Revanappa vs The Special Land Acquisition Officer M and MIP, Gulbarga

Arali Nagaraj

Both these Miscellaneous Second Appeals have arisen from the same Common Judgment. Dated 19.08.2008 passed in LAC Appeal Nos.11/2005 and 12/2005 on the file of learned IV Additional District Judge, Gulbarga (hereinafter referred to as ''First Appellate Court'' for short). The respective appellants in both these appeals are claimants in LAC Nos.409/2002 and 411/2002 on the file of the learned Civil Judge (Sr.Dn.) Sedam (hereinafter referred to as ''Reference Court'' for short). The Reference Court awarded compensation at the rate of Rs. 33,000/- per acre of the lands under acquisition with all consequential statutory benefits thereon. The First Appellate Court enhanced the same to Rs. 37,500/- per acre of the lands with all consequential statutory benefits thereon. The appellant-claimants in both these appeals have sought for further enhancement in the compensation.

Though both these appeals are listed today for admission, having regard to the short question involved in these appeals as to the quantum of compensation, they are taken together for final disposal. Arguments of Sri.A.M.Biradar, learned counsel for the appellant-claimants and Sri.Mallikarjun Sahukar, learned High Court Government Pleader are heard. Perused the impugned Judgments of Reference Court and First Appellate Court.

The lands bearing Sy.No.157 belonging to claimant in LAC Appeal No.409/2002 and Sy.No. 143/2/4 belonging to claimant in LAC Appeal No.411/2002 respectively measuring 1 acre 35 guntas and 1 acre 22 gunats were acquired under preliminary notification dated 29.05.1995 for the purpose of submergence of Lower Mullamari Project. Both the said lands were situate in same Yalmamadi Village of Chincholi Taluk in Gulbarga District.

Placing reliance on the decision of this Court in MFA No. 13424/2007 (LAC) disposed of on 15.11.2010, learned Counsel for the appellant-claimants strongly contends that the lands acquired in the said case and also the lands in the present cases were all situate in the same Yalmamadi Village and they all came to be acquired for the same purpose of submergence in Lower Mullamari Project and therefore, the appellant-claimants herein are entitled to compensation at the same rate of Rs. 91,000/- per acre awarded in the said case.

Per contra, learned High Court Government Pleader strongly contends that the lands in the said case were acquired under Preliminary notification dated 17.10.1996 and the lands in the present cases came to be acquired under the preliminary notification dated 29.05.1995 i.e. about one year and four months prior to the acquisition of land in the said case and therefore, the claimants herein cannot be granted the same amount of compensation at the rate of Rs. 91,000/- per acre as awarded in the said MFA. This contention of learned High Court Government Pleader deserves acceptance.

As could be seen from the copy of judgment in MFA No. 13424 of 2007 dated 15.11.2010 produced by the learned counsel for the appellant-claimants, in respect of the lands in Sy.No.86/2 measuring 9 acres 27 guntas of the same Yalmamadi Village involved in the said MFA No. 13424/2007, this Court awarded compensation at the rate of Rs. 91,000/- per acre with all consequential statutory benefits thereon, following earlier judgment of this Court in MFA No.7430/2007.

In MFA No.7430/2007, Rs. 65,000/- per acre with all consequential statutory benefits was awarded as the compensation in respect of the lands that were acquired in the year 1991. This Court determined compensation in respect of the Rs. and in question in MFA No. 13424/2007 by taking the said amount of Rs. 65,000/- and escalating it at the rate of 8% per annum and awarded compensation at the rate of Rs. 91,000/- per acre with all consequential statutory benefits. Escalation was taken at the rate of 8% per annum for the period of 05 years, as the lands involved in MFA No.7430/2007 were acquired in the year 1991 and the land involved in MFA No. 13424/2007 was acquired in the year 1996. Since the lands in the instant appeals came to be acquired in the year 1995, escalation at the rate of 8% per annum, as taken by this Court in MFA No. 13484/2007 has to be taken for the period 04 years only. It comes to Rs. 20,800/-(32% of Rs. 65,000/-). Thus, by adding this amount of Rs. 20,800/- to Rs. 65,000/- as awarded in MFA No.7430/2007, the amount of compensation comes to Rs. 85,800/- per acre of the lands under acquisition. The appellant-claimants in these appeals shall be entitled to this amount of compensation with all consequential statutory benefits thereon. Hence, the following:

ORDER

Both these Miscellaneous Second Appeals are allowed with proportionate costs. The respective appellant-claimants shall be entitled to compensation at the rate of Rs. 85,800/- per acre of the respective lands under acquisition with all consequential statutory benefits thereon, less the amount of compensation which they have already received in terms of the Judgments and Awards passed by the Reference Court and First Appellate Court. However, the respective appellant-claimants shall not be entitled to interest on the enhanced amount of compensation for the period of delay of 761 days caused in filing the present appeals.

Awards shall be modified accordingly.

Original of this Judgment shall be placed in MSA No.576/2010 and a copy thereof shall be placed in MSA No.577/2010.