Dismissed

Karnataka Niravari Nigama Limited v. the Special Land Acquisition Officer

Karnataka HC16 Apr 2024MSA/100012/2020

Case brief

AI extract

What is this about?

The High Court dismissed multiple returns made special appeals filed by Karnataka Niravari Nigama Limited challenging the enhanced compensation awarded by the appellate court under the Land Acquisition Act, 1894, finding no error in re-determining market value.

What did the court decide?

The miscellaneous special appeals filed by the beneficiary of the acquisition were dismissed.

Karnataka Niravari Nigama Limited Vs the Special Land… — Land Acquisition | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-D:6443

¶3

MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶4

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶5

DATED THIS THE 16^TH DAY OF APRIL, 2024

¶6

BEFORE

¶7

THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

¶8

MISCELLANEOUS SECOND APPEAL NO. 100015 OF 2020 (LA) C/W

¶9

MSA NOS. 100004, 100005, 100006, 100007, 100008, 100010, 100012, 100013 AND 100014 OF 2020

¶10

BETWEEN:

¶11

KARNATAKA NIRAVARI NIGAMA LIMITED, THROUGH ITS EXECUTIVE ENGINEER, (KNNL), DIVISION NO.2, NAVILTHEERTH, DAM SITE, SAUNDATTI-591116, TQ: SAUNDATTI, BELAGAVI DISTRICT.

¶12

…COMMON APPELLANT

¶13

(BY SRI. S.M. TONNE, ADVOCATE)

¶14

AND:

¶15

IN MSA NO.100015 OF 2020

¶16

Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA

¶17

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.63, NAVANAGAR, BAGALKOTE-587103.

¶18

SRI. MUDAPPA S/O. FAKIRAPPA MALAVGOL, AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DISTRICT: BELAGAVI.

¶19

SRI. SHIVABASAPPA S/O. MUDAPPA MALAVAGOL, AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DISTRICT: BELAGAVI.

¶20

SRI. GANGAPPA S/O. MUDAPPA MALAVAGOL, AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125,

¶21

¶22

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶23

TQ: BAILHONGAL, DISTRICT: BELAGAVI.

¶24

SRI. RUDRAPPA S/O. MUDAPPA MALAVAGOL, AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DISTRICT: BELAGAVI.

¶25

…RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶26

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN LAC.NO.40/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 14.12.2016 IN LAC APPEAL NO.68/2016 ON THE FILE OF THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, BY CONFIRMING THE JUDGMENT AND AWARD DATED 29.06.2005 IN LAC NO.40/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF JUSTICE AND EQUITY.

¶27

IN MSA NO. 100004 OF 2020

¶28

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT-III, DHARWAD, NOW AT SECTOR NO.60, NAVANAGAR, BAGALKOT.

¶29

KECHAPPA YALLAPPA VANNUR, SINCE DECEASED BY HIS LRS,

¶30

SMT. MAYAVVA W/O. KENCHAPPA VANNUR, AGE: 70 YEARS, OCC: HOUSEHOLD, R/O. MALLUR VILLAGE-591111, TQ: SAUNDATTI, BELAGAVI DISTRICT.

¶31

SMT. IRAVVA D/O. MADIVALAPPA GULANNAVAR AGE: 43 YEARS, OCC: HOUSEHOLD, R/O. MALLUR VILLAGE-591111, TQ: SAUNDATTI, BELAGAVI DISTRICT.

¶32

SMT. SIDDAVVA W/O. IRAPPA GODACHI AGE: 42 YEARS, OCC: HOUSEHOLD, R/O. MALLUR VILLAGE-591111,

¶33

¶34

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶35

TQ: SAUNDATTI, BELAGAVI DISTRICT.

¶36

FAKIRAPPA S/O. KENCHAPPA VANNUR AGE: 40 YEARS, OCC: AGRICULTURE, R/O. MALLUR VILLAGE-591111, TQ: SAUNDATTI, BELAGAVI DISTRICT.

¶37

SIDDAPPA S/O. KENCHAPPA VANNUR AGE: 38 YEARS, OCC: AGRICULTURE, R/O. MALLUR VILLAGE-591111, TQ: SAUNDATTI, BELAGAVI DISTRICT.

¶38

BHIMAPPA YALLAPPA VANNUR SINCE DECEASED BY HIS LRS

¶39

SMT. GOURAVVA W/O. BHIMAPPA VANNUR AGE: 81 YEARS, OCC: HOUSEHOLD, R/O. MALLUR VILLAGE-591111, TQ: SAUNDATTI, BELAGAVI DISTRICT

¶40

SMT. GANGAVVA W/O. SANNATAMMAPPA NADUVINAHALLI AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. MALLUR VILLAGE-591111, TQ: SAUNDATTI, BELAGAVI DISTRICT.

¶41

SMT. SIDDAVVA W/O. MAHADEVAPPA HITTANAGI AGE: 53 YEARS, OCC: HOUSEHOLD, R/O. MALLUR VILLAGE-591111, TQ: SAUNDATTI, BELAGAVI DISTRICT

¶42

VITHAL BHIMAPPA VANNUR AGE: 46 YEARS, OCC: AGRICULTURE, R/O. MALLUR VILLAGE-591111, TQ: SAUNDATTI, BELAGAVI DISTRICT.

¶43

…RESPONDENTS (BY SRI. ABHISHEKH MALIPATIL, HCGP FOR R1, SRI. K. ANANDKUMAR, ADV. FOR R2)

¶44

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN LAC.NO.370/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, SAUNDATTI AT SAUNDATTI AND TO SET ASIDE THE

¶45

¶46

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶47

JUDGMENT AND AWARD DATED 23.10.2018 IN LAC APPEAL NO.219/2016 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN MODIFYING THE JUDGMENT AND AWARD DATED 07.03.2012 IN LAC NO.370/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, SAUNDATTI AT SAUNDATTI, IN THE INTEREST OF JUSTICE AND EQUITY.

¶48

IN MSA NO. 100005 OF 2020

¶49

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.60, NAVANAGAR, BAGALKOTE-587103.

¶50

SRI.SHIVANAYAK MALLANAYAK BHAVI, AGE: MAJOR, OCC: AGRICULTURE, R/O. NAVALAGATTI-591125, TQ: BAILHONGAL, DISTRICT: BELAGAVI.

¶51

…RESPONDENTS

¶52

(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶53

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN LAC.NO.45/1999 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 25.01.2018 IN LAC APPEAL NO.205/2017 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED 02.12.2004 IN LAC NO.45/1999 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF JUSTICE AND EQUITY.

¶54

IN MSA NO.100006 OF 2020

¶55

BETWEEN:

¶56

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.60, NAVANAGAR, BAGALKOTE-587103.

¶57

¶58

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶59

SRI.VIRUPAXI CHANNAPPA BADIGER DECEASED BY HIS LRS.

¶60

2A. RACHAMMA W/O. VIRUPAXI BADIGER AGE: 71, OCC: HOUSEWIFE, R/O. TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI--591125.

¶61

2B. NIRMALA W/O. ANAND KAMBAR, AGE: 58, OCC: HOUSEWIFE, R/O. TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI--591125.

¶62

2C. B. MADIVALAPPA S/O. VIRUPAXI BADIGER, AGE: 57, OCC: AGRICULTURE, R/O. TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI--591125.

¶63

2D. B. SADASHIV S/O. VIRUPAXI BADIGER, AGE: 55, OCC: AGRICULTURE, R/O. TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI--591125.

¶64

2E. SHAKUNTALA W/O. BALAPPA KAMBAR, AGE: 52, OCC: HOUSEWIFE, R/O. TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI--591125.

¶65

2F MANJULA W/O. FAKIRAPPA KAMMARA, AGE: 47, OCC: HOUSEWIFE, R/O. TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI--591125.

¶66

CHANDRAKANT S/O. CHANNAPPA BADIGER, DECEASED BY HIS LRS.

¶67

3A. KUSUMA W/O. ERANNA KAMBAR, AGE: 55 YEARS, OCC: HOUSEWIFE, R/O. TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI-591125.

¶68

3B. SHANKAR S/O. CHANDRAKANT BADIGER, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. TIGADI, TQ: BAILHONGAL,

¶69

¶70

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶71

DIST: BELAGAVI-591125.

¶72

3C GURUPUTRA S/O. CHANDRAKANT BADIGER, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. TIGADI, TQ: BAILHONGAL, DIST: BELAGAVI-591125.

¶73

…RESPONDENTS

¶74

(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶75

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN LAC.NO.35/1998 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 25.01.2018 IN LAC APPEAL NO.204/2017 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED 02.12.2004 IN LAC NO.35/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF JUSTICE AND EQUITY.

¶76

IN MSA NO. 100007 OF 2020

¶77

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.60, NAVANAGAR, BAGALKOTE-587103.

¶78

SRI.IQBALAHMED MAKTUMSAB BHADDURSHI, AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DIST: BELAGAVI.

¶79

…RESPONDENTS

¶80

(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶81

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN LAC.NO.31/1998 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND

¶82

¶83

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶84

AWARD DATED 25.01.2018 IN LAC APPEAL NO.203/2017 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED 02.12.2004 IN LAC NO.31/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF JUSTICE AND EQUITY.

¶85

IN MSA NO. 100008 OF 2020

¶86

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.60, NAVANAGAR, BAGALKOTE-587103.

¶87

SRI.BASAVARAJ CHANNAPPA BADIGER AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DIST: BELAGAVI.

¶88

SRI.GURUSIDDAPPA CHANNAPPA BADIGER AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DISTRICT: BELAGAVI.

¶89

…RESPONDENTS

¶90

(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶91

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN LAC.NO.37/1998 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 25.01.2018 IN LAC APPEAL NO.202/2017 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED 04.06.2004 IN LAC NO.37/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF JUSTICE AND EQUITY.

¶92

IN MSA NO. 100010 OF 2020

¶93

THE SPECIAL LAND ACQUISITION OFFICER,

¶94

¶95

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶96

MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.60, NAVANAGAR, BAGALKOTE-587103.

¶97

SRI.VIJAYKUMAR GANGAPPA KALE AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DIST: BELAGAVI.

¶98

SRI.HOLEPPA GANGAPPA KALE AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DIST: BELAGAVI.

¶99

…RESPONDENTS

¶100

(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶101

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN LAC.NO.53/2005 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 25.01.2018 IN LAC APPEAL NO.199/2017 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN MODIFYING THE JUDGMENT AND AWARD DATED 28.03.2006 IN LAC NO.53/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL, IN THE INTEREST OF JUSTICE AND EQUITY.

¶102

IN MSA NO. 100012 OF 2020

¶103

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.63, NAVANAGAR,BAGALKOTE-587103.

¶104

SRI.NAGAPPA S/O SIDDAPPA MASTAMARADI @ NAIKAR AGE: MAJOR, OCC: AGRICULTURE, R/O. NAVALGATTI-591125, TQ: BAILHONGAL, DIST: BELAGAVI.

¶105

…RESPONDENTS

¶106

(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶107

¶108

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶109

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN LAC.NO.26/1999 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 14.12.2016 IN LAC APPEAL NO.73/2016 ON THE FILE OF THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, BY CONFIRMING THE JUDGMENT AND AWARD DATED 14.03.2005, IN LAC NO.26/1999 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL IN THE INTEREST OF JUSTICE AND EQUITY.

¶110

IN MSA NO. 100013 OF 2020

¶111

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.63, NAVANAGAR, BAGALKOTE-587103.

¶112

SRI.BASAVANTAPPA S/O IRAPPA YARGANAVI AGE: MAJOR, OCC: AGRICULTURE, R/O. NAXALGATTI-591125, TQ: BAILHONGAL, DIST: BELAGAVI.

¶113

SRI.MAHANTESH S/O IRAPPA YARAGANAVI AGE: MAJOR, OCC: AGRICULTURE, R/O. NAXALGATTI-591125, TQ: BAILHONGAL, DIST: BELAGAVI.

¶114

…RESPONDENTS

¶115

(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶116

¶117

10 -

¶118

NC: 2024:KHC-D:6443

¶119

MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶120

CONFIRMING THE JUDGMENT AND AWARD DATED 04.06.2004, IN LAC NO.150/1999 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL IN THE INTEREST OF JUSTICE AND EQUITY.

¶121

IN MSA NO. 100014 OF 2020 BETWEEN:

¶122

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA PROJECT, SAUNDATTI, NOW AT SECTOR NO.63, NAVANAGAR, BAGALKOTE-587103.

¶123

SRI.MOHAMMED S/O. HASHIM SANNAGOUDUSAB SHILLEDAR AGE: MAJOR, OCC: AGRICULTURE, R/O. TIGADI-591125, TQ: BAILHONGAL, DIST: BELAGAVI.

¶124

…RESPONDENTS

¶125

(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. K. ANANDKUMAR, ADV. FOR R2)

¶126

THIS MSA IS FILED U/SEC.54(2) OF LAND ACQUISITION ACT, 1984 (KARNATAKA ACT NO.17/1961) READ WITH UNDER ORDER 43 RULE 1 OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 14.12.2016 IN LAC APPEAL NO.71/2016 ON THE FILE OF THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, BY CONFIRMING THE JUDGMENT AND AWARD DATED 04.06.2004, IN LAC NO.152/1999 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL IN THE INTEREST OF JUSTICE AND EQUITY.

¶127

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

¶128

11 -

¶129

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶130

COMMON JUDGMENT

¶131

Though these appeals are listed for admission, with the consent of learned counsel for the parties, they are taken up for final disposal.

¶132

2. These appeals have been filed by the beneficiary of the acquisition challenging the impugned judgments and awards of the reference Court in LAC Appeal Nos.68/2016, 71/2016, 72/2016, 73/2016, 199/2017, 202/2017, 203/2017, 204/2017, 205/2017 and 219/2016.

¶133

3. Brief facts leading to filing of these appeals by the beneficiary are that the various extents of lands have been acquired by the respondents/State Government for the purpose of appellant herein. The State Government has issued preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘LA Act’) on 16.9.2010, 13.11.1992, 30.01.1993, 12.11.1992, 14.11.1992, 23.11.1992, 7.2.1994.

¶134

4. The Land Acquisition Officer passed the awards on different dates. Being aggrieved by the quantum of compensation determined by the Land Acquisition Officer, the

¶135

12 -

¶136

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶137

land owners sought reference under Section 18 of the LA Act. The reference Court has re-determined the compensation. The land owners have filed the appeal seeking further enhancement of compensation. The appellate Court has enhanced the market value. The particulars of the LAC numbers and market value determined by the reference Court and the appellate Court are extracted herein as under:

¶138

Sl. No.	M.S.A NO.	Village	Sy.No.	Extent Of land Acquire	SLAO award	LAC Nos.	Award of Reference Court	LAC Appeal No.	Award o Appellate Court
1.	100004/ 2020	Karlakatti	151	20G	16-06-2011	370/2011	180000	219/2016	508000
2.	100005/ 2020	Tigadi	140/1A	04A-22G	03-03-1998	45/1999	96000	205/17	119000
3.	100006/ 2020	Tigadi	167/2	05A-20G	29-10-1997	35/1998	96000	204/2017	119000
4.	100007/ 2020	Tigadi	184/11A+11B	03A-24G	30-07-1997	31/1998	96000	203/2017	119000
5.	100008/ 2020	Tigadi	167/2B/3	04A-0G	29-10-1997	37/1998	70000	202/2017	90000
6.	100010/ 2020	Tigadi	184/1+2+3 +5+7+8+9 +10	03A-26G	31-10-1997	53/2005	96000	199/17	119000
7.	100012/ 2020	Tigadi	145/15	1A-20G	21-07-1997	26/1999	96000	73/2016	120000
8.	100013/ 2020	Tigadi	179/1B & 179/1E	01A-0G & 02A-20G	31-10-1997	150/1999	70000	72/2016	90000
9.	100014/ 2020	Tigadi	180/2/2A+2B	01A-14G	31-10-1997	152/1999	70000	71/106	90000
10.	100015/ 2020	Tigadi	167/1	03A-00G	20-05-1998	40/1998	96000	68/2016	120000

¶139

5. Sri. S.M. Tonne, learned counsel appearing for the appellant/KNNL submits that the appellate Court has committed

¶140

grave error in condoning the exorbitant delay in preferring the appealS, as the respondents/land owners have failed to show any sufficient cause to condone such delay in the application

¶141

13 -

¶142

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶143

seeking for condonation of delay. It is submitted that redetermination of market value by the appellate Court is contrary to the evidence available on record. Hence, he seeks to confirm the award of reference Court by setting aside the impugned judgments and awards of the appellate Court.

¶144

6. Per contra, Sri. K. Anandkumar, learned counsel representing the some of the land owners supports the impugned judgments and awards of the appellate Court and submits that the appellate Court while condoning the delay has held that the land owners are not entitled to interest for the delayed period. It is submitted that the appellate Court has taken note of the decision of this Court in MFA No.21059/2011, dated 29.08.2011 determined the market value. In view of said decision of the co-ordinate Bench of this Court, he seeks to dismiss the appeals filed by the beneficiary.

¶145

7. I have heard the arguments of learned counsel for

¶146

the appellant and learned counsel for the respondents and meticulously perused the material available on record.

¶147

14 -

¶148

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶149

8. The only point that arises for consideration in these

¶150

appeals is, whether the appellate Court has justified in re-determining the market value of the lands in question ?

¶151

9. The answer to the above point is in the affirmative for the following reasons:

¶152

10. There is no dispute that the lands of the respondents were acquired by the State Government under preliminary notifications issued under Section 4(1) of the LA Act on different dates referred supra. The land owners have sought the reference under Section 18 of the LA Act and the reference Court has enhanced the market value of each land as referred in the tabular column supra. The lands owners have filed the appeals and the appellate Court has re-determined the market value taking note of the various decisions of the Hon’ble Apex Court and this Court and re-determined the market value by enhancing the compensation. The appellate Court while condoning the delay in each of the appeals has denied the interest to the land owners. This Court on re-appreciation of the entire material available on record is of the considered view that the appellate Court taking note of various decision

¶153

15 -

¶154

NC: 2024:KHC-D:6443 MSA 100015/2020 C/W MSA 100004/2020, 100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100012/2020, 100013/2020 & 100014/2020

¶155

rendered by this Court enhanced the market value. The findings recorded by the appellate Court are neither perverse nor contrary to the evidence available on record calling for interference in these appeals. This Court in MFA No.100011/2020, disposed off on 5.3.2024 has dismissed the appeal filed by the appellant herein. Taking note of the aforesaid decision of this Court, I do not find any error in the finding recoded by the appellate Court calling for interference in the present appeals. Taking note of the reasons adopted by the co-ordinate benches in MFA No.21059/2011 and MFA No.23630/2012, this Court does not find any merit in the appeals filed by the appellant. Hence, the appeals being devoid of merits stand dismissed .

¶156

Pending applications, if any, do not survive for consideration and accordingly, they are disposed off.

¶157

Sd/JUDGE

¶158

JTR Ct-an

¶159

List No.: 1 Sl No.: 27

Karnataka Niravari Nigama Limited v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Karnataka Niravari Nigama Limited v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Mahammad Jabiulla W/O Mahammeed Buden Alias Mahammed Abundansab Vs Shri Mahammad Raqulla S/O. Abdul Jabbarsab

Smt Asha W/O Vinayak Kwari Vs Shri Vinayak S/O Vittal Kwari

Smt Rooap W/O Praveen Malvi Vs Shri Praveen S/O Suresh Malvi

Karnataka Niravari Nigama Limited Vs the Special Land Acquisition Officer

Shri Jinesh Alias Jinadatta S/O Suresh Alagawadi Vs Sri Basavaraj V.S. S/O Veerappa

Karnataka Niravari Nigama Limited Vs the Special Land Acquisition Officer