhimrao Vs v Anubukkumar