Claimant sought enhanced compensation for 28 guntas of land acquired for Hemavathi Canal and two tamarind trees. Following the coordinate bench decision in MSA No.135/2021 fixing land value at Rs.6,000 per gunta for the same notification, land compensation was enhanced; tree claim was withdrawn as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:31696 MSA No. 39 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO.39 OF 2023 (LA)
BETWEEN:
SRI K K BASAVARAJ, S/O KEMPANNA, AGED ABOUT 61 YEARS, R/AT KODIYALA VILLAGE, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-577 223.
…APPELLANT
(BY SRI V B SIDDARAMAIAH, ADVOCATE [PH])
AND:
TUMAKURU-572 104.
GANDHINAGAR, BANGALORE -560 009
…RESPONDENT S*
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
(BY SRI T.P MALIPATIL, AGA FOR R-1 [PH]; SRI K.S BHEEMAIAH, ADVOCATE FOR R-2 [PH])
THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 23.01.2018 PASSED IN RA 192/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 13.10.2014 PASSED IN LAC No.208/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE,GUBBI, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
*Corrected vide Court order dated 17.12.2024
NC: 2024:KHC:31696 MSA No. 39 of 2023
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
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.
determination of the compensation in respect of the acquired land and 2 tamarind trees.
Acquisition Officer, Reference Court and First Appellate Court are tabulated as under for the sake of convenience and ready reference:
NC: 2024:KHC:31696 MSA No. 39 of 2023
| Court | Total Land - 28 Guntas & 2 Tamarind Trees |
|---|---|
| SLAO | Rs.450/- per Gunta & Rs.12,600/- for 28 Guntas |
| Rs.6,493/- for 2 Tamarind Trees & Rs.3,246.50/-for1 Tamarind Tree |
|
| Reference Court |
Rs.73,500/- for 28 Guntas of Land & Rs.2,625/- per gunta |
| Rs.7,450/- for 2 Tamarind trees & Rs.3,725.00/-for1 Tamarind Tree. |
|
| Appellate Court |
Not enhanced for LAND |
| Rs.11,425/- for 1Tamarind Tree& Rs.22,850.00/-for2 Tamarind Trees |
NC: 2024:KHC:31696 MSA No. 39 of 2023
and learned counsel for respondent No.2 support the impugned Judgment.
NC: 2024:KHC:31696 MSA No. 39 of 2023
ORDER
The appeal is allowed in part.
Appeal insofar as the prayer for enhanced compensation in respect of tamarind trees is dismissed as not pressed.
Compensation in respect of the value of the land is enhanced to sum of Rs.6,000/- per gunta with all consequential reliefs, less the payment of interest for the delayed period of 1064 days in filing the appeal.
Sd/(V SRISHANANDA) JUDGE
NR/-
List No.: 1 Sl No.: 34
2 issues framed by the court
Whether compensation for the acquired land should be enhanced in parity with Rs.6,000/- per gunta fixed in MSA No.135/2021 for the same project and notification.
What enhancement, if any, is due for the two tamarind trees.
Colour shows how this judgement treated each authority
MSA.No.135/2021 dated 06.02.2023Applied¶9
2 provisions across 1 enactments
Sri K K Basavaraj
The Special Land Acquisition Officer, Hemavathi Canal Zone, Tumakuru
Cauvery Neeravari Nigama Limited
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
