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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 16 th DAY OF SEPTEMBER, 2016
BEFORE
THE HON’BLE MRS.JUSTICE S.SUJATHA
M.F.A. Crob NO.899/2013(LAC) IN (MFA.NO.25787/2011) BETWEEN:
Vasant S/o Basavanneppa Torangatti, Age:68 years, Occ: Agriculture, R/o Neginhal, Taluk: Bailhongal, Dist:Belgaum. ……Cross Objector (Sri. K.H.Bagi for Sri. S.N. Hatti, Advs.)
AND:
1. The Executive Engineer, M.L.B.C.C. Division No.2, Karnataka Neeravari Nigam Ltd., Naviluteerth, Tq: Saundatti, Dist: Belagavi.
2. The Special Land Acquisition Officer, Malaprabha Project-3, Dharwad-3, Bagalkote. ……Respondents (Sri. G.K. Hiregoudar, Adv. for R1) (Sri. Raja Raghavendra Naik, AGA for R2) : 2 :
THIS MFA CROB FILED UNDER ORDER 41 RULE 22 OF CPC R/W U/S 54(1) OF LA ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.08.2011 PASSED IN LAC NO.609/2010, ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL, PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS CROSS OBJECTION COMING ON FOR ADMISSION, THIS DAY THE COURT, DELIVERED THE FOLLOWING:
ORDER
Learned Government Advocate Sri Raja Raghavendra
Naik, is permitted to accept notice on behalf of respondent
No.2 and Sri G.K.Hiregoudar, learned Counsel is permitted to accept notice on behalf of respondent No.1.
2. The land looser is before this Court challenging the judgment and award dated 12.08.2011 passed by the
Senior Civil Judge, Bailhongal (for short “the reference
Court”) in LAC No.609/2010.
3. The facts in brief are that the cross-objector was
the owner of the land bearing Sy.No.63/1A measuring 1 acre
16 guntas situated at Kesarkoppa village of Bailhongal Taluk,
which was acquired by the Government of Karnataka for the
purpose of Malaprabha Reservoir Project by issuing
notification under Section 4(1) of the Land Acquisition Act (for
short “the Act”) on 07.06.2007. The SLAO passed the award : 3 :
at the rate of Rs.30,800/- per acre. Being aggrieved, the
Cross Objector filed reference application and the matter was
referred to the reference Court. The reference court
enhanced the market value at Rs.2,70,000/- per acre. Being
dissatisfied, the cross-objector is before this Court.
4. Learned Counsel Sri K. H. Bagi, appearing for the cross-objector placing reliance on the Division Bench
judgment of this Court in the case of BABU S/O RAMAPPA
GONI vs. THE SPECIAL LAND ACQUISITION OFFICER
AND ANOTHER in MFA.No.22947/2011 , disposed of on
01 st December 2011, contends that for the similarly situated lands, this Court has determined the market value at
Rs.3,00,000/- per acre with statutory benefit and costs and this cross-objection can be disposed of in terms of the said
judgment and order fixing the market value of the acquired land of the cross objector at Rs.3,00,000/- per acre. Learned
Counsel further submits that the judgment of this Court in
BABU S/O RAMAPPA GONI (supra) has reached finality, wherein the Hon’ble Apex Court has confirmed the market value fixed by this Court at Rs.3,00,000/- per acre.
5. Learned Counsel appearing for the respondents do not dispute the same. : 4 :
6. Heard the learned Counsel appearing for the
parties and perused the material on record.
7. It is evident that the lands measuring 1 acre 16
guntas of the Cross Objector situated at Kesarkoppa village of
Bailhongal Taluk was acquired for Malaprabha Reservoir
Project. The Division Bench of this Court for similarly situated
lands has fixed the market value at Rs.3,00,000/- per acre
which has been confirmed by the Hon’ble Apex Court. Thus,
applying the same as a guiding factor the market value of the
present acquired lands would be determined at Rs.3,00,000/-
per acre with all statutory benefits and costs.
8. In the result, the Cross Objection is allowed
enhancing the market value fixed by the reference court at
Rs.2,70,000/- per acre to Rs.3,00,000/- per acre with all
statutory benefits and costs.
Sd/- JUDGE sub/