Case Note & Summary
These appeals 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, arise from a common judgment of the Reference Court. The State of Karnataka, through the Land Acquisition Officer and Assistant Commissioner, Bijapur, filed appeals challenging the enhanced compensation awarded by the II Additional Senior Civil Judge, Bijapur, in LAC Nos. 38, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, and 42 of 2010 dated 13.02.2013, and LAC Nos. 49, 50, and 51 of 2010 dated 04.07.2013, as being grossly excessive. The landowners filed cross-objections seeking further enhancement of compensation, claiming the awards were grossly inadequate. The lands in question are situated in Kakhandaki Village, Bijapur Taluk and District, and were acquired for the construction of a Minor Irrigation Tank. A preliminary notification under Section 4(1) of the Land Acquisition Act, 1894, was issued on 29.09.2006. 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. On reference under Section 18(1), the Reference Court partly allowed the reference petitions and enhanced compensation to Rs.3,06,000 per acre for irrigated lands and Rs.2,04,000 per acre for dry lands in several matters. The landowners in the cross-objections sought a market value of Rs.9,00,000 per acre, while another set of appeals (MFA Nos. 200379-381/2015) sought enhancement to Rs.5,50,000 per acre. The High Court of Karnataka Kalaburagi Bench heard the matters to determine the appropriate compensation. However, the provided judgment text does not contain the court's analysis, reasoning, or final decision, as the document ends after setting out the factual matrix and the chart of the subject lands. Thus, the ultimate outcome and the principles applied remain unknown.
Issue of Consideration
Case Details
2020 LawText (KAR) (04) 10
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
G.Narendra, M.Nagaprasanna
Harshavardhan R. Mali Patil, Archana P. Tiwari, Basavaraj Kareddy, Biradar Viranagouda
Ramesh S/o Shivappa Revadigar & Ors. (in MFA No.200380/2015); The State of Karnataka through Land Acquisition Officer (in MFA Nos.33114-33117/2013)
The Special Land Acquisition Officer & Asst. Commissioner, Bijapur & Ors. (in MFA Nos.200379-381/2015); Basappa S/o Mallappa Kori & Ors. (in MFA Nos.33114-33117/2013)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Multiple appeals and cross-objections arising from land acquisition compensation determination.
Remedy Sought
Landowners sought enhancement of compensation; State sought reduction of compensation awarded by Reference Court.
Filing Reason
Dissatisfaction with the compensation amounts determined by the Reference Court; landowners found them inadequate, State found them excessive.
Previous Decisions
The Land Acquisition Officer awarded Rs.57,500 per acre for irrigated lands and Rs.44,000 per acre for dry lands. The Reference Court enhanced compensation to Rs.3,06,000 per acre for irrigated lands and Rs.2,04,000 per acre for dry lands in LAC Nos. 38, 40, 41, etc.; in LAC Nos. 49-51/2010, the Reference Court also enhanced compensation but the specific amount is not stated in the provided text.
Judgment Excerpts
The subject matter of acquisition in the aforestated appeals are concerning the lands situated in Kakhandaki Village, Bijapur Taluk and District. The preliminary notification was issued on 29.09.2006 under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’ for short), proposing to acquire the said lands for construction of a Minor Irrigation Tank.
The Land Acquisition Officer (hereinafter referred to as ‘the LAO’ for short) 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 was issued on 29.09.2006 under Section 4(1) of the Land Acquisition Act, 1894 for acquisition of lands in Kakhandaki Village for a Minor Irrigation Tank. The Land Acquisition Officer awarded compensation at Rs.57,500 per acre for irrigated lands and Rs.44,000 per acre for dry lands. Dissatisfied landowners sought reference under Section 18(1). The II Additional Senior Civil Judge, Bijapur, as Reference Court, passed a common judgment on 13.02.2013 in LAC Nos. 38, 30-37, 39-42/2010, enhancing compensation to Rs.3,06,000 per acre for irrigated lands and Rs.2,04,000 per acre for dry lands. A separate common judgment dated 04.07.2013 in LAC Nos. 49-51/2010 also enhanced compensation, though the amount is not specified. The State filed appeals under Section 54(1) challenging the enhancement as excessive, and landowners filed cross-objections under Order 41 Rule 22 CPC seeking further enhancement up to Rs.9,00,000 per acre. Additional appeals (MFA Nos. 200379-381/2015) were filed by certain landowners seeking enhancement to Rs.5,50,000 per acre.
Acts & Sections
- Land Acquisition Act, 189: 4(1), 18(1), 54(1)
- Code of Civil Procedure, 1908: Order 41 Rule 22
