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IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH)
G. NARENDAR, HANCHATE SANJEEV KUMAR, JJ.
G. Nagasubaraju - Appellant
Vs.
The Special Land Acquisition Officer, Munirabad-Mehaboob Nagar Railway Line Construction Project and Ors. - Respondent
Miscellaneous First Appeal No. 103193 of 2015, 101872 of 2016, 103251 of 2015, 101877 of 2016, 103252 of 2015 and 101876 of 2016 (LAC)
Decided On : 01-04-2021
Constitution of India,1950 - Article 14 - Land Acquisition Act, 1894 - Sections 4(1), 6(1), 18(1) , 12(2) , 17 , 23 , 24 and 53 - Code of Civil Procedure, 1908 - Rules 17 of Order XVI , 15 , 14 , 10 to 13 - Acquisition of Land - Produced three documents and got them marked - Conversion order permitting use of two acres for non-agricultural use - Lands comprised in Sy. Nos. 139, 128/4 and 128/6, are all situated in Gangavathi-2 Village measuring 19 guntas, 2 acres and 1 acre 35 guntas, respectively and were acquired for the purpose of laying a new railway line on the Mehaboob Nagar-Munirabad route. The notifications under Sections 4(1) and 6(1) of the Land Acquisition Act, 1894 ("Act" for short) came to be Gazetted on 30-7-2009 and 24-6-2010, respectively. The Special Land Acquisition Officer ("SLAO" for short) passed an award on 5-12-2011 fixing the market value of the lands at Rs. 1,90,778/- per acre. The SLAO placed reliance on the sale statistics pertaining to the agricultural lands in and around Gangavathi Village for the years 2006-07,; 2007-08, 2008-09 and 2009-10 and taking the average of the sale statistics, concluded the market value – Held, sought for the purpose of establishing a single unit. No evidence of establishment of any industry that generates mass employment or formation of housing layouts or industrial hubs is placed before the Court. There is no evidence to demonstrate any commercial potentiality. In fact, a part of Sy. No. 139 was converted way back in the year 1994, for the purpose of establishing rice mill. This, coupled with the fact that the remaining portion has also now come within the municipal area, ought to have acted as a stimulus for development, viz., like housing colonies, commercial malls, theatre, etc., but this Court does not find any material evidencing development of such nature. On the contrary, the lands continue to retain the same features - We have come across several awards bereft of factual details, like date of the Notification, the date of final notification and the date of taking possession all of which are crucial for appreciating as to whether the reference petitions are maintainable in the light of the law laid down by the Apex Court - appeals by the Claimants in M.F.A. No. 103193/2015, MFA No. 103251/2015 and MFA No. 103252/2015 for enhancement are rejected and the appeals by the Beneficiary in MFA No. 101872/2016, MFA No. 101877/2016 and MFA No. 101876/2016 are partly allowed and the matters are remitted back to the Reference Court for consideration and while reconsidering – Ordered Accordingly
JUDGMENT :
G. NARENDAR, J.
1. M.F.A. No. 103193/2015 arises out of L.A.C. No. 18/2013 and is preferred by the claimant. MFA No. 101872/2016 is preferred by the beneficiary, as against the aforesaid award.
2. MFA No. 103251/2015 is preferred by the claimant in LAC No. 16/2013 and MFA No. 101877/2016 is preferred by the beneficiary.
3. MFA No. 103252/2015 is preferred by the claimant in LAC No. 15/2013 and MFA No. 101876/2016 is preferred by the beneficiary.
4. All the six appeals are taken up for disposal by this common judgment, as the appeals are canvassed and addressed on similar grounds.
5. The facts involved in the appeal. The lands comprised in Sy. Nos. 139, 128/4 and 128/6, are all situated in Gangavathi-2 Village measuring 19 guntas, 2 acres and 1 acre 35 guntas, respectively and were acquired for the purpose of laying a new railway line on the Mehaboob Nagar-Munirabad route. The notifications under Sections 4(1) and 6(1) of the Land Acquisition Act, 1894 ("Act" for short) came to be Gazetted on 30-7-2009 and 24-6-2010, respectively. The Special Land Acquisition Officer ("SLAO" for short) passed an award on 5-12-2011 fixing the market value of the lands at Rs. 1,90,778/- per acre. The SLAO placed reliance on the sale statistics pertaining to the agricultural lands in and around Gangavathi Village for the years 2006-07,; 2007-08, 2008-09 and 2009-10 and taking the average of the sale statistics, concluded the market value.
6. The claimants aggrieved by the market value fixed, protested the same and filed their protest petition, invoking Section 18(1) of the Act on 16-3-2013. The notice under Section 12(2) of the Act is dated 21-1-2013. The protest petition is preferred within the period of limitation. On reference of the petition filed under Section 18(1), the Court of the Senior Civil Judge, Gangavathi registered the same as LAC Nos. 18/2013, 16/2013 and 15/2013 and proceeded to hear them. Thereafter, it was pleased to partly allow the claims by enhancing the market value in LAC No. 18/2013 from Rs. 1,90,778/- per acre to Rs. 18,75,000/- per acre on the ground that the land in Sy. No. 139 possesses "commercial potential" and in respect of LAC Nos. 16/2013 and 15/2013, the Reference Court was pleased to enhance the market value from Rs. 1,90,778/- per acre to Rs. 16,50,000/- per acre, on the ground that the lands in Sy. Nos. 128/4 and 128/6 possess "non-agricultural potential".
7. It is pertinent to note that in all about 671 acres and 14 guntas of land were notified under Section 17 of the Act and acquired for the purpose of laying the new railway line.
8. The claimant in LAC No. 18/2013 has produced and got marked Exs. P.1 to P.123. The claimants in LAC No. 16/2013 produced and got marked five documents as Exs. P.137 to P.143 and the claimant in LAC No. 15/2013 produced three documents and got them marked as Exs. P.145 to P.147.
9. The claimant in LAC No. 18/2013 got himself examined as P.W. 1 and the husband of the claimant in LAC No. 15/2013 is examined as P.W. 5. P.W. 7, a valuer has been examined on behalf of the claimants to demonstrate the non-agricultural potential of the lands and their market value.
10. The Reference Court after assigning various reasons to reject all the exhibits, proceeded to place reliance on Ex. R.1 and Ex. P.110 to P.115 to determine the market value at Rs. 15,00,000/- per acre. Exs. P.110 to P.115 are proceedings of the Deputy Commissioner, pursuant to an exercise undertaken to determine and conclude a consensual market price in the grama sabha. By the said exercise, the market value of wet/irrigated lands has been fixed at Rs. 15,00,000/-. The market value of the lands irrigated by bore-well has been fixed at Rs. 8,00,00/- and in respect of dry lands, the market value has been fixed at Rs. 6,00,000/-. In respect of converted lands, the consensual price has been fixed at Rs. 1,500/- per square
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