Partly allowed

Sri K Rajanna v. the Special Land Acquisition Officer

Karnataka HC8 Aug 2024MSA/35/2023

Case brief

AI extract

What is this about?

Claimant appealed for enhanced compensation limited to five mango trees on land acquired for the Hemavathi Canal. Following a co-ordinate bench award in a similar matter, the court enhanced compensation to Rs.1,01,055 per mango tree, less interest for 1480 days' delay in filing the appeal.

What did the court decide?

Enhanced compensation of Rs.1,01,055/- per mango tree for five mango trees with consequential benefits, less interest for delayed period of 1480 days; office to pass modified award.

Sri K Rajanna Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:31693 MSA No. 35 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 35 OF 2023 (LA)

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BETWEEN:

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SRI K RAJANNA, S/O KIDIYAPPA, AGED ABOUT 45 YEARS, R/AT AMBARAPURA VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-577 223.

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…APPELLANT

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(BY SRI V B SIDDARAMAIAH, ADVOCATE [PH])

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI CANAL ZONE, TUMAKURU-572 104.

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Digitally signed by NANDINI R

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Location: High Court of Karnataka

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THE CHIEF ENGINEER, HEMAVATHI CANAL ZONE, KUNIGAL ROAD, TUMAKURU-572 104.

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…RESPONDENTS

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(BY SRI T.P MALIPATIL, AGA FOR R-1 [PH]; SRI K.S BHEEMAIAH, ADVOCATE FOR R-2 [PH])

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THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT -1894, AGAINST THE JUDGMENT AND DECREE DATED 28.11.2016 PASSED IN RA NO.135/2015 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU. PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED

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NC: 2024:KHC:31693 MSA No. 35 of 2023

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17.10.2015 PASSED IN LAC NO.50/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUBBI. PARTLY ALLOWING THE PETITION FILED UNDER SECTION 18(1) OF THE KARNATAKA LAND ACQUISITION ACT FOR ENHANCEMENT COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Heard Sri.V.B.Siddaramaiah, learned counsel for the appellant, Sri.T.P.Malipatil, learned Additional Government Advocate for respondent No.1 and Sri.K.S.Bheemaiah, learned counsel for respondent No.2/beneficiary.

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Appeal by the claimant in respect of 5 mango trees alone. Admittedly, land of the claimant got acquired for the purpose Hemavathi Canal of Ambarapura Village. Determination of the compensation by the Land Acquisition Officer, Reference Court and First Appellate Court are being questioned only with regard to the 5 mango trees by the claimant.

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In a similar matter, where it reached this Court in MSA.No.94/2016, the Co-ordinate Bench of this Court

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NC: 2024:KHC:31693 MSA No. 35 of 2023

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has awarded compensation in a sum of Rs.1,01,055/- per mango tree by order dated 03.07.2023. Same is not further challenged by respondents and said order has reached finality.

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In the case on hand, existence of mango trees is not in dispute. But Sri.K.S.Bheemaiah, learned counsel contends that the Reference Court itself has noted that they were small mango trees. But no contra evidence is placed on record to show whether the mango trees were fruit bearing mango trees or not.

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Under such circumstances, the claimant is entitled to enhanced compensation in respect of 5 mango trees at the rate of Rs.1,01,055/- per mango tree with all consequential reliefs. Appeal needs to be allowed to that extent.

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6. Accordingly, the following:

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ORDER

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(i) The appeal is allowed in part.

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NC: 2024:KHC:31693 MSA No. 35 of 2023

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(ii) The claimant/appellant is entitled to

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compensation at the rate of Rs.1,01,055/- per mango tree in respect of five mango trees with all consequential benefits, less the payment of interest for the delayed period of 1480 days in filing the appeal.

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(iii) Office to pass modified award.

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Sd/(V SRISHANANDA) JUDGE

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NR/List No.: 1 Sl No.: 32

Sri K Rajanna v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Sri K Rajanna v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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