Case Note & Summary
The case involves two appeals arising from a common judgment and award dated 6.2.2016 passed by the II Additional Senior Civil Judge and JMFC, Bagalkot in LAC No.83/2009. The land measuring 3 acres 14 guntas in Survey No.127/2 of Shigikeri Village, Bagalkot Taluk was acquired for establishing a 110 KV power grid. The preliminary notification was issued on 25.5.2006 and the final notification on 26.2.2007. The Special Land Acquisition Officer passed an award on 8.6.2007 determining the market value at Rs.60,428 per acre. The claimants sought enhancement by reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court enhanced the market value to Rs.162 per sq. ft. The claimants filed M.F.A.No.100574/2016 seeking further enhancement, while the beneficiary, the Executive Engineer of Karnataka Power Transmission Corporation Ltd., filed M.F.A.No.101345/2016 seeking reduction. The High Court, after hearing both sides, found no grounds to interfere with the Reference Court's award and dismissed both appeals.
Headnote
A) Land Acquisition - Compensation - Market Value - Determination - Reference Court enhanced compensation from Rs.60,428 per acre to Rs.162 per sq. ft. - Both claimants and beneficiary appealed - Held that the Reference Court's assessment was based on evidence and no interference warranted (Paras 2-3).
Issue of Consideration
Whether the Reference Court's determination of market value at Rs.162 per sq. ft. for the acquired land is correct and whether the claimants are entitled to further enhancement or the beneficiary is entitled to reduction.
Final Decision
Both appeals are dismissed. The judgment and award dated 6.2.2016 passed in LAC No.83/2009 by the II Additional Senior Civil Judge and JMFC, Bagalkot is confirmed.
Law Points
- Land Acquisition
- Compensation
- Market Value
- Enhancement
- Reference Court
- Section 18
- Section 54(1) of LA Act
- 1894
Case Details
2016 LawText (KAR) (10) 23
M.F.A.No.100574/2016 (LAC) C/W. M.F.A.No.101345/2016
Ashok B. Hinchigeri, P.S. Dinesh Kumar
Sri D.L.N. Rao, Senior Counsel for Sri Mrutyunjaya S. Hallikeri (for appellants in MFA 100574/2016 and respondents 1-2 in MFA 101345/2016); Smt. K. Vidyavati, AGA for R-1 and R-2 (in MFA 100574/2016) and for R-3 and R-4 (in MFA 101345/2016); Sri B.S. Kamate, Advocate for R-3 (in MFA 100574/2016) and for appellant (in MFA 101345/2016)
Mallayya Shivamurthyayya Hiremath and Smt. Neelavva Sangayya Hiremath (in MFA 100574/2016); The Executive Engineer (ELE), TI and SS Division, Karnataka Power Transmission Corporation Ltd. (in MFA 101345/2016)
The Asst. Commissioner, The Deputy Commissioner, The Executive Engineer (ELE) (in MFA 100574/2016); Mallayya Shivamurthayya Hiremath, Smt. Neelavva Sangayya Hiremath, The Assistant Commissioner, The Deputy Commissioner (in MFA 101345/2016)
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Nature of Litigation
Appeals against judgment and award in land acquisition reference for enhancement of compensation.
Remedy Sought
Claimants sought further enhancement of compensation; beneficiary sought reduction of compensation.
Filing Reason
Dissatisfaction with the Reference Court's award of Rs.162 per sq. ft. as market value.
Previous Decisions
Special Land Acquisition Officer awarded Rs.60,428 per acre on 8.6.2007; Reference Court enhanced to Rs.162 per sq. ft. on 6.2.2016.
Issues
Whether the Reference Court's determination of market value at Rs.162 per sq. ft. is correct?
Whether the claimants are entitled to further enhancement?
Whether the beneficiary is entitled to reduction?
Submissions/Arguments
Claimants argued that the Reference Court erred in not awarding higher compensation.
Beneficiary argued that the Reference Court awarded excessive compensation.
Ratio Decidendi
The Reference Court's assessment of market value based on evidence is not to be interfered with unless perverse or based on no evidence. No grounds for interference were made out.
Judgment Excerpts
Both these appeals arise from the judgment and award, dated 6.2.2016 passed in LAC No.83/2009.
The facts of the case in brief are that the appellants’ land measuring 3 acres 14 guntas situated at Survey No.127/2 of Shigikeri Village, Bagalkot Taluk was acquired for establishing 110 KV power grid.
Procedural History
Preliminary notification issued on 25.5.2006, final notification on 26.2.2007. SLAO passed award on 8.6.2007 at Rs.60,428 per acre. Claimants sought reference under Section 18. Reference Court enhanced to Rs.162 per sq. ft. on 6.2.2016. Both parties filed appeals before High Court.
Acts & Sections
- Land Acquisition Act, 1894: Section 18, Section 54(1)
