IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 30^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

M.F.A.NO.101507/2020(LAC)

BETWEEN

SHIVAPPA S/O SHEKHAREPPA SANNASID

AGE: 60 YEARS, OCC:AGRICULTURE

R/O: TODALBAGI,

TQ:JAMAKHANDI, DIST:BAGALKOT.

...APPELLANT

(BY SRI.N L BATAKURKI,ADV.)

AND

1 . THE SPECIAL LAND ACQUSITION OFFICER

HIPPARAGI BARRAGE PROJECT

ATHANI-591304, DIST: BELGAVI

2 . THE KARNATAKA NIRAVARI NIGAM

DHARWAD-580001

3 . THE STATE OF KARNATAKA

REP BY DEPUTY COMMISSIONER

BAGALKOT-587101

…RESPONDENTS

(BY SRI.V.S.KALASURMATH, HCGP FOR R1 & R3)

(BY SRI.RAMESH N. MISALE, ADV. FOR R2)

THIS MFA IS U/SEC.54(1) OF LAND ACQUISITION ACT,

AGAINST THE JUDGMENT AND AWARD DTD 04.06.2016

PASSED

IN

LAC.NO.131/2015

ON

THE

FILE

OF

THE

ADDITIONAL SENIOR CIVIL JUDGE, JAMKHANDI, PARTLY

ALLOWING

THE

REFERENCE

PETITION

FILED

UNDER

SECTION 18(1) OF L.A.ACT.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

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: JUDGMENT :

The captioned appeal is filed by the claimant questioning

the Judgment and award dated 04.06.2016 passed in LAC

No.131/2015 on the file of Addl. Senior Civil Judge, Jamkhandi.

2.

The appellant’s land bearing survey No.58/2c measuring

22 guntas was acquired by respondents for Hipparaagi dam

project by 4(1) Notification dated 15.07.2010. The respondents

have issued final notification under Section 6(1) of Land

Acquisition Act on 22.09.2011. The first respondent passed

award on 27.09.2013 and fixed the compensation at Rs.67,749/-

per acre. The present appellants being aggrieved by the market

value fixed by first respondent/SLAO sought reference.

3.

Before Reference Court, the present appellant led in ocular

evidence and relied on documentary evidence as per Ex.P1 to

P21. The respondents though did not chose to lead any ocular

evidence, however, produced rebuttal evidence vide R1 to R9.

The Reference Court on re-appreciation of oral and documentary

evidence has fixed market value at Rs.5,52,500/-00 per acre.

The Reference Court has taken note of the award passed by

SLAO wherein acquiring authority has indicated that the lands

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acquired are wet and irrigated lands and sugarcane crop is grown

in the lands.

4.

Learned counsel for the appellant would submit to this

Court that Reference Court in LAC No.357/2015 has enhanced

and re-determined the market value of similarly acquired land for

the same project at Rs.6,23,750/- per acre. Placing reliance on

judgment of the Reference Court he would submit to this Court

that the present appellants are also entitled for market value at

Rs. 6,23,750/- per acre.

5.

Learned counsel appearing for respondent No.2 and

respondent No.3 do not dispute the re-determination of market

value by the Reference Court in LAC No.357/2015. It is also not

in dispute that the subject matters of lands in the present appeal

are similar and identical as in LAC No.357/2015.

6.

Having perused the materials on record and having

examined the market value re-determined by the Reference

Court in LAC No.357/2015, I am of the view that the present

appellants are also entitled for compensation at market value of

Rs.6,23,750/- per acre.

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7.

With these observations, I pass the following :

ORDER

Appeal is allowed.

The market value of the lands in the present appeal is fixed

at Rs.6,23,750/-(Rupees Six lakhs Twenty three thousand, seven

hundred fifty only) with all statutory benefits, interest and costs.

Appellant is not entitled for any interest on delayed period

of 1371 days.

Registry is directed to draw award accordingly.

Sd/-

JUDGE

HMB/-