Allowed

Pamappa S/O Bangareppa Decd by Lrs v. the Land Acquisition Officer

Karnataka HC3 Jul 2024MFA/100762/2018

Case brief

AI extract

What is this about?

Land acquisition compensation enhancement appeal by land losers whose lands were acquired for a minor irrigation project. Both counsel agreed compensation should match prior judgments for neighbouring villages; court enhanced compensation to Rs.3,80,000 per acre with consequential benefits, denying interest for a 247-day delay.

What did the court decide?

Compensation enhanced to Rs.3,80,000/- per acre with consequential benefits and costs; no interest on delayed period of 247 days; decree after receipt of court fee.

Pamappa S/O Bangareppa Decd by Lrs Vs the Land… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:9098 MFA No. 100762 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.100762 OF 2018 (LAC)

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BETWEEN:

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PAMAPPA S/O. BANGERAPPA, SINCE DECEASED BY HIS LRS.

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HANUMAPPA S/O. PAMAPPA KALAL, SINCE DECEASED BY HIS LRS.

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1A SRI. RAGHAVENDRA S/O. HANUMAPPA @ HANUMATHAPPA KALAL, AGED ABOUT 38 YEARS,

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OCC. AGRICULTURE.

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1B SMT. DURGAMMA D/O. HANUMAPPA @ HANUMATHAPPA KALAL, AGED ABOUT 36 YEARS, OCC: AGRICULTURE.

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Digitally signed by MANJANNA E

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Location: HIGH COURT OF KARNATAKA

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1C SRI. VENKOBA S/O. HANUMAPPA @ HANUMATHAPPA KALAL, AGED ABOUT 33 YEARS, OCC: AGRICULTURE.

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1D SRI. MANJUNATH S/O. HANUMAPPA @ HANUMATHAPPA KALAL, AGED ABOUT 30 YEARS, OCC: AGRICULTURE.

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1E SMT. LAKSHMI D/O. HANUMAPPA @ HANUMATHAPPA KALAL, AGED ABOUT 29 YEARS, OCC: AGRICULTURE. APPELLANTS NO.1(A) TO 1(E) ARE RESIDENTS OF 19TH WARD, KURUBAR ONI, NEAR DURGAMMA TEMPLE, HOSAPETE

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TALUK AND DISTRICT: HOSAPETE.

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RAMANNA S/O. PAMAPPA KALAL AGED ABOUT: 52 YEARS OCC. AGRICULTURE, R/O. BHEEMANUR, TALUK AND DISTRICT: KOPPAL.

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SMT. SHANTHAMMA D/O. BANGERAPPA AND W/O. LATE MARTEPPA, AGED ABOUT: 54 YEARS, OCC: AGRICULTURE, R/O. BHEEMANUR TALUK AND DISTRICT: KOPPAL.

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…APPELLANTS

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(BY SRI B. SHARANABASAWA, ADVOCATE)

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AND:

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THE LAND ACQUISITION OFFICER, AND ASSISTANT COMMISSIONER, TALUK AND DISTRICT: KOPPAL.

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THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, KUSHTAGI, DISTRICT: KOPPAL.

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…RESPONDENTS

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(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1 AND R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, 1894 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 08.03.2017 PASSED BY THE SENIOR CIVIL JUDGE AT KOPPAL, IN LAC.NO.61/2013 BY ENHANCING THE COMPENSATION AND BY AWARDING SUCH OTHER STATUTORY AND MONETARY BENEFITS TO THE APPELLANTS, ALONG WITH INTEREST AND COSTS BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

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

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3 - NC: 2024:KHC-D:9098 MFA No. 100762 of 2018

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J U D G M E N T

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This appeal is filed by the claimants/landlosers, who are seeking enhancement of compensation challenging the award passed in LAC No.61/2013 on the file of learned Senior Civil Judge, Koppal.

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The appellants' lands bearing Sy.No.22(22) measuring 1 acre 27 guntas and land bearing Sy.No.33(33) measuring 28 guntas, including 4 guntas of pot kharad land which are situated at Bheemanur Village, Koppal Taluk were acquired for a project. The Special Land Acquisition Officer considered the valuation for the year 2007 and awarded compensation of Rs.25,750/- per acre. Aggrieved by the said award, on a reference, the reference Court awarded a compensation of Rs.2,04,767/- per acre.

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The learned counsel for the appellants/land losers referring to the judgment of this Court in MFA No.102175/2017 disposed off on 06.04.2021 and MFA No.100925/2018 disposed off on 29.09.2023 submits that

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4 - NC: 2024:KHC-D:9098 MFA No. 100762 of 2018

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the compensation to be enhanced to Rs.3,80,000/- per

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acre.

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The learned Government Advocate appearing for the respondents-State also submits that referring to the judgment of this Court cited supra, the compensation is to be enhanced to Rs.3,80,000/- per acre.

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This Court has perused the aforesaid judgments. In the aforesaid judgments, the lands were acquired under a notification dated 08.03.2007.

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Learned Government Advocate would submit that

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the lands in this case and the lands in MFA No.102175/2017 and MFA No.100925/2018 are of neighbouring villages and they are acquired for the same project.

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Learned counsel for the appellants/landlosers also submits that the lands in this case and the land in MFA

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No.102173/2017 disposed on 06.04.2021 are from the

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same village and acquired for the same project.

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Submission of the learned Government Advocate is placed on record and following the afore mentioned judgments, this Court is of the view that the appellants/landlosers are entitled for a compensation of Rs.3,80,000/- per acre, with all consequential benefits with costs.

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In this appeal, the appellants have claimed

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compensation of Rs.3,50,000/- per acre. Hence, this Court is of the view that since the compensation is enhanced to Rs.3,80,000/- per acre, the appellants have to pay the Court fee for the remaining amount(i.e., for Rs.30,000),. Further, the claimants are not entitled for interest for the delayed period of 247 days.

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Accordingly, the appeal is allowed. The

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appellants/landlosers are entitled for a compensation of Rs.3,80,000/- per acre. However, the appellants are not

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NC: 2024:KHC-D:9098 MFA No. 100762 of 2018

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entitled for interest on the enhanced compensation on the

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delayed period of 247 days.

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