Manik Rao and Others vs The Special Land Acquisition Officer and Others

K.N. Phaneendra, J.—The appellants have approached this Court calling in question the award dated 28.06.2014 passed by the III-Additional District Judge, Gulbarga in LAC (Appeal) No. 189/2012 and requesting this Court to modify the award by enhancing the compensation to Rs. 1,38,103/- per acre in respect of the dry land, from Rs. 65,000/- per acre, as awarded by the First Appellate Court, with all statutory benefits, interest and cost.

Learned counsel for the appellants has submitted before this Court that, this Court in MFA No. 30169/2008 vide order dated 05.04.2014 has enhanced the compensation in respect of the Dry Land to Rs. 1,15,086/- per acre. Therefore, the same order requires to be passed so far as this appeal is concerned.

It is seen from the records that the land bearing Survey Nos. 189/3 totally measuring 2 acres 10 guntas standing in the name of the appellants situated at Yelmamadi village, which is the adjacent village of Gadilingadahalli Village, Chincholi Taluk, Gulbarga District, was acquired by the Government for construction of small and minor irrigation projects at Gulbarga (Lower Mullamari Project). The acquisition proceedings were initiated by issuing Notification under Section 4(1) of the Land Acquisition Act in the official gazette dated 14.01.1993. The Special Land Acquisition Officer has fixed the compensation vide order dated 28.02.2002 at Rs. 8,000/- per acre for Dry Land from the date of notification under Section 4(1) of the L.A. Act till the date of award i.e., from 14.01.1993 to 26.03.1996. Aggrieved by the said award, the claimants filed a protest petition and thereafter, on receiving the reference from the Special Land Acquisition Officer, compensation was enhanced to Rs. 33,000/- per acre in respect of dry land. Being aggrieved by the said order, the claimants have preferred an appeal before the III Additional District Judge at Gulbarga in LAC (Appeal) No. 189/2012 and after re-evaluation of the materials on record, the Court has enhanced the said compensation to Rs. 65,000/- per acre to the said dry land of the claimants. Not being satisfied with the said order, the present MSA is preferred before this Court for enhancement of compensation.

In MSA No. 30169/2008, the notification under Section 4(1) of the Land Acquisition Act pertaining to Survey No. 12/1/1 of Gadilingadahalli village, which is adjacent to Yelmamadi Village, Chincholi Taluk, Gulbarga District, was dated 27.12.1992. Only few days difference is there so far as the notification pertaining to this case is concerned, i.e. to say, the notification issued under Section 4(1) of the Land Acquisition Act so far as the present case is concerned, was on 14.01.1993. Therefore, within a span of few days, the said notification has been issued, as such no difference can be found with regard to determination of the potentiality of the land and evaluation of the market value. Therefore, this Court has already evaluated the potentiality of the land and enhanced the compensation to Rs. 1,15,086/- per acre sofaras the dry land is concerned. The said judgment of this Court appears to have reached the finality. Therefore, I do not find any strong reasons to differ from the observations made in the said case. Hence, in this case also the appellants are entitled for fixation of the market value of the land in question, at Rs. 1,15,806/- per acre.

For the aforesaid reasons, the appeal is allowed in part. The judgment and award dated 28.06.2014 passed by the III Additional District Judge at Gulbarga in LAC No. 189/2012 is hereby modified. The compensation awarded under the said judgment and award in respect of the land measuring 2 acres 10 guntas wet land of the appellants acquired in Survey No. 189/3 of Yelmamdi Village, at Rs. 65,000/- per acre, is enhanced to Rs. 1,52,086/- per acre. The appellants are also entitled for all the statutory benefits, interest and cost, which they are entitled to under law.