Case Note & Summary
These appeals and cross-objections arose from land acquisition proceedings initiated by the State for the South Central Railway in Mahagaon village, Kalaburagi. The Land Acquisition Officer awarded compensation at Rs.63,363 per acre. Dissatisfied, the landowners sought reference under the Land Acquisition Act, 1894. The Reference Courts enhanced the compensation to Rs.39,20,400 per acre. The Union of India, as the beneficiary, appealed against the enhancement contending it was excessive, while the landowners filed cross-objections seeking further enhancement to Rs.92-100 per square foot. The High Court clubbed all matters for common hearing. The judgment, as recorded, was delivered on September 24, 2020, by a Division Bench comprising Justice Krishna S. Dixit and Justice P.N. Desai. The judgment text is incomplete and does not contain the court's reasoning or final decision.
Issue of Consideration
Whether the compensation determined by the Reference Court is just and proper?
Case Details
2020 LawText (KAR) (09) 113
MFA No.201775/2018 (LAC) along with connected matters
Krishna S. Dixit, P.N. Desai
Manvendra Reddy, Rajesh Doddamani, Archana P. Tiwari, Harshavardhan R. Malipatil
Union of India Through Deputy Chief Engineer Construction, South Central Railways, Secundrabad (Andhra Pradesh) Represented by Assistant Executive Engineer, Construction, S.C. Railway, Gulbarga
Smt. Shantabai W/o. Veerabhadrappa And Others (in MFA No.201775/2018)
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Nature of Litigation
Land acquisition compensation determination under the Land Acquisition Act, 1894.
Remedy Sought
The appellant Union of India seeks reduction of enhanced compensation; the landowners/cross-objectors seek further enhancement to Rs.92-100 per sq. ft. with statutory benefits.
Filing Reason
Aggrieved by the compensation awarded by the Land Acquisition Officer, the landowners sought reference; the Reference Court enhanced compensation; both the beneficiary (Railways) and the landowners appealed against the enhancement.
Previous Decisions
Land Acquisition Officer awarded Rs.63,363 per acre; Reference Courts enhanced to Rs.39,20,400 per acre.
Issues
Determination of correct market value of the acquired lands
Adequacy of compensation awarded by Reference Court
Entitlement to statutory benefits and interest from date of possession
Judgment Excerpts
These appeals by the beneficiary of acquisition namely the Central Railways and the Cross Objections by the land-losers call in question a common judgment & award dated 19.06.2019 and also a solo judgment & award dated 23.01.2020, entered by the Reference Courts whereby the compensation payable for the acquired lands is enhanced by re-determining their value at Rs.39,20,400/- per acre as against Rs.63,363/- awarded by the Land Acquisition Officer; the Railways complained that the award is much on the higher side whereas the land-losers, per contra, grieved that the same is much on the meager side.
Procedural History
The Land Acquisition Officer awarded Rs.63,363 per acre for lands in Mahagaon village, Kalaburagi, acquired for South Central Railway. Landowners filed references under Section 18 of Land Acquisition Act, 1894. The Reference Courts (III Addl. Senior Civil Judge and Prl. Senior Civil Judge) passed various judgments on 30.06.2018, 28.03.2019, 19.06.2019 and 23.01.2020 enhancing compensation to Rs.39,20,400 per acre. The Union of India, as beneficiary, filed appeals under Section 54(1) of the Land Acquisition Act, 1894, and the landowners filed cross-objections under Order 41 Rule 22 of CPC praying for further enhancement.
Acts & Sections
- Land Acquisition Act, 1894: Section 54 (1)
- Code of Civil Procedure, 1908: Order 41 Rule 22
