Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 20577 OF 2013 (LAC) BETWEEN:
1. RAMANNA BASAPPA NARASAGOUDAR,
SINCE DECEASED BY LR9S., 1A. SMT. MANJULA W/O RAMANNA NARASAGOUDAR, AGED ABOUT 37 YEARS, OCC: HOUSEHOLD WORK, R/O: #542/5, GUTTAL ROAD, BASAVANAGUNDI NAGAR, VTC, RANEBENNUR, 1B. LINGARAJ
Digitally signed by S/O RAMANNA NARASAGOUDAR, MALLIKARJUN RUDRAYYA KALMATH AGED ABOUT 32 YEARS, Location: HIGH COURT OF KARNATAKA OCC: AGRICULTURE, DHARWAD BENCH R/O: PLOT NO.791/B, 8TH CROSS, VAGEESH NAGAR, RANEBENNUR, 1C. MAHESH S/O RAMANNA NARASAGOUDAR, AGED ABOUT 30 YEARS, OCC: AGRICULTURE, R/O: VAGEESH NAGAR, 8TH CROSS, RANEBENNUR, -2- 1D. SMT. PAVITRA W/O NAGARAJ GOURAKKALAVAR, AGED ABOUT 26 YEARS, OCC: HOUSEHOLD WORK, R/O: NAGANATH NAGAR, RANEBENNUR, TQ: RANEBENNUR, & APPELLANTS (BY SRI ASHOK C. ANGADI, ADVO.) AND:
1. ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, HAVERI SUB-DIVISION, HAVERI, DIST: HAVERI-581 115.
2. SECRETARY, APMC RANEBENNUR, & RESPONDENTS (BY SRI ASHOK T. KATTIMANI, ADVOCATE FOR R1; R2 3 NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF THE LAND ACQUISITION, 1894, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 31.10.2012, PASSED IN L.A.C.NO.37/2005, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., RANEBENNUR AND ETC.,.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT
IS DELIVERED THEREIN AS UNDER: -3-
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant questioning the
judgment and award dated 31.10.2012, passed by the
Principal Senior Civil Judge and JMFC, Ranebennur, in LAC No.37/2005, seeking enhancement of compensation.
2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court.
3. It is the case of claimant that the land bearing R.S.No.123/B, measuring 04 acres 31 guntas, situated in Koonabevu village was acquired under the preliminary
notification dated 14.03.2002, for the purpose of construction of APMC Mega Market, Ranebennur. The Special Land Acquisition Officer (SLAO) has passed award awarding compensation of Rs.40,797/- per acre and the reference Court has enhanced it to Rs.2,86,000/- per acre by deducting 45% towards development charges. -4-
4. Learned counsel for appellants submitted that in
the very same and similar facts and circumstances in respect of the very same notification for the lands acquired in the very same village for very same project of construction of APMC Mega Market, Ranebennur, this Court has enhanced the compensation amount to Rs.3,64,000/- per acre as against Rs.2,86,000/-. Therefore, prays for enhancement of compensation in terms of judgment of this Court in MFA
No.20602/2013 and connected matters dated 04.06.2021. Therefore, on parity, the appellants pray for enhancement of compensation.
5. In the present case, preliminary notification is
dated 14.03.2002, for acquiring the land bearing R.S.No.123/B, situated at Koonabevu village and the SLAO has awarded the compensation of Rs.40,797/- in respect of the adjacent lands, in the very same village, for the very same project of construction of APMC Mega Market, Ranebennur and this Court in the case of Hanumanthappa S/o.Ningapa Honnatti, since deceased by his L.Rs., vs. Assistant Commissioner and Land Acquisition Officer -5-
and another, in MFA No.20602/2013 and connected matters, disposed of on 04.06.2021 (stated supra), has enhanced the compensation to Rs.3,64,000/- per acre. When the land in the present appeal and the land in the above cited case are situated in the same village and adjacent to each other and acquired for the very same purpose, the appellants are also entitled for the compensation equal to the award in the above stated case. Therefore, the appeal is squarely covered by the judgment stated supra. Hence, the appeal is liable to be allowed in part. Hence, I proceed to pass the following:
ORDER
i) The appeal is allowed in part with costs. ii) The judgment and award dated 31.10.2012, passed by the Principal Senior Civil Judge and JMFC, Ranebennur, in LAC No.37/2005, is modified by determining the market value for the acquired land at the rate of Rs.3,64,000/- per acre, as against Rs.2,86,000/- awarded by the reference Court. -6- iii) The appellant is entitled for the compensation along with all statutory benefits and interest. iv) Rest of the observations made by the reference Court are left undisturbed. v) The appellants/claimants are not entitled for interest from the date on which the appeal was dismissed for non prosecution i.e., from 11.09.2013 till the date of recalling the order i.e., on 08.01.2025. vi) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 1