Allowed

Mr Antony Pauly Mukkannikkal v. the State of Karnataka

Karnataka HC23 Aug 2024WP/2812/2024

Case brief

AI extract

What is this about?

Petitioner surrendered 20 acres to the Forest Department after barricading; committee valued it at 2005 guidance values ignoring 5 acres of converted land. Court quashed the committee proceedings and directed re-determination of compensation under the 2013 Land Acquisition Act, with interim release of Rs.1,00,23,999/-.

What did the court decide?

Committee proceedings quashed; Deputy Commissioner to re-determine compensation under RFCTLARR Act 2013 within 4 months; Rs.1,00,23,999/- to be released within one month, adjustable against final comp

Mr Antony Pauly Mukkannikkal Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

¶1

NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 23^RD DAY OF AUGUST, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶7

WRIT PETITION NO. 2812 OF 2024 (GM-FOR)

¶8

C/W

¶9

WRIT PETITION NO. 4639 OF 2023 (GM-FOR)

¶10

IN WP No. 2812/2024

¶11

BETWEEN:

¶12

MR. ANTONY PAULY MUKKANNIKKAL, AGED 33 YEARS, S/O PAULY ANTONY, R/O NO.18C, LINK HERITAGE, KACHERIPADI, ERNAKULAM, KERALA – 682 018.

¶13

…PETITIONER

¶14

(BY SRI.ATUL MADHAVAN, ADVOCATE) AND:

¶15

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

¶16

THE STATE OF KARNATAKA, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, KARNATAKA GOVERNMENT SECRETARIAT, M.S. BUILDING, BENGALURU – 560 001.

¶17

REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY.

¶18

THE CHIEF CONSERVATOR OF FORESTS, KARNATAKA GOVERNMENT SECRETARIAT, M S BUILDING, BENGALURU – 560 001.

¶19

THE DEPUTY CONSERVATOR OF FORESTS, KUDREMUKH WILDLIFE DIVISION,

¶20

2 - NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶21

KARKALA TALUK OFFICE JUNCTION, KUKKUNDOOR POST,

¶22

UDUPI – 574 104.

¶23

THE DEPUTY COMMISSIONER, DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU – 577 101.

¶24

THE ADDITIONAL DEPUTY COMMISSIONER, DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU – 577 101.

¶25

THE ASSISTANT COMMISSIONER, REVENUE SUB DIVISION, DISTRICT FIELD ROAD, VIJAYA NAGAR, CHIKKAMAGALURU – 577 101.

¶26

THE TAHSILDAR, BHARATHI STREET, SRINGERI – 577 139.

¶27

…RESPONDENTS

¶28

(BY SRI.RAHUL CARIAPPA, AGA)

¶29

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS OF THE COMMITTEE HEADED BY R-4 HELD ON 03.12.2022 (ANNEXURE - S) IN SO FAR AS IT DIRECTS REVALUATION OF THE PROPERTY OF THE PETITIONER AND ETC.,

¶30

IN WP No.4639/2023

¶31

BETWEEN:

¶32

MR. ANTONY PAULY MUKKANNIKKAL, AGED 33 YEARS, S/O PAULY ANTONY, R/O NO.18C, LINK HERITAGE, KACHERIPADI, ERNAKULAM, KERALA – 682 018.

¶33

…PETITIONER

¶34

(BY SRI.ATUL MADHAVAN, ADVOCATE)

¶35

3 - NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶36

AND:

¶37

THE STATE OF KARNATAKA, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, KARNATAKA GOVERNMENT SECRETARIAT, M.S. BUILDING, BENGALURU – 560 001.

¶38

REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY.

¶39

THE CHIEF CONSERVATOR OF FORESTS, KARNATAKA GOVERNMENT SECRETARIAT, M S BUILDING, BENGALURU – 560 001.

¶40

THE DEPUTY CONSERVATOR OF FORESTS, KUDREMUKH WILDLIFE DIVISION, KARKALA TALUK OFFICE JUNCTION, KUKKUNDOOR POST, UDUPI – 574 104.

¶41

THE DEPUTY COMMISSIONER, DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU – 577 101.

¶42

THE ADDITIONAL DEPUTY COMMISSIONER, DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU – 577 101.

¶43

THE ASSISTANT COMMISSIONER, REVENUE SUB DIVISION, DISTRICT FIELD ROAD, VIJAYA NAGAR, CHIKKAMAGALURU – 577 101.

¶44

THE TAHSILDAR, BHARATHI STREET, SRINGERI – 577 139.

¶45

…RESPONDENTS

¶46

(BY SRI.RAHUL CARIAPPA, AGA)

¶47

4 - NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶48

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PROCEEDINGS OF THE DISTRICT LEVEL COMMITTEE HEADED BY R-4 DATED 21.07.2022 WITH NO.NIL VIDE ANNEXURE – M IN SO FAR AS AGENDA NO.4 WITH RESPECT TO THE PETITIONER IS CONCERNED AND ETC.,

¶49

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶50

ORAL ORDER

¶51

The petitioner asserts that Mr. M.A. Paul Antony gifted an extent of 20 acres of land in Muduba Village, including 5 acres of converted land, from his father, M.A. Antony. He conveyed the said property in favor of his father, Mr. M.A. Antony, who subsequently gifted the property to the petitioner through a registered gift deed dated 29.06.2016. Out of the 20 acres, 5 acres were converted for the construction of a resort. However, the operation of the resort was hindered due to Naxalite activities and wildlife interference. Additionally, the government barricaded an 8 km stretch of road at two points. Since the entire extent of land was barricaded by the Forest Department, the petitioner was left with no option but to surrender the subject land to the Forest Department on 22.11.2016 (Annexure-E). Following this, a joint team of officials inspected the property and valued the entire extent of land (20 acres) at Rs. 3,65,76,173/- based on the guidance value from 2005.

¶52

¶53

NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶54

The petitioner’s grievance is that the market value of the entire extent of land should have been assessed based on the market value prevailing on the date of surrender, rather than the market rate from the year 2005. The District Level Committee, headed by the Deputy Commissioner of Chikkamagaluru and represented by the Chief Conservator of Forests, Deputy Conservator of Forests, and others, convened on 21.07.2022. During this meeting, it resolved to sanction and release a sum of Rs. 3,65,76,173/- only, contingent upon the condition that the 5 acres were converted for non-agricultural purposes. It further directed respondent No. 7 to conduct a spot inspection of the subject land to verify whether the 5 acres had been converted for non-agricultural use and to ascertain the existence of the resort as of the date of surrender.

¶55

Following the decision of the Committee, the Tahsildar submitted a report indicating that no construction had been erected on the 5 acres of land. Based on this report, the Committee, in its meeting held on 03.12.2022, accepted the report dated 10.08.2022 without considering the report dated 19.09.2022. This prompted the petitioner to file W.P. No. 2812/2024.

¶56

The learned counsel for the petitioner argues that the determination of compensation without considering that 5 acres of land had been converted for non-agricultural purposes renders the market value assessment arbitrary and discriminatory. He further contends that valuing the property based on the prevailing guidance value from 2005, rather than the market rate as of the

¶57

6 - NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶58

date of surrender in 2016, necessitates a reevaluation of the market value under the provisions of The Karnataka Land Revenue Act, 2013.

¶59

In response, the learned Additional Government Advocate (AGA) for the respondent-State argues that the Committee correctly determined the market value of the land, assessing the extent of 15 acres using the guidance value prevailing in 2006. The compensation for the remaining 5 acres will be calculated based on the applicable guidance value. Therefore, the compensation determination by the Committee cannot be faulted, and he seeks the dismissal of the writ petition.

¶60

After carefully considering the submissions of the learned counsels for both parties, the following observations emerge:

¶61

a. It is undisputed that the petitioner is the owner of 20 acres of land, 5 acres of which were converted for non-agricultural purposes. A joint inspection was conducted, and a report was submitted on 04.01.2019, determining the compensation payable to the petitioner at Rs. 3,65,76,173/-. This report also indicated that the 5 acres of land had been converted for non-agricultural use. A subsequent report dated 10.08.2022 confirmed that the 5 acres of land in Sy. No. 10/8 had indeed been converted. The Committee, based on this report, valued the land extent of 15 acres at Rs. 1,00,23,999/- but deferred the compensation determination for the 5 acres converted for non-agricultural purposes, stating that it would be assessed according to available guidelines.

¶62

7 - NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶63

b. A review of the third report dated 19.09.2022 submitted by the Tahsildar of Shringeri Taluk indicated the presence of remnants of a building. The entire extent of 20 acres falls within the Kudremukh Forest area, necessitating the petitioner’s compulsory surrender of the land to the Forest Department of Kudremukh National Park. Since the surrender occurred in 2016, the compensation for the entire extent of land should be determined under the provisions of The Karnataka Land Revenue Act, 2013, rather than The Karnataka Land Revenue Act, 1964. Thus, the compensation determination made by the Competent Authority appears arbitrary and discriminatory.

¶64

In light of the above considerations, the determination of compensation for the surrendered land must be revisited to align with the current legal framework and the prevailing market conditions at the time of surrender. Therefore, the petitioner's request for reassessment of the compensation should be granted, ensuring just and fair compensation for the land surrendered. Therefore, the petitioner's request for reassessment of the compensation should be granted, ensuring just and fair compensation for the land surrendered. Accordingly, I pass the following:

¶65

ORDER

¶66

i. The Writ petitions are allowed.

¶67

8 - NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶68

ii. The proceedings of the Committee headed by respondent No.4 dated 21.07.2022 at Annexure-M insofar it relates to Agenda No.4 in W.P.No.4639/2023 and the proceedings of respondent No.4 dated 03.12.2022 at Anneuxure-S in W.P.No.2812/2024 are hereby quashed.

¶69

iii. Respondent No. 4 is hereby directed to re-determine the compensation payable to the petitioner for the utilization of the petitioner's property in light of the provisions contained in the Act, 2013, taking into account the conversion of 5 acres of land for nonagricultural purposes.

¶70

iv. The entire exercise shall be completed within a period of 4 months from the date of receipt of a certified copy of this order.

¶71

v. Respondent No. 4 is hereby directed to release the amount of Rs. 1,00,23,999/- to the petitioner within one month from today, with the said amount to be adjusted towards the compensation to be determined in favor of the petitioner.

¶72

Sd/(HEMANT CHANDANGOUDAR) JUDGE

¶73

RKA

¶74

List No.: 2 Sl No.: 5

¶75

¶76

NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶77

IN THE HIGH COURT OF KARNATAKA AT BENGALURU [MR ANTONY PAULY MUKKANNIKKAL VS. THE STATE OF KARNATAKA AND OTHERS]

¶78

23.10.2024 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶79

ORAL ORDER ON 'BEING SPOKEN TO'

¶80

Learned counsel for the petitioner has moved a memo for 'Being spoken to' contending that typographical error has crept in the order dated 23.08.2024 passed in W.P.No.2812/2024 along with connected matter.

¶81

It is submitted that in para 4, at line 8, the words "The Karnataka Land Revenue Act, 2013 " shall be substituted with the words " The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ".

¶82

In para 6, sub para (b) at lines 8 and 9 the words " The Karnataka Land Revenue Act, 2013 rather than the Karnataka Land Revenue Act, 1964 " shall be substituted with the words " The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 rather than the Land Acquisition Act, 1894 ".

¶83

NC: 2024:KHC:38008 WP No. 2812 of 2024 C/W WP No. 4639 of 2023

¶84