Partly allowed

Smt. Shakuntal W/O Appasaheb Bolashetti v. the Special Land Acquisition Officer

Karnataka HC8 Dec 2022MSA/100026/2021

Case brief

AI extract

What is this about?

In a miscellaneous second appeal under the Land Acquisition Act, the High Court of Karnataka fixed the market value of disputed land at Rs. 5,08,000 per acre, aligning it with a coordinate bench's decision for the same project area, modifying the lower court's award.

What did the court decide?

Market value fixed at Rs.5,08,000 per acre; Judgment and Award modified; Liberty reserved for damages application.

Smt. Shakuntal W/O Appasaheb Bolashetti Vs the Special… — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON’BLE MS. JUSTICE JYOTI MULIMANI

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M.S.A. NO.100026 OF 2021

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BETWEEN:

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SMT.SHAKUNTAL W/O APPASAHEB BOLASHETTI, AGE:59 YEARS, OCC:AGRI, R/O JALIKOPPA, TQ:BAILHONGAL, DIST:BELAGAVI – 591 102. …APPELLANT

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(BY SRI K.H.BAGI, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, DHARWAD-II SAUNDATTI, NOW AT SECTOR 60, ROAD NO.10, NAVANGAR, BAGALKOT – 587 102 OPP. HINDI PRACHAR SHABHA, DHARWAD.

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KARNATAKA NEERAVARI NIGAM LTD., BY ITS EXECUCTIVE ENGINEER, MLBCC DIV NO.2, NAVILTHIRTH – 591 116, TQ:SAUNDATTI, DIST:BELAGAVI. …RESPONDENTS

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(BY SMT.GIRIJA S.HIREMATH., HCGP FOR R1; SRI.M.B.KANAVI., CGSC FOR R2)

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THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE III ADDL. DISTRICT JUDGE, BELAGAVI IN LACA NO.321/2012 DATED 22.11.2014 AND JUDGMENT AND

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AWARD PASSED IN L.A.C.NO.155/2011 PASSED BY SENIOR CIVIL JUDGE, BAILHONGAL DATED 10.01.2012 AND ETC.

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THIS MSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.K.H.Bagi., learned counsel for appellant and Smt.Girija S.Hiremath., learned HCGP for respondent No.1 have appeared in person.

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Sri.M.B.Kanavi., learned CGSC for respondent No.2 has appeared through video conferencing.

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Though the appeal is listed for orders, with the consent on behalf of learned counsel for respective parties, it is heard finally.

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This appeal is filed to modify the Judgment and Award dated:22.11.2014 passed by the III Addl. District Judge, Belgaum in L.A.C Appeal No.321/2012, wherein the learned Judge has dismissed the appeal filed by the Karnataka Neeravari Nigam Limited and partly allowed the Crossobjection/ Cross appeal filed by the claimant.

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The land bearing Sy.No.50/2A/2/2 measuring 25 guntas situated at Aravalli Village in Bailhongal Taluk was acquired by issuing a Preliminary Notification dated:25.06.2009 under Section 4(1) of the Land Acquisition Act for the purpose of Malaprabha Reservoir Project. The SLAO fixed the market value of the land in question at Rs.47,586/- (Rupees Forty Seven Thousand Five Hundred and Eighty Six only) per acre. Dissatisfied with the quantum of compensation awarded by the SLAO, the Claimant filed reference petition under Section 18(1) of the Land Acquisition Act for enhancement of compensation.

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The Reference Court fixed the market value at Rs.2,94,000/- (Rupees Two Lakh Ninety Four Thousand only) per acre in LAC No.155/2011 on the file of Senior Civil Judge, Bailhongal vide Judgment and Award dated:10.01.2012. The Karnataka Neeravari Nigam Limited challenged the award by filing an appeal in LAC Appeal No.321/2012 before the District Court. The Claimant also filed Cross-objection/ Cross appeal.

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The District Court fixed the market value of the land in question at Rs.3,00,000/- (Rupees Three Lakh only) per acre and dismissed the appeal filed by Karnataka Neeravari Nigam Limited and partly allowed the Cross-objection/ Cross appeal filed by the claimant. The Claimant is in appeal seeking for enhancement of compensation.

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Sri.K.H.Bagi., learned counsel for appellant submits that Coordinate Bench of this Court in M.F.A.Crob.918/2013 (LAC) dated:16.09.2016 fixed the market value in respect of land situated at Aravalli Village, Bailhongal Taluk which was acquired under the very same Notification dated:25.06.2009 and for the purpose of Malaprabha Project at Rs.5,08,000/- (Rupees Five Lakh and Eight Thousand only) per acre with all statutory benefits and costs. Hence, he submits that the market value of the land in question may be fixed at Rs.5,08,000/- (Rupees Five Lakh and Eight Thousand only) per acre.

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Learned HCGP and CGSC for respondents does not dispute that this Court in the aforesaid appeal has fixed the

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market value of the land in question at Rs.5,08,000/(Rupees Five Lakh and Eight Thousand only) per acre.

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Having regard to the submission made by learned counsel for the parties and also after perusing the materials on record, the market value of the land in question also requires to be fixed at Rs.5,08,000/- (Rupees Five Lakh and Eight Thousand only) per acre on par with the market value fixed by the Coordinate Bench of this Court in M.F.A.Crob.918/2013. In view of the same, the market value of the land in question is fixed at Rs.5,08,000/(Rupees Five Lakh and Eight Thousand only) per acre.

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Accordingly, the Miscellaneous Second Appeal is allowed in part . The Judgment and Award passed by the District Court is modified. The Claimant is entitled to market value of Rs.5,08,000/- (Rupees Five Lakh and Eight Thousand only) per acre with all statutory benefit, interest and costs.

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There is a delay in filing the appeal. Hence, appellant

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is not entitled for interest for delayed period.

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Liberty is reserved with the appellant to file an application before the concerned Land Acquisition Officer seeking for damages, if any, for the period between submergence of the land in question till the date of issuance of notification under Section 4(1) of the Land Acquisition Act. If any such application is filed the same to be considered and appropriate orders to be passed in accordance with law within a period of six months from the date of submission of such application.

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Sd/JUDGE

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TKN

Smt. Shakuntal W/O Appasaheb Bolashetti v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Smt. Shakuntal W/O Appasaheb Bolashetti v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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