Appeal against land reference fixing compensation at Rs.37,332/- per gunta; held value understated and enhanced to Rs.74,664/- based on inflation and proximity.
Enhanced compensation fixed at Rs.74,664/- per gunta with statutory benefits and solatium.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
AND
THE HON’BLE MR. JUSTICE C.M.JOSHI
M.F.A. No.4325 OF 2021 (LAC)
C/W
M.F.A. NO.4260/2021(LAC)
IN MFA NO. 4325 OF 2021
BETWEEN:
SRI. K MANJEGOWDA
S/O SRI APPAJI GOWDA,
CURRENTLY AGED ABOUT 68 YEARS
KADAVINAKOTE VILLAGE,
HALEKOTE HOBLI,
HOLENARASIPURA TALUK
HASSAN DISTRICT - 573 211.
...APPELLANT
(BY SRI.S.SUNIL RAO ADVOCATE FOR SRI.T.SESHAGIRI RAO)
AND:
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…RESPONDENTS (BY SRI H.K.BASAVARAJ, AGA FOR R1-R4;)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED 21.11.2019 PASSED IN LAC NO.9/2018 ON THE FILE OF SENIOR CIVIL JUDGE & J.M.F.C, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE MADE BY 1ST RESPONDENT UNDER SECTON 18(1) OF LAND ACQUISITION ACT.
IN MFA NO. 4260/2021
BETWEEN:
...APPELLANT
(BY SRI.SUNIL.S. RAO ADVOATE FOR SRI.T.SESHAGIRI RAO)
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AND:
…RESPONDENTS
(BY SRI H.K.BASAVARAJ, AGA FOR R1-R4)
THIS M.F.A. IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED 21.11.2019 PASSED IN LAC NO.17/2018 ON THE FILE OF SENIOR CIVIL JUDGE & J.M.F.C, HOLENARASIPURA PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTON 18(1) OF AND ACQUISITION ACT.
THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THROUGH VIDEO CONFERENCING AT KALABURAGI BENCH, THIS DAY C.M.JOSHI J, DELIVERED THE FOLLOWING:
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JUDGMENT
MFA NO.4325/2021 is filed by the petitioner-K. Manjegowda, against the judgment and award dated 21.11.2019 passed in LAC No.9/2018 and MFA No.4260/2021 is filed by the petitioner- Javaregowda @ Ganesha against the judgment and award dated 21.11.2019 passed in LAC No.17/2018 by the learned Senior Civil Judge & JMFC, Holenarasipura.
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1st respondent-Special Land Acquisition Officer,
Hassan, has acquired the lands bearing Sy.No.70/2 measuring 7 guntas and bearing Sy.No.11/1 measuring 7 3/4 guntas belonging to the petitioners, namely, Manjegowda and Javaregowda @ Ganesh, situate at Kadavinakote Hantha village, Halekote Hobli, Holenarasipura Taluk along with other lands by issuing 4(1) Notification dated 28-6-2007 for the purpose of construction of bridge exit road or outer ring road across Hemavathi river. After acquiring the lands, 1st respondent has awarded compensation of Rs.75,500/and Rs.75,440/- respectively and issued award notice on 11.11.2016 and after receipt of said award notices, petitioners have received the amount with protest and also filed applications under Sections 18(1) of the Act, for enhancement on 23.11.2016 contending that lands acquired are more fertile and they were growing commercial crops and getting more income and are situated adjacent to Holenarasipura Town adjacent to petrol bunk, sawmill, weighbridge, dhaba, huge power
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installation and other commercial establishments and therefore, the compensation awarded is too low, nominal and disproportionate to the existing market value Of the land and inadequate and confiscatory in nature.
respondent and in pursuance to the notice issued by the Reference Court, petitioners and respondents appeared through their counsel.
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Acquisition Act and that the petitions filed under Section 18(1) of the Land Acquisition Act are barred by limitation and prayed to dismiss the same.
Exs.P1 to P41 and on behalf of respondents, one Puttaraju is examined as RW1 and got marked Exs.R1 to R3.
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materials available on file, has partly allowed the petitions and fixed the market value of the lands in question at Rs.37,332/- per gunta along with all other statutory benefits in both the petitions.
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contended that it is less than 100 Meters from APMC yard and 120 Meters from the Industrial area. It is contended that Chittanahalli Housing Board Layout is less than 120 meters and therefore, these proximity points were not considered by the Reference Court. It is contended that the appellants had produced the awards pertaining to lands acquired in Haradanahalli village which was not tactically placed as that of the lands acquired in the present case and even then the valuation of the lands was made at Rs.1,00,000/- per gunta. It is contended that the Reference Court failed to consider the proximity points that could be found in the evidence produced.
the Reference Court has considered an obsolete award of the year 2002 and has given an escalation of 10%. It is contended that the other documentary evidence which was available before the court was not considered including Ex.P40 which is Holenarasipura Town Map covering Kadavinakote village to understand the nature and positioning of the land.
10
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Additional Government Advocate appearing for the
respondents.
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taken note of by the Reference Court. He submitted that the very purpose of the acquisition of the lands was to create exit road for the bridge to the Hemavathi river and on one bank of Hemavathi river Holenarasipura town is situated and on the other bank Kadavinakote village is situated. Therefore, the potentiality of the lands acquired should have been considered by the Reference Court and the commercial value of the properties at Holenarasipura town should also have been considered by the Reference Court. In this regard, he tried to demonstrate that, the guideline value for the commercial property adjoining the main road till Hemavathi Circle of Holenarasipura prescribe Rs.3,390/- per square meter for the year 2007-2008 and this aspect should have been considered by the Reference Court.
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Therefore, he submits that there is no need to enhance the market value of the land acquired.
village map of Kadavinakote, Haradanahalli, Holenarasipura taluk and town, Dakshina nala are produced at Exs.P10 to P14. These documents demonstrate the location of Hemavathi bridge and it is evident that Kadavinakote is situated adjoining Holenarasipura town. Therefore, the construction of the bridge across the Hemavathi river was undertaken and to create the exit road, the lands belonging to the appellants herein were acquired. Therefore, the proximity of the lands acquired show that it was adjoining Holenarasipura Town, but it was across Hemavathi river. However, Haradanahali was situated at longer distance from Holenarasipura town.
are the awards passed in LAC No.17/2014, 4/2014, 5/2014 9/2014 11/2014, 16/2014 18/2014 to 21/2014 and these
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awards pertain to the acquisition of smaller portions of the lands for Kamasamudra Lift Irrigation Project. The Preliminary notification for the acquisition was made on 25-1-2007 and final award was passed on 13-12-2010 and the valuation made by the SLAO was Rs.33,000/- per acre. The said market value was enhanced to Rs.1,00,000/- per gunta on account of various considerations which may be found therein. It is also evident that those lands were situated about 8 to 10 kms from Holenarasipura town.
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land has got same potentiality as the lands involved in Ex.P9. On the same ground, it also rejected another sale deed which is at Ex.P41 dated 31-8-2009. The PW6 happens to be the AEE of Holenarasipura and PW7 happens to be the Chief officer of Municipality of Holenarasipura. Their evidence also disclose about the location of the lands acquired. It is evident that their evidence has not been properly appreciated by the Reference Court. The Reference Court has chosen to consider the compensation awarded in LAC Nos.306/2006, 304/2006,305/2006 and 307/2006, which is at Ex.P7 and 8, pertaining to the Preliminary notification dated 3-1-2002 and concluded that it is almost similar to the purpose of acquisition in the present cases and the lands acquired are situated in the same village i.e.Kadavinakote. It squarely depended on the said award and determined the market value at Rs.37,332/- per gunta.
acquisitions were made for the purpose of construction of
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the bridge for Hemavathi River at Holenarasipura town by 4(1) notification dated 3.1.2002 followed by 6(1) notification dated 6.2.2003. There cannot be any doubt that the project involved in the present case and in Exs.P7 and P8 are one and the same. However the acquisitions were made in 2002 and in the present case it was in 2007. Obviously, the bridge was constructed and for the exit road additional lands were acquired. The Reference Court in LAC No. 306/2006 and connected matters came to the conclusion that the lands acquired were in the proximity to the town of Holenarasipura and has also appreciated the evidence placed on record. It considered the sale deed dated 17-12-97 concerning an adjacent land, which indicated the market value of Rs 26,666/- per gunta and applying the price escalation of 10% per year by relying on the decision in the case of Krishi Utpadan Mandi
Samiti, Sahaswan District Badaun Vs Bipin Kumar
and another1 determined the market value in 2002 to be Rs 37,332/- and awarded the compensation. The same
1 (2004)2 SCC 283
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market value was adopted by the Reference Court even though the acquisition was made in 2007.
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and P8 are as below:
Ex.P5 and P6
| LAC NOS. |
Place | Preliminary notification date |
Date of award and amount awarded by SLAO |
Enhancement made by Reference Court |
Purpose distance |
and |
|---|---|---|---|---|---|---|
| 17/14,4 to 9/14 and 11/14 |
Haradanahalli Village, Halekote Hobli, Holenarasipura taluk |
25-01-07 | 13-12-2010 Rs.33,000/- per acre |
Rs.1,00,000/- per gunta |
Formation Kamasamu Lift irrig project. 8 to 10 from Holenarasi Town |
of dra ation kms pura |
Ex.P7 and P8
| LAC NOS. |
Place | Preliminary notification date |
Date of award and amount awarded by SLAO |
Enhancement made by Reference Court |
Purpose and distance |
|---|---|---|---|---|---|
| 306/06, 304/06, 305/06 & 307/06 |
Dakshinanala of Holenarasipura town and Kadavinakote |
3-1-2002 | Rs.2,522/- per gunta |
Rs.37,332/- per gunta |
Construction of Bridge across the Hemavathi river at Holenarasipura town |
followed the market value fixed in LAC 306/2006 and connected cases which was concerning the acquisition of 2002. It did not consider the appreciation in the price from 2002 to 2007. In our considered opinion, applying the
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market value of 2002 in 2007 cannot be justified at all. There is no dispute that both the acquisitions were for the project of construction of the bridge across Hemavati river. From the year 2002 to 2007, the price appreciation has to be considered at 20% per annum owing to the fact that the bridge was constructed, land was abutting the national Highway, various business establishments had come up in the locality, connectivity to the property of the appellants had increased. Hence, we are of the opinion that from 2002 to 2007, the appreciation has to be 100% and as such, the market value of the acquired property is held to be Rs.74,664/- per gunta.
supra, the appeals deserve to be allowed in part. Hence, the following:
ORDER
The appeals are allowed in part.
The appellants are entitled for compensation at the rate of Rs.74,664/- per gunta in respect of the acquired
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lands and they are also entitled for all statutory benefits, including solatium, additional market value and the interest. The impugned judgment and award passed by the Reference Court in both the appeals are modified to
that extent.
Sd/JUDGE
Sd/JUDGE
tsn*
K. Manjegowda (and Javaregowda @ Ganesh)
Special Land Acquisition Officer, Hassan
K.Somashekar
C.M.Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
