Basalingappa Since Deceased by Lrs Vs Special Land Acquisition Officer

(BY SRI. K. SHASHI KIRAN SHETTY AG A/W SRI. K. MALLAHA RAO, AAG AND SMT. T. MAYA RAJANN, HCGP FOR RESPONDENT/STATE; SRI. GOURISH S. KASHAMPUR, ADVOCATE FOR R2)

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THIS MSA IS FILED UNDER SEC. 54(2) OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 12.03.2015 PASSED BY THE IVTH ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KALABURAGI IN LAC-APPEAL NO.734/2012 VIDE ANNEXURE – A AND PLEASED TO MODIFY THE ALLOWING THE APPEAL BY ENHANCING THE COMPENSATION AT RS.1,09,332-PER ACRE DRY LAND FROM RS.55,888-PER ACRE AND RS.1,58,820- PER ACRE FOR WET LAND FROM RS.83,832-PER ACRE AS AWARDED BY 1^ST APPELLATE COURT, WITH ALL STATUTORY BENEFITS, INTEREST AND WITH COST, TO MEET THE REAL ENDS OF JUSTICE AND EQUITY.

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

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)

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This appeal is filed by the appellants/claimants claiming to be the owners of land bearing Sy.No.100, measuring 05 acres (wet land) and 04 acres and 28 guntas (dry land) situated in Harsoor Village, Gulbarga District which was acquired for the purpose of construction of Bennethora Project in terms of Preliminary Notification dated 05.07.1990 issued under Section 4 (1) of the Land Acquisition Act, 1894.

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The Special Land Acquisition Officer had determined the compensation at Rs.28,000/- per acre which was enhanced by the Reference Court vide order dated 16.09.2006 in LAC No.253/2005 to Rs.42,000/- per acre for wet land and Rs.28,000/- per acre for dry land. In the appeal filed in LACA No.734/2012 vide judgment and award dated 12.03.2015 before the IV Additional District and Sessions Judge, Kalaburgi, while partly allowing the said appeal the First Appellate Court enhanced the said compensation to Rs.83,832/- per acre in respect of irrigated land and Rs.55,888/- per acre in respect of dry land by relying upon the earlier order of this Court which was also in respect of the lands situated in the same village and

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HC-KAR

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the same notification and for the same purpose. Aggrieved by

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the same appellants have preferred the present appeals.

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Earlier this Court by separate order dated 02.03.2018 relying upon judgment of this Court passed in MSA No.200147/2017 pertaining to the lands situated in Kanadagi village that were acquired for the same purpose vide notification dated 23.03.1990 wherein the compensation was enhanced to Rs.1,52,059/- per acre of dry land and Rs.2,28,028/- per acre of wet land, had allowed the present appeal holding that the appellants being entitled for similar compensation with all statutory benefits. This Court had also held appellants would not be entitled for interest for the delayed period.

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The aforesaid orders of this Court were carried in appeals before the Apex Court by the Karnataka Neeravari Nigam Limited (KNNL). The Apex Court by its order dated 10.05.2022 passed in said appeals and connected matters remanded the matters to this Court for fresh consideration. Accordingly, the appeals are taken up for consideration.

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HC-KAR

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Pertinent to note that the Apex Court by its subsequent order dated 12.03.2024 passed in SLP No.13065/2022 along with connected matters, that were filed by KNNL against the compensation awarded in respect of acquisition pertaining to similar notification and similar lands, while remanding the matters for fresh consideration had observed that while reconsidering the matters afresh, the compensation shall not be reduced to a rate which is already paid to the land owners and which has attained finality.

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Learned counsel appearing for the appellants referring to the aforesaid direction issued by the Apex Court in its remand order dated 12.03.2024 submits that the appeal filed by the KNNL in SLP No.2563/2020 in respect of claim made by one Malkajappa pertains to the acquisition of lands situated in Harsoor village subject matter of the notification dated 05.07.1990 and that the said appeal has been dismissed by the Apex Court by its order dated 28.02.2020 and that the said claim has been satisfied. He further submits that the said order pertains to the lands situated in the same village and to very same notification as in respect of the present appeals.

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HC-KAR

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Learned counsel appearing for KNNL confirms the

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above aspect of the matter and fairly submits that since appeal filed by KNNL in respect of similar claims has been dismissed by

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the Apex Court confirming the order passed by this Court, he would not oppose allowing of the present appeal on similar lines.

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Heard and perused the records.

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Land subject matter of the aforesaid case is situated at Harsoor village and is notified for acquisition under aforesaid notification. The LAC court while enhancing the compensation to Rs.42,000/- per acre for wet land and Rs.28,000/- per acre for dry land by relying upon the evidence led by the parties.

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Aggrieved by the aforesaid order appellants preferred LACA No.734/2012, the First Appellate Court relying upon the judgment passed by this Court in MSA No.741/2012 enhanced the compensation of Rs.55,888/- per acre of dry land and Rs.83,832/- per acre in respect of wet land. The appellants herein aggrieved by the aforesaid order filed the present appeal.

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HC-KAR

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One Malkajappa who was one of the claimants as that

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of the claimants herein had filed appeal before this Court in MSA No.200092/2017. This Court by order dated 15.02.2018 relying upon its judgment passed in MSA No.200055/2016, as in the instant appeals, enhanced the compensation at Rs.1,52,059/- per acre of dry land.

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KNNL aggrieved by the aforesaid orders passed by this Court preferred appeals before the Apex Court as noted above. In the appeal filed by KNNL against the order passed in the aforesaid MSA No.200092/2017 pertaining to the claim of Malkajappa in Special Leave Petition Diary No.2563/2020, the Apex Court by its order dated 28.02.2020 dismissed the same. KNNL filed a Review Petition as against the said order. Even the said Review Petition was also dismissed by the Apex Court vide order dated 07.07.2021.

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Admittedly aforesaid enhanced compensation has been paid and satisfied by KNNL to said Malkajappa as could be seen in the communication dated 07.01.2022. Thus the acquisition proceedings in respect of lands belonging to the said Malkajappa situated at Harsoor village as that of the lands

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HC-KAR

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belonging to the claimants in the present appeals have attained finality including payment and satisfaction of enhanced compensation.

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Necessary to refer to the observation made by the Apex Court in its remand order dated 10.05.2022 at pages 13, 14 which is extracted hereunder;

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"Learned counsel appearing for the land owners were at pains to point out that some matters pertaining to some of the notifications, referred to in the present appeal proceedings, have reached upto this court and decided in favour of the land owners, including in some cases the appellants have acted upon the decision by paying compensation amount. Even the effect of such orders passed by this Court can be examined by the High Court on its owner merits and in accordance with law."

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Also necessary to refer to paragraph 15 of the order dated 12.03.2024 of the Apex Court passed in the case arising out of SLP (Civil) Nos.13065/2022 and connected matters, wherein the Apex Court has observed as under:

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"15. It goes without saying that the High Court, while undertaking this exercise, will not reduce the compensation to a rate which has already been paid to some of the land owners and which has attained finality. The rest of the contentions from both sides are kept open to be gone into by the High Court."

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HC-KAR

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In the light of the aforesaid factual aspect of the matter and the directions issued by the Apex court the claimants/Appellants in the instant appeal who are similarly situated with that of the aforesaid claimant-Malkajappa are therefore entitled for similar relief. Appeal is accordingly allowed.

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As already noted this Court by order dated 15.02.2018 had held that the appellants being entitled for compensation of Rs.1,52,059/- per acre of dry land and Rs.2,28,088/- per acre of wet land with all statutory benefits. This Court had also held that appellants would not be entitled for interest for the delay period. The appellants are thus entitled for compensation of Rs.1,52,059/- per acre of dry land and Rs.2,28,088/- per acre of wet land with all statutory benefits and cost.

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It is made clear that appellants would not entitled for interest that accrued during delay period before filing of the first appeals and as well as before filing present appeal.

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