Sri. S.V. Thimmaiah Vs the Special Land Acquisition Officer

THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, PRAYING TO CALL FOR RECORDS AND SET ASIDE/MODIFY THE JUDGMENT AND AWARD DATED 21.04.2010 IN LAC NO.85/2003 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA. TO DETERMINE THE MARKET VALUE OF THE APPELLANTS IN LAND BEARING SY.NO.21, MEASURING 02 ACRES 11 GUNTAS SITUATED AT GOPISHETTYKOPPA VILLAGE, SHIVAMOGGA TALUK AT Rs.105/- PER SQ.FT. AND AWARD ALL STATUTORY BENEFITS IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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This appeal is filed by the claimants under Section

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54(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' ) challenging the judgment and award dated 21.04.2010 passed in LAC No.85/2003 by the Court of the I Additional Senior Civil Judge and CJM at

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HC-KAR

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Shimoga (hereinafter referred to as 'the Reference

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Court' ) seeking for higher compensation.

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Sri.B.Lokanath, learned counsel for the appellants submits that the Reference Court has committed a grave error in determining the market value of the land in question at Rs.2,50,000/- per acre. It is submitted that the co-ordinate Bench of this Court in the case of A.Suresh v The Special Land Acquisition Officer, Shimoga and Another¹ has enhanced the market value at Rs.105/- per square feet. It is further submitted that in the said case, the acquisition was for the same purpose and of the same village. Hence, the appellant in the instant case is also entitled to the similar benefit and seeks to allow the appeal.

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Per contra, Smt. Prathibha R.K., Additional

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Government Advocate for respondent No.1 and Sri.Prashanth B.R., learned counsel for respondent No.2

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1 M.F.A. No.4641/2014 and connected matter dated 25.02.2020

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HC-KAR

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support the impugned judgment and award of the Reference Court and submit that the Reference Court has determined the market value based on the evidence available on record, which does not call for any interference. It is further submitted that the judgment of the co-ordinate Bench cannot be the sole basis to enhance the compensation. It is also submitted that the appellant is required to adduce evidence to prove the market value of the lands in question. Hence, they seek to dismiss the appeal.

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We have heard the arguments of the learned

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counsel appearing for the appellants, the learned AGA for respondent No.1, the learned counsel for respondent No.2 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced. The point that arises for our consideration in this appeal is:

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HC-KAR

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"Whether the impugned judgment and award passed by the Reference Court calls for any interference?"

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The pleadings and evidence on record indicate

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that the appellants' land measuring 2 acres 11 guntas bearing Sy No.21 at Gopishettykoppa Village, Kasaba Hobli, Shimoga Taluk, was acquired pursuant to a preliminary notification dated 30.03.1996 issued under Section 4(1) of the Act for the purpose of the Upper Tunga Project. The Special Land Acquisition Officer (SLAO) passed an award determining the market value of the land at Rs.66,000/- per acre. Being aggrieved by the said award, the appellants sought a reference under Section 18(1) of the Act. Upon reference, the Reference Court re-determined the market value at Rs.2,50,000/- per acre. The learned counsel for the appellants, however, relied on the judgment of co-ordinate Bench of this Court in the case of A. Suresh referred supra wherein, the market value of the lands situated in the very same locality i.e.,

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HC-KAR

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Gopishettykoppa Village, Shimoga Taluk, acquired for the same purpose was re-determined at Rs.105/- per square feet.

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Having perused the judgment in the case of A.

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Suresh referred supra , we find that the lands involved therein and the appellants' land in the present case are similar in nature, location, and potentiality, and were acquired for the same purpose. It would therefore be unjust and inequitable to treat the appellants dissimilarly in the matter of compensation. Accordingly, we are of the considered view that the appellants are entitled to the same rate of compensation as awarded in the aforesaid case, i.e., at Rs.105/- per square feet.

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For the aforementioned reasons, the appeal is

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allowed in part with costs.

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The market value of the land measuring 2 acres 11 guntas bearing Sy.No. 21 situated at Gopishettykoppa Village, Kasaba Hobli, Shimoga Taluk is re-determined at

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