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Judgment
This appeal is filed by the beneficiary challenging the judgment and award passed by the Senior Civil Judge, Saundatti (for short, ''the Reference
Court'') in LAC No.77/2015, wherein the reference Court has fixed the market value of the present acquired lands at Rs.5,08,000/- per acre
along with statutory benefits, interest and costs available under the Karnataka Land Acquisition Act, 1894 (for short, ''the Act'').
Respondent No.2 was the owner of land bearing Sy.No.400/1, measuring 00 acre 36 guntas of Yenagi village, Saundatti Taluka. Respondent
No.1 acquired the said lands vide preliminary notification issued under Section 4(1) of the Act, published in the Gazette on 26.01.2012. The
SLAO has fixed the market value at Rs.42,706 per acre and accordingly award was passed. Being dissatisfied, the claimant/respondent No.2
preferred reference application under Section 18(1) of the Act. The reference Court enhanced the market value of the acquired lands at
Rs.5,08,000/- per acre. Being aggrieved, the beneficiary is in appeal.
Learned counsel Sri. Ramesh N. Misale, appearing for the beneficiary/appellant submitted that the reference Court committed perversity in
placing reliance on the judgment passed in MFA No.24037/2012 (DD 26.08.2013) and awarding the compensation based thereon, since SLP
No.7106-7109/2015, filed by this appellant against such enhancement of compensation at Rs.5,08,000/- per acre was pending consideration
before the Hon''ble Apex Court. Though the aforesaid SLPs are dismissed by the Hon''ble Apex Court on 17.02.2017, RP Nos.100101-
102/2014 filed against such enhancement of compensation of Rs.5,08,000/- per acre is pending consideration before this Court. It was further
submitted that the reference Court failed to note that in large number of cases, where lands were acquired for the very same Malaprabha Project,
this Hon''ble Court has been pleased to award Rs.3,00,000/- per acre for the preliminary notification issued during the year 2008 and
Rs.3,30,000/- per acre for the lands acquired during the year 2009-10. Further, it was argued that the reference Court committed perversity in
enhancing the market value by taking erroneous facts and figures of yield and price of sugarcane. It has failed to note that the additional
expenditure towards harvesting and transportation expenses, commission etc. till receipt of sugarcane to the factory, paid by the factory was also
included in the price, which was not the sugarcane price given to the claimant/respondent No.2. Further, only one year''s rate was taken for
calculation, instead of average rate of three years which is a well-settled principle of law. Ignoring these vital aspects, the Reference Court
proceeded to award the compensation fixing the market value of the acquired lands at Rs.5,08,000/- per acre, which is unjust and calls for
interference by this Court.
It is not in dispute that in MFA No.24037/2012, this Court determined the market value of similarly situated lands acquired for the very same
Malaprabha Project at Rs.5,08,000/- per acre along with statutory benefits, interest and costs. Following the said judgment a good number of
cases are disposed of by this Court, however, subject to result of SLPs which were pending before the Hon''ble Apex Court at the relevant time
and review petitions pending before this Court. In view of dismissal of aforesaid SLPs before the Hon''ble Apex Court on 17.02.2017, the
arguments of the learned counsel for the appellant that the compensation awarded by the reference Court fixing the market value of the present
acquired lands at Rs.5,08,000/- per acre is exorbitant and excessive cannot be accepted, even the arguments of the learned counsel for the
appellant that harvesting and transportation charges were not deducted while determining the sugarcane price and as such, the same requires to be
considered while fixing the market value of the acquired lands also falls to ground, in view of the finality reached due to dismissal of the aforesaid
SLPs by the Hon''ble Apex Court.
For the aforesaid reasons, this Court do not find any material irregularity or unreasonableness in the judgment and award impugned herein in
awarding the compensation fixing the market value at Rs.5,08,000/- per acre with all statutory benefits, interest and costs. However, in view of the
pendency of the review petitions, this Court finds it appropriate to dismiss the appeal filed by the appellant/beneficiary, subject to result of review
petitions in RP Nos.100101-102/2014.
In the result, the appeal stands dismissed as indicated above. In view of dismissal of the appeal, all the pending applications are consigned to file.