Partly allowed

The Executive Engineer and Anr. v. Gurubasappa and Ors.

Karnataka HC7 Nov 2024MSA/200118/2024

Case brief

AI extract

What is this about?

High Court in Mis. Second Appeal No. 200118 reduced the compensation rate for acquired wet land from Rs.6,57,054 to Rs.6,43,507.5 per acre by applying a 5% de-escalation, citing parity with a related judgment (MSA No.200103/2024).

What did the court decide?

Compensation reduced from Rs.6,57,054 to Rs.6,43,507.5 per acre; interest calculation to exclude appeal delay period.

The Executive Engineer and Anr. Vs Gurubasappa and Ors. — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-K:8170 MSA No. 200118 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S.KAMAL

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MISCL SECOND APPEAL NO. 200118 OF 2024 (LA)

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BETWEEN:

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THE EXECUTIVE ENGINEER KNNL, AMARJA DIVISION, KALABURAGI-585101.

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THE CHIEF ENGINEER, KNNL, IPC ZONE, AIWAN SHAHI ROAD, KALABURAGI-585101.

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…APPELLANTS

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(BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)

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Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA

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AND:

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GURUBASAPPA S/O SHARANAPPA, AGE: 81 YEARS, OCC: AGRICULTURE, R/O JAWALI-D VILLAGE, TQ. ALAND, DIST. KALABURAGI-585101.

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THE SPECIAL LAND ACQUISITION OFFICER, M & MIP, MINI VIDHAN SOUDHA, STATION ROAD, KALABURAGI-585101.

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THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA,

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2 - NC: 2024:KHC-K:8170 MSA No. 200118 of 2024

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STATION ROAD, KALABURAGI-585101.

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…RESPONDENTS

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(BY SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R1; SRI VEERANAGOUDA MALIPATIL, HCGP FOR R2 AND R3)

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THIS MSA IS FILED UNDER SECTION 54(2) OF LAND

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ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 6.7.2018 PASSED BY THE III ADDITIONAL DISTRICT JUDGE, KALABURAGI, IN LACA.NO.77/2018, MODIFYING JUDGMENT AND AWARD DATED 7.4.2015 PASSED BY THE SENIOR CIVIL JUDGE ALAND, IN LAC.NO.159/2013.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)

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The present appeal is filed by the appellants/ beneficiaries of the acquisition being aggrieved by the judgment and order dated 06.07.2017 passed by the III-Additional District Judge, Kalaburagi in

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3 - NC: 2024:KHC-K:8170 MSA No. 200118 of 2024

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LACA No.77/2018 (hereinafter referred to as ‘the Appellate Court’), by which the Appellate Court while partly allowing the appeal, had modified the judgment and award dated 07.04.2015 in LAC No.159/2013 passed by the Senior Civil Judge, Aland (hereinafter referred to as ‘the Reference Court’), enhancing the compensation amount in respect of the acquired wet land from Rs.6,57,054/- per acre to Rs.2,62,500/- per acre.

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The subject matter of the acquisition is the land in Sy.No.37/1/5, measuring 21 guntas, situated at JawaliD, village of Aland Taluk, Kalaburagi District acquired for the purpose of Amarja Project in terms of the Notification dated 05.02.2009 issued under Section 4(1) of the Land Acquisition Act, 1894. The SLAO had passed the award dated 15.02.2011 fixing the market value of the property at Rs.50,000/- per acre. On a reference under Section 18 of the Land Acquisition Act, 1894 the Reference Court enhanced the market value of the land to Rs.2,62,500/per acre vide order dated 07.04.2015 in LAC No.159/2013.

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4 - NC: 2024:KHC-K:8170 MSA No. 200118 of 2024

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On a further appeal for enhancement the Appellate Court by the impugned order dated 06.07.2017 passed in LACA No.77/2018 further enhanced the compensation amount to Rs.6,57,054/- per acre.

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Though several grounds are urged in the memorandum of appeal, learned counsel for the appellants relying upon the judgment passed in MSA No.200103/2024, dated 18.07.2024 in the case

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of Executive Engineer and Another VS. Laxman s/o Channabasappa and others submits that the present case is covered by the said order, in which this Court has reduced the rate of compensation from Rs.6,57,054/- to Rs.6,43,507.5/- in view of the judgment passed in the case of Digamber s/o Ramrao, Kulkarni and Others VS. The Deputy Commissioner, Kalaburagi and Others (in LACA Nos.347/2016 and 348/2016) wherein the acquisition was under the Notification dated 01.04.2010 for the similar purposes situated in the similar village. He submits that since there was difference of one

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5 - NC: 2024:KHC-K:8170 MSA No. 200118 of 2024

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year between the Notification subject matter of case in Digamber and Notification subject matter of said appeal, 5% de-escalation was granted thereby reducing the compensation paid as above.

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He submits Appellate Court instead of taking 5% de-escalation had taken only 3% de-escalation and that if compensation awarded by the Appellate Court is reduced by taking 5% de-escalation purpose of filing of the appeal would be served. He further submits that the compensation awarded in MSA No.200103/2024 has already been paid and satisfied and same has attained finality.

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Learned counsel for the respondent/claimant does not dispute the aforesaid factual aspect of the matter. Since the order in MSA No.200103/2024 is passed in respect of the very same Notification dated 05.02.2009 in respect of the land which is situated in Jawali-D village, Aland Taluk, Kalaburagi District, this Court do not see any

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6 - NC: 2024:KHC-K:8170 MSA No. 200118 of 2024

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reason to differ from the rate of compensation awarded in MSA No.200103/2024.

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Accordingly, the following:

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ORDER

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(i) The appeal is partly allowed.

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(ii) The compensation amount awarded by the Appellate Court in a sum of Rs.6,57,054/per acre with all statutory benefit is reduced to Rs.6,43,507.5/- per acre.

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(iii) It is made clear if there any delay by the claimants in filing the appeal before the Appellate Court, the said delayed period be excluded while calculating interest on the compensation.

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SDU LIST NO.: 1 SL NO.: 14 CT:PK

The Executive Engineer and Anr. v. Gurubasappa and Ors.

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The Executive Engineer and Anr. v. Gurubasappa and Ors.

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