Partly allowed

Sri.Rangegowda v. State of Karnataka by

Karnataka HC27 Jan 2023MSA/39/2021

Case brief

AI extract

What is this about?

The High Court allowed the appeal in part, applying the principle that discrimination between landowners acquiring under the same purpose is unfair. It fixed the market value of the subject land at Rs. 1,00,000 per gunta to maintain parity with a related case.

What did the court decide?

The appeal is allowed in part; market value fixed at Rs. 1,00,000 per gunta with statutory benefits; no interest for 876 days delay.

Sri.Rangegowda Vs State of Karnataka by — Land Acquisition | Karnataka HC (2023)

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MSA No. 39 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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MISCELLANEOUS SECOND APPEAL NO. 39 OF 2021 (LA)

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BETWEEN:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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SRI. RANGEGOWDA S/O NANJEGOWDA AGED ABOUT 71 YEARS AGRICULTURIST R/O BYLAHALLI VILLAGE SALAGAME HOBLI, HASSAN DISTRICT HASSAN-573 201.

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…APPELLANT

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(BY SRI N.PRAVEEN KUMAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER OFFICER, H.R.P.-2 OFFICE OF THE DEPUTY COMMISSIONER 1ST FLOOR, HASSAN-573 201.

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THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201.

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…RESPONDENTS

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MSA No. 39 of 2021

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(BY SMT. JYOTHI BHAT, HCGP FOR RESPONDENT/STATE)

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THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT AGAINST THE JUDGMENT AND DECREE DATED 02.08.2017 PASSED IN LAC APPEAL NO.30/2017 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 21.04.2011 PASSED IN LAC NO.122/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN. PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT.

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

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JUDGMENT

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The claimant has filed this appeal challenging the judgment and award dated 21.04.2011 passed by the Additional Senior Civil Judge, at Hassan in LAC No.122/2009 and the judgment and award dated 2.8.2017 passed by the 5th Additional & Sessions Court, at Hassan in LAC Appeal No.30/2017, whereby the market value fixed by the Reference Court was confirmed at Rs.6,000/- per gunta.

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The land bearing Sy.No.110/1A measuring 3 guntas situated at Bylahalli Village, Salgame Hobli, Hassan taluk, was acquired for the purpose of Yagachi Reservoir Project under the preliminary notification dated 29.07.2004 which culminated in

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MSA No. 39 of 2021

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passing of a award by the land acquisition officer fixing market value of the said land at the rate of Rs.29,000/- per acre by treating it as a dry land. Reference Court fixed the market value at the rate of 6,000/- per gunta against which, appellant/claimant filed an appeal before the District judge. Learned District judge by impugned judgment dismissed the appeal, against which the present appeal is filed by the claimant.

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Heard learned counsel for the appellant and learned HCGP for respondent.

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The Division Bench of this Court in MFA No.8760/2018 has fixed the market value of the land acquired therein for the very same purpose under the notification dated 11.02.2009 at Rs.1,00,000/- per gunta. The Hon'ble Apex Court in the case of "Union of India (UOI) Vs. Bal Ram and Anr.," reported in (AIR 2004) SC 3981 has held that it would be unfair to discriminate between the land owners to pay more to some and less to others when the purpose of acquisition is same and lands are identical and similar, though lying in different villages. Hence, the market value of the subject land

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MSA No. 39 of 2021

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which is acquired for the very same purpose is required to be

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fixed at the rate of Rs.1,00,000/- per gunta to maintain parity.

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Accordingly, I pass the following:

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ORDER

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(i) Appeal is allowed in part.

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(ii) Market of the value of subject land is fixed at Rs.1,00,000/- per gunta with all admissible statutory benefit including cost.

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(iii) It is made clear that appellant/claimant are not entitled for the interest for the delayed period of 876 days in filing the appeal.

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I.A.No.2/2021 does not survive for consideration in view of the disposal of the main appeal.

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Sd/JUDGE

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List No.: 1 Sl No.: 7

Sri.Rangegowda v. State of Karnataka by

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Sri.Rangegowda v. State of Karnataka by

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