Irappa Lakshmappa Amblikoppa Vs the Special Land Acquisition Officer

THIS MFA IS FILED UNDER SECTION 54(1) OF LA ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.03.1991 PASSED IN LAC NO.706/1987 ON THE FILE OF ADDITIONAL CIVIL JUDGE, BAGALKOT.

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THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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This appeal is filed by the appellants/claimants, challenging the judgment and award dated 30.03.1991, passed by the Additional Civil Judge, Bagalkot (for short ‘the reference Court’) in LAC No.706/1987, seeking enhancement of compensation.

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Heard the arguments of learned counsels appearing for both the sides and perused the materials placed before this Court.

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The claimants are the legal heirs of the deceased appellant/claimant. It is the case of the claimants that the deceased appellant was owner of the land bearing R.S.No.38/2 situated at Muchakhandi village of Bagalkot taluk to the extent of 5 acres 28 guntas. The

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said land was acquired through preliminary notification issued under Section 4(1) of the Land Acquisition Act,

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HC-KAR

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1894¹ , dated 04.07.1985 for the purpose of construction of township, Bagalkot. The Special Land Acquisition Officer (SLAO) has determined the market value of the acquired land at Rs.6,000/- per acre on 13.08.1987. Aggrieved by

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the same, the claimant filed reference petition under Section 18 of the Act, 1894. Upon the reference, the reference Court has awarded compensation of Rs.28,000/per acre.

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Being dissatisfied with the compensation

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awarded by the reference Court, present appeal is preferred by the legal heirs of the original claimant.

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5. Learned counsel for the appellants submitted

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that, in respect of other lands situated in the same village of Muchakhandi village by way of preliminary notification dated 27.11.1986 which is also acquired for the very same purpose of construction of new township, Bagalkote, in the Lok-adalath, the other land owners have been awarded a

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1 Hereinafter referred to as ‘Act, 1894’

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HC-KAR

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compensation of Rs.1,37,000/- per acre. Therefore, the claimant/appellant is also standing on the same pedestal as that of other land owners as stated above. Therefore, prays to determine and award compensation of Rs.1,37,000/- per acre.

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Learned counsel for respondent/Government Advocate opposed the appeal by justifying the judgment and award passed by the reference Court. Hence, prays to dismiss the appeal.

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In respect of other lands acquired situated at Muchakhandi village, Bagalkot taluk by virtue of preliminary notification dated 27.11.1986 for the very same purpose of project in LAC No.115/2002, which is also before the same reference Court was ended in compromise and settled at Rs.1,37,000/- per acre. In the present appeal also, the claimants land situated at Muchakhandi village and is acquired for the very same purpose and the only difference is 17 months while issuing preliminary

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HC-KAR

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notification. Therefore, the appellant cannot be

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discriminated while awarding compensation. Thus, the appellant is also entitled for the compensation at the same rate as other land owners received in the Lok adalath with

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de-escalation of two years, as in the present case, the preliminary notification is dated 04.07.1985. Therefore, for two years, de-escalation is made at the rate of 10% per year and accordingly, in the appellants’ case, the preliminary notification is 17 months prior to the notification issued in respect of other properties as above stated. Therefore, from 1,37,000/-, if 20% de-escalation is made for two years that would come to Rs.1,09,600 per acre as against Rs.28,000/- per acre. Therefore, the claimant/appellant is entitled to compensation of Rs.1,09,600/- per acre with statutory benefits excluding the interest for the delayed period of 9808 days. Therefore, the appeal is liable to be allowed in part with costs.

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In the result, I proceed to pass the following:

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HC-KAR

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ORDER

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i. The appeal is allowed in part with costs.

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ii. The judgment and award dated 30.03.1991, passed by the Additional Civil Judge, Bagalkot, in LAC No.706/1987, is modified by determining the market value for the acquired land at the rate of Rs.1,09,600/per acre, as against Rs.28,000/- per acre awarded by the reference Court.

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iii. The appellant is entitled for the compensation along with all statutory benefits excluding the interest for the delayed period of 9808 days.

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iv. Registry to draw award accordingly.

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Sd/(HANCHATE SANJEEVKUMAR) JUDGE

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RKM CT:BCK LIST NO.: 1 SL NO.: 21

Irappa Lakshmappa Amblikoppa v. the Special Land Acquisition Officer

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Irappa Lakshmappa Amblikoppa v. the Special Land Acquisition Officer

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