Case Note & Summary
The High Court of Karnataka Kalaburagi Bench heard a conglomeration of appeals filed under Section 54(1) of the Land Acquisition Act, 1894, and cross-objections under Order 41 Rule 22 of the Code of Civil Procedure, 1908. The matters arose from the acquisition of lands in Kakhandaki Village, Bijapur Taluk and District, for the construction of a Minor Irrigation Tank. A preliminary notification was issued on 29 September 2006 under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer determined the market value at Rs.57,500 per acre for irrigated lands and Rs.44,000 per acre for dry lands. Aggrieved by the compensation, the land losers sought reference to the civil court under Section 18(1) of the Act. The Reference Court, II Additional Senior Civil Judge, Bijapur, partly allowed the claim petitions by enhancing compensation. In one set of cases (LAC Nos.38, 40, 41, 36, and others), the Reference Court by a common judgment dated 13 February 2013 awarded Rs.3,06,000 per acre for irrigated lands and Rs.2,04,000 per acre for dry lands. In another set (LAC Nos.49, 50, and 51 of 2010), the Reference Court passed a common judgment on 4 July 2013, the terms of which are not detailed in the excerpt. Dissatisfied with the enhancement, the State Government filed appeals (M.F.A. Nos.33114, 33115, 33116, 33117 of 2013) contending that the compensation was grossly excessive. Conversely, the land losers filed cross-objections (MFA CROB Nos.200052 to 200055 of 2016) seeking further enhancement to Rs.9,00,000 per acre, and separate appeals (M.F.A. Nos.200379, 200380, 200381 of 2015) seeking enhancement to Rs.5,50,000 per acre for the lands covered by the 4 July 2013 judgment. The appeals and cross-objections were heard together on 22 January 2020 and judgment was reserved. On 24 April 2020, the High Court pronounced judgment. The text provided ends with the factual narration and does not include the legal reasoning, arguments, or the final decision of the Court.
Issue of Consideration
Case Details
2020 LawText (KAR) (04) 3
M.F.A. No.200380 OF 2015 (LAC) c/w M.F.A.No.200379 OF 2015, M.F.A.No.200381 OF 2015, M.F.A.No.33116 OF 2013, MFA CROB. No.200055 OF 2016, M.F.A.No.33115 OF 2013, MFA CROB. No.200054 OF 2016, M.F.A.No.33114 OF 2013, MFA CROB.NO.200053 OF 2016, M.F.A.No.33117 OF 2013 AND MFA CROB. No.200052 OF 2016(LAC)
G. Narendar, M. Nagaprasanna
Harshavardhan R. Mali Patil, Archana P. Tiwari, Basavaraj Kareddy, Biradar Viranagouda
Ramesh S/o Shivappa Revadigar, Parwati W/o Gangappa Revadigar, Shridevi W/o Gurapa
The Special Land Acquisition Officer and A.C. Bijapur, The Ex. Engineer, M.I.Dn. Bijapur
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Nature of Litigation
Appeals under Section 54(1) of the Land Acquisition Act, 1894 against the judgment and award of the Reference Court determining compensation for acquired lands.
Remedy Sought
Land losers sought enhancement of market value to Rs.5,50,000 per acre (in MFAs 200379-200381/2015) and to Rs.9,00,000 per acre (in cross objections); State sought reduction of compensation.
Filing Reason
Acquisition of lands for construction of a Minor Irrigation Tank; dissatisfaction with compensation determined by the Land Acquisition Officer and then by the Reference Court.
Previous Decisions
Reference Court (II Additional Senior Civil Judge, Bijapur) enhanced compensation to Rs.3,06,000 per acre for irrigated lands and Rs.2,04,000 per acre for dry lands (dated 13.02.2013); and in other cases, reference court partly allowed claims (dated 04.07.2013).
Judgment Excerpts
The preliminary notification was issued on 29.09.2006 under Section 4 (1) of the Land Acquisition Act, 1894... proposing to acquire the said lands for construction of a Minor Irrigation Tank.
The Land Acquisition Officer determined the market value of the land at Rs.57,500/- per acre for irrigated lands and Rs.44,000/- per acre for dry lands.
Procedural History
Preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 29.09.2006 for acquisition of lands in Kakhandaki Village for a Minor Irrigation Tank. Land Acquisition Officer determined compensation at Rs.57,500 per acre (irrigated) and Rs.44,000 per acre (dry). Land losers sought reference under Section 18(1). Reference Court (II Addl. Senior Civil Judge, Bijapur) by common judgments dated 13.02.2013 (LAC Nos.38,40,41,36 etc.) and 04.07.2013 (LAC Nos.49,50,51/2010) enhanced compensation partly. State filed appeals (MFA Nos.33114-33117/2013) contending excessive enhancement. Land losers filed cross-objections (MFA CROB Nos.200052-200055/2016) and appeals (MFA Nos.200379-200381/2015) seeking further enhancement. All matters heard together, judgment reserved on 22.01.2020, delivered on 24.04.2020.
Acts & Sections
- Land Acquisition Act, 1894: Section 4(1), Section 18(1), Section 54(1)
- Code of Civil Procedure, 1908: Order 41 Rule 22
