IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JUNE, 2021

PRESENT

THE HON'BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE MR. JUSTICE V. SRISHANANDA

MISCELLANEOUS FIRST APPEAL No.5709/2015 (LAC)

BETWEEN:

SRI G. ANJANI

SINCE DEAD BY HIS LRs.

a)

SMT. JAYALAKSHMAMMA,

W/O LATE G. ANJANI @ ANJINAPPA,

AGED 52 YEARS,

b)

SRI. ABHISHEK A.,

S/O LATE G. ANJANI @ ANJINAPPA,

AGED 25 YEARS,

BOTH ARE R/O UNGRA VILLAGE,

C.S.PURA HOBLI, GUBBI TALUK,

MAVINAHALLI POST,

TUMKUR DISTRICT-572216.

...APPELLANTS

(BY SRI K.N. NITISH, ADVOCATE FOR

SRI K. V. NARASIMHAN, ADVOCATE)

2

AND:

1 .

THE SPECIAL LAND ACQUISITION OFFICER,

HEMAVATHI CANAL ZONE,

TUMKUR-572101.

2 .

THE CHIEF ENGINEER,

HEMAVATHI CANAL ZONE,

TUMKUR-572101.

…RESPONDENTS

(BY SMT. A.R. SHARADAMBA, AGA FOR R1;

SRI K.S. BHEEMAIAH, ADVOCATE FOR R2)

*****

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 54(1) OF THE LAND ACQUISITION ACT R/W ORDER 41

RULE 1 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED

30.10.2012 PASSED IN LAC. No.38/2007 ON THE FILE OF THE

SENIOR CIVIL JUDGE AND JMFC., GUBBI, PARTLY ALLOWING THE

REFERENCE PETITION AND SEEKING FOR FURTHER ENHANCEMENT

OF COMPENSATION.

THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR

HEARING

THIS

DAY,

B.VEERAPPA

J.,

DELIVERED

THE

FOLLOWING:

J U D G M E N T

The appellant/claimant filed the present Miscellaneous First

Appeal against the Judgment & Award dated 30.10.2012 made in

LAC No.38/2007 on the file of the Senior Civil Judge & JMFC, Gubbi,

awarding compensation of Rs.64,000/-, Rs.84,000/-, Rs.68,000/-

3

and

Rs.60,000/-

towards

the

lands

and

Rs.4,23,360/-,

Rs.1,28,250/-,

Rs.23,040/,

Rs.11,342/-,

Rs.1,000/-

and

Rs.75,650/- respectively as compensation towards 56 coconut

trees, 38 arecanut trees, 3 jali trees, 1 jack fruit tree, 1 lemon plant

and one borewell.

2. It is the case of the claimant that Sy.Nos.148/1, 148/2,

209 and 175 of Ungra, C.S. Pura Hobli, Gubbi taluk belonged to

him. In the said lands, the lands to the extent of 16 guntas, 21

guntas, 17 guntas and 15 guntas were acquired by the respondent

for formation of Hemavathi Channel. It is further case of the

claimant there were 56 coconut trees, 38 arecanut trees, 3 jali

trees, 1 jackfruit tree, 1 lemon plant and one borewell in the

acquired land and a meager compensation was awarded by the

respondent towards the lands and trees. The respondent issued

the preliminary notification on 15.4.2004 and the final notification

on 7.7.2005 and the award came to be passed by the Land

Acquisition Officer on 16.9.2005. Being not satisfied with the award

passed by the Land Acquisition Officer, the claimant filed an

4

application under Section 18(1) of the Land Acquisition Act before

the reference Court for enhancement of compensation.

3. In order to prove the case of the claimant, he got

examined himself as PW.1 and produced the material documents -

Ex.P1 to Ex.P22. The respondents have not produced any material

documents to disprove the case of the claimant.

4. Based on the material on record, the reference Court

framed the following issue for consideration:

“Whether the petitioner is entitled for the

relief claimed by him ?”

5. On considering both the oral and documentary evidence

on record, the reference Court proceeded to award compensation of

Rs.64,000/-, Rs.84,000/-, Rs.68,000/- and Rs.60,000/- towards the

lands and Rs.4,23,360/-, Rs.1,28,250/-, Rs.23,040/, Rs.11,342/-,

Rs.1,000/- and Rs.75,650/- respectively as compensation towards

56 coconut trees, 38 arecanut trees, 3 jali trees, 1 jack fruit tree,

1 lemon plant and one borewell. Hence, the present Miscellaneous

5

First Appeal filed by the appellant/land loser for enhancement of

compensation.

6. The respondents have not filed any appeal against the

impugned judgment and award passed by the reference Court.

7. We have heard the learned counsel fo