Allowed

Sri G.R Jagannath v. Special Land Acquisition Officer

Karnataka HC6 Feb 2023MSA/35/2014

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a second appeal concerning land acquisition compensation. The court modified the market value by rejecting the 50% cultivation cost deduction, holding it should be 40% for personal cultivation, raising the value to Rs. 29,400 per acre.

What did the court decide?

The impugned judgments were modified and the market value of the land fixed at Rs. 29,400 per acre.

Sri G.R Jagannath Vs Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2023)

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MSA No. 35 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS SECOND APPEAL NO. 35 OF 2014

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BETWEEN:

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SRI. G.R. JAGANNATH, S/O LATE G.S.RAGHAVACHAR, AGED ABOUT 61 YEARS, R/A GORURU VILLAGE AND POST, HASSAN TALUK AND DISTRICT – 573 201.

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…APPELLANT

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(BY SRI. SUMANTH L BHARADWAJ., ADVOCATE)

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AND:

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SPECIAL LAND ACQUISITION OFFICER, HRP-11, HASSAN – 573 201.

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…RESPONDENT

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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(BY SMT.JYOTHI BHAT, HCGP)

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THIS MSA IS FILED U/SEC 100 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.08.2011 PASSED IN R.A.306/2009 ON THE FILE OF THE PRL. DISTRICT JUDGE (SR.DN.), HASSAN, ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 05.09.2009 PASSED IN LAC.102/1992 ON THE FILE OF THE PRL. CIVIL JUDGE (SR. DN.) HASSAN. PARTLY ALLOWING THE PETITION.

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MSA No. 35 of 2014

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

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JUDGMENT

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The land bearing Sy.No.198/4 situated at Thyagathoor Village, Kattaya Hobli, Hassan Taluk, measuring 1 Acre and 36 guntas was proposed to be acquired for the purpose of Hemavathi Reservoir Project by issuing Notification dated 19.06.1989 under Section 4(1) of the Land Acquisition Act which culminated in passing of an award by the Special Land Acquisition Officer fixing the market value at Rs.5,700/- per acre by considering it as dry land.

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The reference Court enhanced the market value to Rs.12,250/- per acre against which the appellant filed an appeal before the First Appellate Court under Section 54(1) of the Land Acquisition Act, 1894. The First Appellate Court enhanced the market value of the subject land to Rs.15,300/- per acre. Being dissatisfied, the present appeal is filed.

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Learned counsel for the appellant submits that, 50% of the agricultural income derived from the said

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MSA No. 35 of 2014

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land is deducted towards the cost of cultivation, which is on the higher side.

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On the other hand, learned High Court Government Pleader for the respondent-State submits that, in the absence on any material produced by the appellant, the Land Acquisition Officer and the First Appellate Court have rightly deducted 50% of the income towards the cultivation cost and

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the same does not warrant any interference.

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I have examined the submissions made by the learned counsels for the parties.

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The First Appellate Court has taken into account the yield of the crop at 20 quintals per acre, and the price of the potatoes per quintal at Rs.150/-, and fixed the market value by deducting 50% towards the cultivation cost by adopting the multiplier of '10'.

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The extent of land is 1 acre and 36 guntas, and the land was cultivated personally without using hired labourers. Hence, in my considered view, it would suffice if the cost of cultivation is taken at 40% of the total income.

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MSA No. 35 of 2014

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The claim of the appellant-Land owner is that he used

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to grow double crops and ragi was a second crop and he claimed that the land yielded 15 quintals of Ragi, but in the absence of any documentary evidence, the Reference Court has taken the yield of Ragi at 10 quintals per acre and the price of Ragi at Rs.190/- per quintal and deducted 50% of the income towards cultivation cost. In my considered view, the cost of cultivation should have been taken at 40% instead of 50%.

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The market value of the subject land is determined as follows:

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Potatoes-20 quintals x 150 = Rs.3,000/- and after deducting cost of cultivation at 40%, the market value comes to Rs.18,000/per acre. Ragi-10 quintals x 190 = Rs.1,900/- and after deducting cost of cultivation at 40%, the market value comes to Rs.11,400/(1900-760=1140*10). The market value is fixed at Rs.18,000 (+) Rs.11,400= Rs. 29,400/-

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Hence, the market value is determined at 29,400/- as against Rs.15,300/- determined by the First Appellate Court. Accordingly, I pass the following :

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ORDER

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i. The appeal is allowed in part.

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MSA No. 35 of 2014

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ii. The impugned judgment and award dated 10.08.2011 passed by the Principal District Judge, Hassan, in R.A.No.306/2009 and impugned judgment and award dated 05.09.2009 passed by the Principal Senior Civil Judge, Hassan, in LAC No.102/1992 are hereby modified and the market value of the subject land is fixed at Rs.29,400/- per acre with all admissible statutory benefits.

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To this extent the impugned judgment stands modified.

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Sd/JUDGE

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RKA

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List No.: 1 Sl No.: 39

Sri G.R Jagannath v. Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Sri G.R Jagannath v. Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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