Case Note & Summary
The High Court of Karnataka Kalaburagi Bench heard a conglomeration of appeals and cross-objections arising from land acquisition proceedings concerning lands in Kakhandaki Village, Bijapur Taluk and District. The acquisition was initiated by a preliminary notification issued on 29.09.2006 under Section 4(1) of the Land Acquisition Act, 1894, for the purpose of constructing a Minor Irrigation Tank. 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 landowners sought reference under Section 18(1) of the Act, leading to proceedings before the II Additional Senior Civil Judge, Bijapur (Reference Court), which passed common judgments on 13.02.2013 in certain LAC numbers and on 04.07.2013 in others, enhancing compensation to varying amounts. Dissatisfied with these determinations, both the State of Karnataka and the land losers filed appeals under Section 54(1) of the Land Acquisition Act, and the land losers also filed cross-objections under Order 41 Rule 22 of the Code of Civil Procedure, 1908. The State contended that the enhancement by the Reference Court was grossly excessive, while the land losers claimed the compensation was grossly inadequate and sought further enhancement. Multiple appeals were clubbed together, involving various survey numbers and extents of land. The matters were heard and reserved for judgment on 22.01.2020, and the judgment was pronounced on 24.04.2020 by Justice M. Nagaprasanna. The substantive analysis, findings, and final decision of the court are not detailed in the available text.
Issue of Consideration
Case Details
2020 LawText (KAR) (04) 6
M.F.A. No.200380/2015 (LAC) c/w M.F.A.No.200379/2015, M.F.A.No.200381/2015, M.F.A.No.33116/2013, MFA CROB. No.200055/2016, M.F.A.No.33115/2013, MFA CROB. No.200054/2016, M.F.A.No.33114/2013, MFA CROB.NO.200053/2016, M.F.A.No.33117/2013, MFA CROB. No.200052/2016(LAC)
G. Narendar, M. Nagaprasanna
Harshavardhan R. Mali Patil, Archana P. Tiwari, Basavaraj Kareddy, Biradar Viranagouda
Ramesh S/o Shivappa Revadigar and others; The State of Karnataka (in separate appeals)
The Special Land Acquisition Officer and Assistant Commissioner, Bijapur; The Executive Engineer, M.I. Division, Bijapur; and various land losers (in cross-appeals)
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Nature of Litigation
Land acquisition compensation appeals and cross-objections challenging the Reference Court's determination of market value for lands acquired for a Minor Irrigation Tank.
Remedy Sought
Land losers sought enhancement of compensation; the State sought reduction of compensation awarded by the Reference Court.
Filing Reason
Dissatisfaction with the compensation amount determined by the Reference Court in land acquisition references under Section 18 of the Land Acquisition Act, 1894.
Previous Decisions
The II Additional Senior Civil Judge, Bijapur (Reference Court) passed common judgments dated 13.02.2013 in LAC Nos.38, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42 of 2010 and dated 04.07.2013 in LAC Nos.49, 50, 51 of 2010, enhancing compensation to varying amounts.
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 issued on 29.09.2006 under Section 4(1) of Land Acquisition Act; LAO determined compensation; references under Section 18 to Reference Court; Reference Court passed judgments on 13.02.2013 and 04.07.2013; appeals filed under Section 54(1) before High Court; cross-objections filed under Order 41 Rule 22 CPC; heard and reserved on 22.01.2020; pronounced on 24.04.2020.
Acts & Sections
- Land Acquisition Act, 1894: 4(1), 18(1), 54(1)
- Code of Civil Procedure, 1908: Order 41 Rule 22
