Allowed

Sri Siddaramegowda v. Special Land Acquisition

Karnataka HC23 Nov 2023MSA/5/2022

Case brief

AI extract

What is this about?

This miscellaneous appeal concerns the enhancement of land acquisition compensation. The appellant, whose land compensation was enhanced to Rs. 3,90,000/-. per acre in a prior decision, argued for equality based on another case in the same village awarding Rs. 11,26,627/. per acre. The High Court allowed the appeal, enhancing the compensation to Rs. 11,26,627/. per acre with interest and statutory

What did the court decide?

Compensation enhanced from Rs. 3,90,000/- per acre to Rs. 11,26,627/- per acre, along with interest and other statutory benefits.

Sri Siddaramegowda Vs Special Land Acquisition — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC:42247 MSA No. 5 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ MISCELLANEOUS SECOND APPEAL NO. 5 OF 2022 (LA)

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BETWEEN:

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SRI. SIDDARAMEGOWDA S/O LATE RAMEGOWDA, AGED ABOUT 70 YEARS, R/AT KADAVEKATTEHUNDI VILLAGE, VARUNA HOBLI, MYSURU TALUK-570010

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…APPELLANT

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(BY SRI. TIMMANNA BHAT, ADVOCATE)

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AND:

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SPECIAL LAND ACQUISITION OFFICER KABINI RESERVOIR PROJECT, NEAR ANDOLANA CIRCLE, RAMAKRISHNA NAGARA, MYSURU-570022.

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…RESPONDENT (BY SRI. M. SRINIVAS KUMAR, HIGH COURT GOVERNMENT)

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT DATED 01.12.2010 PASSED IN LACA 3/2009 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT DATED 28.03.2007 PASSED IN LAC NO.164/2006 ON THE FILE OF THE 1^ST ADDITIONAL CITY JUDGE (SR.DN) MYSURU, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18 OF THE LAND ACQUISITION ACT.

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

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NC: 2023:KHC:42247 MSA No. 5 of 2022

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JUDGMENT

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The appellant has challenged the common judgment dated 01.12.2010 passed by the III Additional Sessions Judge, Mysuru (henceforth referred to as 'Appellate Court') in LACA No.3/2009 by which, the compensation awarded by the reference Court in LAC No.164/2006 was enhanced to a sum of Rs.3,90,000/- per acre.

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The appellant claims to be the owner of the land bearing Sy.No.325/1, measuring 7 guntas situate at Yadakola village, Varuna Hobli, Mysuru Taluk, which was proposed for acquisition in terms of a preliminary notification dated 19.07.2001. The Land Acquisition Officer passed an award determining the compensation payable to the appellant at a sum of Rs.48,400/- per acre. The appellant sought reference under Section 18 of the Land Acquisition Act, 1894. The reference Court in terms of its judgment dated 28.03.2007, enhanced the compensation to a sum of Rs.2,24,939/-. In the first appeal filed by the appellant under Section 54(2) of the Land Acquisition Act, the Appellate Court enhanced the compensation to a sum of Rs.3,90,000/- per acre.

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NC: 2023:KHC:42247 MSA No. 5 of 2022

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The appellant has now filed this appeal contending that in respect of the very same village, which was acquired by the very same notification, the compensation is determined at a sum of Rs.11,26,627/- per acre in LACA No.15/2015 dated 03.08.2015. He therefore, prays that the compensation awarded by the Appellate Court in LACA No.3/2009 may be enhanced.

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The learned counsel for the appellant relied upon Section 28A of the Land Acquisition Act, 1894 and contended that the appellant is entitled to be treated alike and the compensation of Rs.3,90,000/- awarded by the Appellate Court deserves to be enhanced to Rs.11,26,627/- per acre.

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The learned High Court Government Pleader did not dispute the aforesaid and contended that the land acquired, which was the subject matter of the appeal in LACA No.15/2015 was situate in the same village as that of the appellant and that it was acquired under the very same notification.

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NC: 2023:KHC:42247 MSA No. 5 of 2022

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In view of the aforesaid and having regard to the

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purpose of Section 28A of the Land Acquisition Act, 1894, this appeal deserves to be allowed.

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Consequently, this appeal is allowed . The

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compensation of Rs.3,90,000/- per acre awarded by the III Additional Sessions Judge, Mysuru in LACA No.3/2009 is enhanced to Rs.11,26,627/- per acre along with interest and other statutory benefits. It is needless to mention that the appellant shall not be entitled to interest for a period of 3313

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days, which is the delay in filing this appeal.

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Sd/JUDGE

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PMR

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List No.: 2 Sl No.: 2

Sri Siddaramegowda v. Special Land Acquisition

Case brief

What is this about?

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Sri Siddaramegowda v. Special Land Acquisition

Case brief

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